What does Conveyancing Entail?

Buying or selling a house is a minefield for most of us and as with any other contract we enter into, all the legal aspects of the process must be completed legally and in a timely manner or our transaction may not go ahead as planned.

The legal aspects of a house sale or purchase is referred to as Conveyancing, as it moves the ownership of the property from one owner to another. It undertakes all the legal and administration tasks involved in transferring that property and alerts the buyer to any historical issues or future problems which could potentially impact the value of the property.

The conveyancing process normally starts once an offer has been accepted by a seller, at which point, both the seller and buyer will instruct the commencement of the necessary processes.

The Conveyancing process is very labour intensive and consists of carrying out investigations via local authority and public register searches. These searches include, among others:

• Title register and title plan, to insure that the buyer is in fact the owner and is selling the property exactly as it is registered with the Land Registry.
• Checking flood risk
• Water authority searches
• Environmental Search, which will give information regarding contaminated land, landfill sites, former and current industry, the presence of Radon gas and ground stability issues among others.
• Mining searches
• Chancel repair liability

Searches will also be carried out to ensure that all planning permissions and building regulations have been adhered to and will look for future planning issues, such as new housing, industrial or infrastructure developments which may impact on your property.

At this stage any possible issues of concern will be flagged up to the buyer.

Conveyancing also includes;

• Arranging a survey of the property (if required)
• Exchanging the contract
• Purchase completion, including transfer of funds to the seller.

Because Conveyancing is so labour intensive, the process can take around eight to twelve weeks, depending on a number factors.

Who should do my Conveyancing for me?

You have three choices when it comes to appointing someone to carry out this work for you;

1. A local, family, solicitor who also undertakes other more general types of legal work.
2. A solicitor who specialises in Conveyancing, who may not be local to you and is very often contacted on-line in the first instance.
3. A qualified Conveyancer who is licenced and regulated by the Council for Licensed Conveyancers. 

All three of these have their own set of skills and experience and the choice of which route to go down will depend on the individual circumstances of a purchase.

A local, family solicitor’s practice, particularly larger firms, may use their juniors to carry out much of the conveyancing with a senior partner keeping a watching brief. As qualified solicitors, they will be able to handle any legal problems which may crop up due to a possible boundary dispute or if the sellers are involved in a divorce.

A specialist solicitor who does only conveyancing will also be able to take care of other legal issues which crop up as part of the sale. They will probably work faster to completion than a solicitor involved in other legal work, but in some cases may not have the benefit of local knowledge, which can in some instances be a disadvantage. A licenced conveyancing professional will be registered and regulated by the SRA – Solicitors Regulation Authority

A qualified conveyancer, like the specialist solicitor, does only conveyancing work and again, tends to take less time to complete the work. They will be less expensive than a solicitor and their work is regulated by the CLC - Council for Licensed Conveyancers. 

Regardless of which option you decide is best for your circumstances, you need to consider a range of factors before you appoint someone to do your conveyancing;

Ask around for feedback from family, friends or others who have been through the house buying process and get their views. A recommendation from someone you trust is always helpful as is someone’s bad experience.

Be wary of engaging someone through a third party property professional. They may be paid a commission if you do.

While a conveyancer from another part of the country may be less expensive, there are times when local knowledge can help the process along, saving time and stress. Each property will give a different emphasis, so consider your options.

Communication is a very important aspect of conveyancing. It is recognised that house purchase is one of the most stressful times of our lives and nothing raises these stress levels more that an uncommunicative solicitor or conveyancer, who ignores repeated requests for information, or does not return our calls. Conversations with your conveyancing professionals before you commit, will tell you a great deal about this aspect of their client communication skills.

Fees are obviously a consideration, but the cheapest option is not always the best value for money and the three options highlighted above will have differing fee structures. Conveyancing costs can typically vary between £850 and £1200. Always, ask for a quote which details the conveyancer’s fees and lists, will costs highlighted, all of the disbursements for searches, title deeds, and any other sundry costs. That way there is no dubiety about the total bill you will be presented with along with the keys of your new home.

If you are considering buying or selling a home, you may find some of these services useful: