Conveyancing FAQ

Conveyancing is the legal process of transferring ownership of a property from one person to another. It is important because it ensures the transaction is carried out correctly, all legal checks are completed, and your rights as a buyer or seller are fully protected.

For most of us, buying or selling a home is the biggest personal and financial investment we will ever make. You should ensure your solicitor is approachable, experienced, and independent. You will want clear, impartial advice and a professional service throughout the process. It is also advisable to look for a solicitor who is accredited under the Law Society Conveyancing Quality Scheme.

Our conveyancing services will usually include all aspects required to take your matter through to completion. On a sale, we will deal with all aspects of the transaction, including liaising with leasehold management companies and mortgage lenders where required. On a purchase, we will act for you and your lender (if applicable), and our role includes reviewing contract papers and searches, reporting to you, and dealing with the financial formalities to complete your transaction. We will also handle the payment of any Stamp Duty Land Tax (if applicable) and the registration of your transaction at HM Land Registry.

If there are no mortgages involved in your transaction, you may be able to proceed without a solicitor. However, the legal and compliance obligations when dealing with other parties and organisations such as HM Land Registry can make the process complex in practice. Instructing a solicitor helps ensure the transaction is handled correctly and reduces the risk of delays or costly mistakes.

It depends on the property you are buying. As part of the Law Society’s Conveyancing Protocol, it is usual for a local authority search, a water and drainage search, and an environmental search to be carried out. Your solicitor may also recommend additional searches depending on the area, the type of property you are buying (and your plans for it), and any information that comes to light during the conveyancing process.

This is Latin for “buyer beware” and explains the principle that when buying a property it is at the buyers risk and they should carry out all enquiries and due diligence necessary including matters of a non-legal nature.

As part of the Law Society Conveyancing Protocol, it is standard for a local authority search to be included in your search pack. It provides a ‘snapshot’ of the information held by the local authority on its registers at the time the search is carried out. This can include matters affecting the property as well as certain issues in the surrounding area, such as planning decisions, road schemes, and enforcement notices.

It depends on the issue and whether further information can be obtained from the seller or another source to clarify the position. Your conveyancing solicitor will advise you on the next steps if an adverse matter is identified during the process. This may include raising further enquiries, negotiating with the seller, obtaining specialist reports, or, in some cases, reconsidering the purchase.

Legal title to land is held by the registered proprietor, as recorded at HM Land Registry. It is important that the legal title is recorded correctly to ensure there are no issues when you come to sell, transfer, or mortgage your property. The title will also confirm important details such as ownership, boundaries, rights of way, and any restrictions affecting the property.