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Conveyancing Solicitors

Do you need legal help with residential property or conveyancing? From selling a house to remortgaging, our conveyancing solicitors can help with nearly any property legal service you need.

What is conveyancing?

Conveyancing is the legal process and work involved in transferring a property’s title from one person to another. It also involves the work required to secure a remortgage.

A conveyancing solicitor’s duties begin when an offer has been accepted on a property and conclude when the final contracts have been exchanged and signed and all money has been transferred between both parties.

Conveyancing means the work necessary to make sure a house purchase is legally valid. This is why it’s generally wise to appoint a specialist conveyancing solicitor to carry out the work. As the process is often complicated, being able to rely on their knowledge is an invaluable help.

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What do conveyancing solicitors do?

Conveyancing solicitors carry out the work necessary to change ownership from the seller of a property to the buyer.

Among their duties is:

  • Liaising with the other party’s solicitor about contracts
  • Carrying out and analysing the necessary searches – such as local authority, Land Registry, environmental and water authority searches
  • Arranging completion dates with other solicitors in the chain
  • Exchanging contracts
  • Transferring deposits and final balances

Conveyancing solicitors also establish who owns the property boundaries and whether they are the subject of any disputes. They will also find out what fixtures and fittings are included in the house sale or purchase.

If the property in question is leasehold, conveyancing solicitors will have to read the lease in order to meet a mortgage lender’s requirements. They will also need to check whether there have been any previous disputes between the landlord and leaseholders.

Are all conveyancers solicitors?

Not all conveyancers are solicitors. You could work with a licensed conveyancer, who can carry out the duties of a conveyancing solicitor.

You should ensure that the solicitor or conveyancer you choose to work with is regulated by the Solicitors Regulation Authority or the Council for Licensed Conveyancers.

Although all solicitors are able to undertake conveyancing work, not all have experience in doing so. For this reason, you could benefit from using the services of a specialist conveyancing solicitor.

How long does conveyancing take?

Each property purchase is different. This means that the conveyancing period can vary in length.

Typically, though, conveyancing takes between eight and 12 weeks. But there are a number of factors that can affect this and potentially delay the process.

More complicated house purchases – such as those of leasehold properties – can extend the length of time conveyancing takes.

Long chains can also make it difficult for conveyancing solicitors as everyone has to ensure they are ready to complete on the same day. It can take some time for this to come together as everyone will have different circumstances.

Meanwhile, if the sale only involves one seller and one buyer or if it’s cash purchase, it can speed the process up.

Is conveyancing different in Scotland?

Conveyancing solicitors play more of a role in the process of buying and selling properties in Scotland than they do in the rest of the UK.

In Scotland, contracts are generally concluded at an earlier stage. Once accepted, the initial offer is legally binding. This results in potential buyers having their surveys completed before they make an offer and conveyancing solicitors being instructed earlier.

The purchase contract is typically made up of contract letters, known as missives, between the buyer and seller. These missives contain proposed sale contracts and negotiate terms. As they are sent one missive at a time, they act as offer and counter-offer.

Once both parties agree to all terms, the missives are concluded. They then serve as a binding contract for the property sale.

Do I need a conveyancing solicitor?

It is possible to carry out your conveyancing yourself. However, it is a complicated process for someone who is not familiar with it.

With the amount and complexity of the work necessary, most people are better off with specialist conveyancing solicitors.

They understand the law and what they need to do to ensure a house sale, purchase or remortgage adheres to it. A conveyancing solicitor’s expertise will help ensure the process goes as smoothly as possible.

First4Lawyers can put you in touch with the perfect conveyancing solicitor for your case. Just give us a call or click here to start your enquiry.

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