What do conveyancing lawyers do?

Simon Edward • Aug 08, 2022

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Buying or selling a home can be trying, to say the least.


You'll probably have to view a half-dozen properties before finding one you love. You'll have to put in an offer, cross your fingers and prepare for disappointment. Then, if everything works out in your favour, you'll still have to pack your entire life into boxes and reconstruct it, piece by piece, in your new abode.


Somewhere, amid all this stress, you discover that you have to pay for something called "conveyancing". And that's when you really start to tear your hair out.


Here's the thing. While it might come as a shock to first-time movers, conveyancing is a crucial step in any property transaction. And – believe us – your conveyancer isn't taking your money and twiddling their thumbs. It's a complicated process that requires time, rigour and expertise.


Read on to discover what really happens behind closed doors when you appoint a conveyancer.


What is conveyancing?


Conveyancing is the legal process by which ownership of a property transfers from one person to another.


This definition might make it sound as easy as handing over the keys, but it's a little more complicated than that. As long as there's a mortgage involved, the process must usually be carried out by a professional conveyancing lawyer or licensed conveyancer.


What does a conveyancing lawyer do?


Your conveyancing lawyer is there to deal with all the legal aspects of your property transaction. This includes drafting contracts, digging up information about the property and keeping things coordinated with the other party's conveyancer. They'll also handle the transfer of money once the property is legally transferred to its new owner.


Once the buyer's offer has been accepted, the conveyancing process begins. On average, this takes eight to 12 weeks but can be quicker or slower depending on the specifics of your situation. Conveyancing takes you up to the point of "completion", when contracts have been exchanged and the property has changed hands.


If you're the buyer, your conveyancing solicitor will carry out searches on the property. This is to make sure that there aren't any nasty surprises lurking beneath the surface. Sellers don't have to tell you every last detail about a property, so a conveyancing search gives you peace of mind before entering into the transaction. It's essential to do this before exchange of contracts – once exchanged, there's no going back unless you're prepared to lose your deposit.


There are many types of conveyancing search depending on the location of the property – if, for instance, it's near a mine, you'll need a "mining search". However, the three most common searches requested by mortgage lenders are:


Local Authority search. This covers many things, including planning permissions, listed status, and whether the property is in a preservation or conservation area.

Water and Drainage search. This search furnishes you with information as to the property's relation to the main water supply and public sewer.

Environmental search. This search investigates whether the property – and by extension, its owner – is at any environmental risk, for instance from flood or contamination.


These searches might seem OTT, but they equip you with all the available facts about the property, ensuring a strong, informed decision.


Documents


If you're selling, you'll need to provide your conveyancing solicitor with the property's title deeds. If you've paid off your mortgage and own the property outright then these will be either in your possession or in your solicitor's. If you're still paying it off, then your mortgage lender will have them. In either case, don't panic – your solicitor will take the steps needed to obtain them.


If you're buying, you need to look over and approve the forms provided by the seller. The two key documents are:


1. Fittings and contents form (TA10)


This document is an inventory of fittings and contents that are to be included in the sale. Depending on the seller, you might find the property bare, or they might leave behind some furnishings.


2. Property information form (TA6)


Think of this as a fact sheet for the property. It can cover:


  • Rights of way and easements
  • Ownership of boundaries
  • Information on planning permissions
  • The property's history
  • Parking facilities
  • Any disputes with neighbours


Drafting the contract


Before contracts are exchanged, several steps need to be taken.

Your conveyancer will get you to check and sign a draft contract. This document covers the particulars of sale, conditions of sale and the date of completion. Once rubber-stamped by you, this is sent to the buyer's conveyancer. Once rubber-stamped by them, your conveyancer will draw up the final contract. The conveyancers now exchange contracts.

Next, deposits are paid and the contract becomes legally binding. (Note that this is slightly different in Scotland, where contracts become binding slightly earlier.)


Before completion, your solicitor will detail the amounts of money due from you.


Completion


The date of completion is the day on which the property is finally handed over to its new owner. When this day comes, the buyer's conveyancer is tasked with sorting out the transfer of money to the seller's solicitor. It's also the time at which the keys are handed to the estate agent.


After you've bought the property


So you've finally taken possession of the property – but the conveyancing process is still not quite done.


If required, your solicitor will pay Stamp Duty out of the funds you provided. They will send your mortgage lender a copy of the title deeds. Finally, they'll send relevant documentation to the Land Registry. This is to officially confirm that the property has changed hands and that you are the new owner.


So, as you can see, your conveyancing lawyer has a lot of work on their hands – but most would agree it's better than doing it all by themselves.


Having a good solicitor can make the process of buying a property so much easier. If you're looking for help with conveyancing, get in touch for a free legal consultation.

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