Top questions and answers about conveyancing

When should I instruct a solicitor when buying a house?

You should instruct a solicitor when you put your house up for sale, or when your offer and a house you want to buy has been accepted. 

Whilst conveyancing without a solicitor is possible, all mortgage lenders insist on a solicitor being instructed to protect their interests. Appointing an experienced solicitor also provides you with the knowledge, support and guidance throughout the process, to ensure it goes and smoothly and successfully as possible.

What is the most important component of a conveyancing transaction?

The land title is one of the most important conveyancing documents that is part of a property transaction. Titles to property are sometimes not registered, so the solicitor acting for a seller whose land is not registered provides what is called an Epitome of title. This document attaches the documentation showing that the seller is able to sell the property, if the owner has sadly passed away, grants of probate and death certificates will also have to be produced. 

A property seller should always provide proof of title to the buyer, and reviewing this title is just one way of safeguarding the buyer's best interests.

What is checked during conveyancing?

The buyer's conveyancer will check the mortgage offer and ensure that all of the lender's requirements to release funds are satisfied. If the buyer is not obtaining a mortgage, the conveyancer will check the origin of the funds being used to purchase the property to satisfy money laundering requirements.

What is the longest part of conveyancing?

The longest part of a house sale or purchase is the pre-exchange period where the contracts are being reviewed. This period relies on third parties (including search providers) delivering information in order to create the contracts – and this is something that your conveyancer has no control over. Some local searches can take up to two months to be received, so this should be borne in mind at the start of a transaction.

What are the last stages of conveyancing?

In the final stage of the conveyancing process your solicitor will arrange for any Stamp Duty (if applicable) to be paid to Revenue and Customs. They will also register you as the new owner of the property with the HM Land Registry, this legally has to be done within 30 days of completion of the purchase.

Click here to see the conveyancing process when buying a house.