I often have clients come to me and say “I need to instruct somebody to carry out the conveyancing on my house sale but I don’t understand what they actually do.”
In short, conveyancing is the legal work involved when transferring ownership of land or buildings from one person to another.
What happens during the conveyancing process?
During the process a conveyancer (another word for solicitor) will follow these key steps:
- The seller’s solicitor will prepare the contract pack by drawing up a contract and requesting any title deeds from the Land Registry. This will be done using information you have provided through the protocol forms e.g. the property information form. If the property is subject to encumbrances, such as a mortgage, the solicitors will usually request a mortgage settlement figure (for information purposes only).
- The contract pack will then be sent to the buyer’s solicitor with a request for any specific enquiries they wish to raise. Once reviewed and the enquiries have been received, the seller’s solicitor will assess those which are of a legal nature and prepare replies. Any queries which are property specific will be forwarded to the seller to consider.
- These replies are then sent to the buyer. At this stage the buyer’s solicitor will have carried out various searches on the property and will have reviewed any required mortgage offer.
- Ultimately, the buyer’s solicitor will report their findings to their client and, providing the buyer is happy, the matter proceeds to exchange and completion.
- After completion, the buyer’s solicitor will register the transfer deed and any mortgage with the Land Registry in order to change the register to the buyer’s names. They will also make sure any existing mortgage on the property is fully discharged.
Whilst these steps show a simple conveyancing process, there can often be issues that arise which affect it. The process can sometimes be delayed or require more work to resolve these issues. With this in mind it is key to ensure your solicitor is one who you can trust to get the work done and keep you updated throughout.
How to choose the right solicitor to carry out the conveyancing process?
Your choice of solicitor can be just as important as choosing your new home. The right solicitor can help ease the stress of moving house, ensure your new home is legally documented with the Land Registry and make sure the property deeds are correctly stored. You can read more about how to choose the right solicitor in our previous blog: “How to choose your conveyancing solicitor.”
For more information on the conveyancing process, please contact our Conveyancing team on 0161 475 7676.