Monday, January 17, 2011

A Quick Introduction to Conveyancing - To Estate Law

Conveyancing is a topic that is maybe only viable to you 5 or 6 times in your entire life, why would you know what it is, especially first time around? To simplify conveyancing: the conveyancing process is the method by which ownership of land and buildings are legally transferred between a seller and a buyer. The reason conveyancing is needed is principally to ensure that buyers are buying what they think they're buying. Both the buyer and the seller will have individual conveyancing solicitors.

Conveyancing can be done by the owner of the property (known as 'DIY Conveyancing'). It can be done, however it is very stressful (especially if you're working full time) and you're not likely to know the proper legal procedures as a Conveyancer or a Solicitor would. Also, if completed incorrectly, the buyer could be faced with large legal costs, particularly if crucial information is later discovered about the property which had not been previously disclosed. One should also consider that lenders and other solicitors are likely to be very reluctant to deal with an unrepresented party.

When selling a property, the conveyancing solicitor will request a copy of the land registry entry for the property being sold. A contract for sale will then be prepared, incorporating the land registry plan amongst other details, which will then be forwarded to the buyer's conveyancer.

When buying, the Conveyancer for the buyer will apply for a variety of searches to be conducted, for example; the personal local authority search along with an official drainage search. The buyer's conveyancing solicitor will also asses if the buyer has sufficient funds available for the transaction, and will receive a copy of the formal mortgage offer, should the buyer be borrowing money. Always check with your lender what searches they require.

When all the necessary searches have been completed and all information disclosed, contracts can be exchanged. The exchange of contracts is a legally binding agreement for both parties, with the vendor agreeing to sell and the purchaser agreeing to buy the property. A completion date will be set, upon which day the transfer will be finalised and the balance of the sale price will be received. In return a transfer deed is handed over to the buyer's Conveyancing Solicitor, which after registration at Land Registry completes the conveyancing process.