Note that all words in italics on this page are defined on the separate Conveyancing Glossary page.
What do we mean by the Conveyancing Process?
Conveyancing covers a wide range of transactions including buying, selling, leasing, creating and discharging rights over a Property, including Mortgage rights.
What is involved is checking the title deeds of a Property, together with appropriate reports, and preparing and registering the appropriate document to achieve the purpose of the transaction.
What different people will expect.
- A Seller will expect to have no remaining involvement in the Property they sell – which will include having their Mortgage discharged at the Land Register.
- A Purchaser will expect to be owner of the Property without challenge and to be aware of what, if any, Title Conditions may affect them from a practical point of view.
- A Mortgage lender will expect to have a valid security over the Property and to be able to repossess and sell the Property if the Mortgage conditions are not adhered to.
The documents which are prepared or examined as part of the process.
- Title Deeds,
- Land Register Applications,
- Legal Report request and Legal Report,
- Property Enquiry Certificate,
- Advance Notice,
- Plans Report,
- Land and Building Transaction Tax Return,
- Standard Security,
- Certificate of Title,
These documents are obtained or prepared and checked to ensure that your expectations as a Purchaser or Seller are met. It is not as straightforward as “just filling in a form”.
All of this is a large part of the work the solicitor is carrying out on your behalf. You will not necessarily be aware of the details of what is being done – or need to know. You do not need to see the Advance Notice, for example, which is a notice that’s submitted to the Land Register ahead of settlement to protect a Purchaser or Mortgage lender. It is your solicitor’s job to make sure that it is done.
Depending on the title, there could also be other document reports obtained – such as a water analysis report, if the Property is not connected to a public supply. Additional documents may be needed such as a Declaration to confirm access to a Property. Where there are possible concerns about the previous use of the land on which your property is situated, your solicitor may recommend that you get a Contaminated Land Report.
Everything needs to be carefully coordinated to ensure that documents are not received either too early or too late. Many of the documents and reports are inter-related and the careful coordination of these does mean that a last minute change of detail – or timing for completion – may not be possible.
How we can help
If you have any questions about the conveyancing process as outlined on this page, please get in touch. All enquiries are free of charge and without obligation. We’re keen to understand what is maybe not clear in our explanation, so we can improve the content on the website.