When Will I Need Conveyancing Services?

Conveyancing services are crucial when it comes to legal property matters. Read on to discover when you may need them, and find out how to work with quality property lawyers.



What is conveyancing?

Conveyancing is a legal term, which is why it involves lawyers. It usually refers to the transfer of a property from one person to another, so the legal title of the property now belongs to someone else. If you’re buying or selling a property, then it will involve this transfer.

When might I need conveyancing services?

There are several instances that require expert conveyancing services. Here are a few of the most common:

When buying or selling a property

Conveyancers can assist in preparing legal documents such as contracts of sale, conducting property searches, and registering the change of ownership with the relevant authorities.

When transferring property from one family member to another

If you are transferring a property between family members for little or no money, a conveyancer can help ensure the transfer is done legally and properly.

When subdividing property

If you are looking to subdivide land into smaller lots, a conveyancer can assist in obtaining the necessary permits and ensuring compliance with relevant laws and regulations.

When refinancing your home

A conveyancer can assist in discharging the old mortgage and registering the new mortgage with the relevant authorities.

When leasing a property

If you are a landlord or tenant, a conveyancer can help prepare lease agreements and ensure compliance with relevant legal requirements.

It is important to note that conveyancers can help with a range of legal matters related to property, so if you are unsure if your particular situation requires their services, it is best to consult with a qualified conveyancing solicitor.

What does the conveyancing process involve?

The conveyancing process can be lengthy and involves a number of different steps:

Step 1: Instruction

The first step in the conveyancing process is for the buyer or seller to instruct a conveyancing solicitor. Once instructed, the solicitor will issue a letter of engagement outlining the services they will be providing, the costs involved and any terms and conditions.

Step 2: Title check

The solicitor will then start the legal work by carrying out a title check. This involves obtaining a copy of the property title deeds, checking for any restrictions or third-party rights, and confirming the seller's legal title to the property.

Step 3: Search

The solicitor will carry out a series of searches such as Local Authority Search, Drainage and Water Search, Environmental Search, etc. These searches will provide the buyer with important information about the property, such as whether there are any planning or environmental issues that might affect its value.

Step 4: Enquiries

The solicitor will also ask questions about the property, known as enquiries. This will cover a range of issues, such as any disputes with neighbours, details about building work, and whether there are any ongoing legal or financial matters affecting the property.

Step 5: Mortgage

If the buyer is financing the purchase with a mortgage, their solicitor will need to liaise with the lender to ensure that all necessary checks and requirements are met.

Step 6: Exchange of contracts

Once all enquiries and searches have been completed, and any necessary issues have been resolved, the solicitors for both the buyer and seller will agree on a date for exchange of contracts. This is the first legally binding step in the conveyancing process, and both parties will then be committed to completing the sale/purchase.

Step 7: Completion

On the day of completion, the buyer's solicitor will transfer the purchase price to the seller's solicitor. Once the funds have been received, the seller's solicitor will confirm this to the buyer's solicitor and will then authorise the release of the keys to the property.

Step 8: Post-completion

After completion, the solicitors will carry out a number of final tasks, including registering the transfer of ownership with the Land Registry and paying any stamp duty land tax that is due.

The conveyancing process can be quite complex and involves a number of important legal and financial considerations. It is therefore important to ensure that you work with a qualified and experienced conveyancing solicitor to guide you through each stage of the process and help you complete your transaction as smoothly as possible.

What’s the difference between commercial and residential conveyancing?

Commercial conveyancing takes longer to complete than residential conveyancing due to extensive legal regulations that will need to be observed. Commercial transactions are often significantly more complex, as commercial buildings are often occupied by tenants whose rights must be taken into account by both the seller and buyer. A lot more documents are also likely to be involved - for example, the buyer’s conveyancer will need to see the Fire Risk Assessment of the property.

What are the benefits of working with a property lawyer?

A property lawyer will provide invaluable expertise when dealing with the conveyancing process. Here’s why working with property solicitors is something you should consider:

Knowledge of the legal process

The conveyancing process is complex and there are many different legal requirements that must be met. A conveyancing solicitor will have a thorough understanding of the process and will be able to guide you through it step-by-step, ensuring that everything is done correctly and efficiently.

Expertise in property law

A conveyancing solicitor will have extensive knowledge of property law and will be able to advise you on any legal issues that may arise during the transaction. They will also be able to help you to negotiate any disputes that may arise, as well as provide guidance on any problems that may occur during the process.

Experience dealing with property transactions

A conveyancing solicitor will have a great deal of experience dealing with property transactions and will be able to provide you with a range of conveyancing services, including handling paperwork, arranging searches, and managing the exchange of contracts. They will also be able to advise you on the best way to proceed in certain situations and help you to make informed decisions throughout.

Time-saving

The conveyancing process can be time-consuming and stressful, meaning that one of the main benefits a conveyancing solicitor can offer is the ability to handle much of the work for you. This will free up your time, allowing you to focus on other important tasks, and will help to ensure that the process is completed as quickly and efficiently as possible.

How can I find a quality conveyancing lawyer?

There are several things you can do when it comes to finding the ideal property lawyer. These include:

Do your research

Start your search online and look for property lawyers in your area. Check their websites to know more about their services, experience, and qualifications. You can also read reviews and ratings from previous clients on their website or other third-party review platforms.

Ask for recommendations

If you know anyone who has recently bought or sold property, ask them for recommendations for a good property lawyer. You can also ask your family, friends, neighbours, or colleagues who have used the services of a property lawyer before.

Check for experience

Look for a property lawyer who has experience in handling cases similar to yours. Ask about their experience in dealing with property transactions, disputes, or any legal issues related to the property. This will help ensure that you get expert advice and guidance throughout the process.

Schedule a consultation

Once you have identified potential property lawyers, schedule a consultation with them. This will give you an opportunity to ask questions and discuss your concerns. You can ask about their fees, timelines, and their approach to handling your case.

Discuss fees

It's important to discuss the fees with your lawyer upfront. Ask them about their fees and whether they work on a fixed fee or hourly basis. Ensure that you understand their billing structure and any potential additional costs associated with your case.

Communication

Choose a lawyer who is easy to communicate with and is responsive to your queries. Good communication is key to a successful outcome in any legal case.

These steps should help you find a good property lawyer who can guide and support you throughout your property transaction or dispute.

Find expert property solicitors near you

Andrew Lee & Co Property Lawyers is your specialist team of experienced property law professionals based in Maidstone, Kent. We provide a variety of expert property conveyancing services to residential and commercial clients predominantly across Kent and the South East of England but also throughout England and Wales. For help with conveyancing queries and expert property advice, please contact us today.