Conveyancing covers searches, contracts and transfer of ownership; choosing a solicitor early helps avoid significant delays near completion.
Conveyancing is the legal work that moves ownership of a property from one person to another. It is far more than form-filling. Your solicitor or licensed conveyancer investigates the title, raises questions with the seller's side, checks the property can be used and sold as you expect, deals with your mortgage lender, and finally registers you at HM Land Registry as the new owner.
The work splits into two clear halves: everything up to exchange of contracts, and everything between exchange and completion. Understanding that split makes the whole process much less mystifying — and helps you spot when something is genuinely running late rather than simply ticking along.
The most common cause of a stalled purchase is legal work that starts weeks after the offer was accepted. Instruct your conveyancer as soon as your offer is agreed, ideally before you have even paid for a survey. They can request the contract pack from the seller's solicitor, open the file, and begin anti-money laundering checks while you are still gathering information.
Expect to provide photographic ID, proof of address, and evidence of where your deposit comes from. Bank statements covering the last few months are usually enough. A gifted deposit needs a letter from the donor, plus their identification in most cases.
When comparing quotes, ask precise questions rather than simply picking the lowest number:
A quote that excludes searches and VAT is rarely the cheapest option once the invoice arrives.
Once the contract pack arrives, your conveyancer reviews the title and orders searches. Standard searches usually cover the local authority (planning history, road adoption, conservation areas), water and drainage, and environmental matters such as contaminated land and flood risk. Depending on where you are buying, you may also need coal mining, tin mining, radon or chancel repair searches. Leasehold purchases add a management pack, service charge accounts and ground rent details.
Searches alone tell only part of the story. Your solicitor will also raise enquiries, working from the seller's Property Information and Fixtures and Fittings forms, plus any additional questions prompted by what the searches reveal. Expect questions about restrictive covenants, rights of way, shared drains, boundary responsibility, Japanese knotweed, and building regulations certificates for any alterations — windows, extensions, loft conversions or a new boiler.
If something cannot be resolved, your conveyancer may recommend an indemnity policy, which is a one-off insurance premium covering a specific defect. It is a sensible solution in many cases, but you should always understand exactly what it does and does not cover before agreeing.
The stage ends with a report on title: a written summary explaining what you are buying, any limitations on it, and the conditions attached to your mortgage offer. Read it properly and ask questions — this is the moment to do so.
Exchange is when the purchase becomes legally binding. Before it happens, your solicitor will confirm that your mortgage offer is valid, that your deposit is in place, and that all enquiries are satisfactorily answered. You will sign the contract, the seller signs theirs, and the two are exchanged, usually by telephone between the two firms.
The deposit is normally ten per cent of the purchase price, although a smaller amount can sometimes be negotiated. Two things change immediately on exchange: you are contractually committed to complete on the agreed date, and responsibility for buildings insurance passes to you. Arrange cover from the day of exchange, not completion — your lender will require it in any case.
The gap is typically one to four weeks, though it can be longer if the property is tenanted or part of a chain. Your conveyancer will carry out final searches, request the mortgage funds, and prepare a completion statement showing the exact balance you need to send, including apportioned council tax and, for leasehold, service charges and ground rent.
You will also sign the transfer deed and mortgage deed, and pay any stamp duty due. Check the completion date in writing and arrange for your funds to reach your solicitor's client account at least a day before completion — same-day transfers can fail, and a failed transfer can mean losing your keys for the day.
On completion, your solicitor sends the balance to the seller's solicitor by same-day transfer. Once received, keys are released — usually through the estate agent. If you are in a chain, expect completion to happen in the early afternoon rather than first thing in the morning.
Afterwards there is still work to do. Your stamp duty return must be filed and paid within fourteen days of completion, even if no tax is due. Your conveyancer will then register the transfer at HM Land Registry, which currently takes several weeks. Keep your completion statement, title documents and any indemnity policies safely — you will need them when you come to sell.
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Matthew Kuhnemann
8/2/2024
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