What is conveyancing?

Conveyancing is the legal process of transferring the ownership of property, which normally occurs when property is either bought or sold. During the conveyancing process all the appropriate checks and searches are undertaken in order to ensure that the seller owns the property being sold, and is entitled to sell it, what rights of way if any over the land exist is checked. As is checking if the property is burdened by any other third party rights? Therefore the process of searching during the conveyancing process is vital if the buyer is able to purchases the property without any unpleasant surprises.

Conveyancing for sellers in the UK.

Conveyancing: transferring the ownership of property in the UK.

There are three main stages of conveyancing for sellers, with tasks that need to be done at each point:

• Pre-contractual stage
• Exchange of contracts
• Completion

1. Pre-contractual stage

Once you have accepted an offer for your property, legal documents need to be prepared to transfer ownership from you to the buyer. As the seller, you are responsible for drawing up a legal contract. If you have hired a solicitor or licensed conveyancer, they will do this work for you. The buyer then checks the draft contract and may wish to negotiate its contents.

The contract contains details including:

• what the boundaries of the property are
• which fixtures and fittings, like carpets and kitchen units, are included in the sale
• how much the property is being sold for
• any legal restrictions or rights on the property, like any public footpaths or rules about use of the property
• any planning restrictions in place
• a description of the services to the property, eg drainage and gas
• the date for completing the sale (called completion)

Your solicitor or licensed conveyancer will do the following on your behalf:

• draft the initial contract
• answer questions from the buyer's solicitor or licensed conveyancer – they will need your assistance for many of the answers
• negotiate the details of the contract if necessary

Providing an Energy Performance Certificate (EPC)

You will need to have an EPC ready for potential buyers from the first day your property is on the market. To find out more about what you need to do to provide an EPC, see 'Getting an Energy Performance Certificate' on direct.gov website

2. Exchange of contracts in the UK

When the seller and buyer are happy with its contents, they sign final copies of the contract and send them to each other - this is the 'exchange of contracts'. Once contracts are exchanged, the agreement to sell and buy is legally binding and usually neither party can pull out without paying compensation.

Your solicitor or conveyancer will answer any further queries from the buyer's solicitor or licensed conveyancer. The buyer's solicitor or licensed conveyancer will prepare the legal documents to transfer ownership. You will need to check with the buyer who will be responsible for insurance of the property once contracts are exchanged.

3. Completion

Once contracts have been exchanged and any remaining checks by the buyer have been dealt with:

• the money is transferred from the buyer to you
• the legal documents needed to transfer ownership are handed over to the buyer
• you move out and leave the property in the state agreed in the contract
• you hand over the keys to the property to the buyer

The property now belongs to the buyer.

Conveyancing for buyers in the UK

Finding someone to do the conveyancing in the UK

Many people hire someone who is professionally trained to do the conveyancing, but you could do it yourself. 'Finding a solicitor or conveyancer' explains how to find someone who is qualified and what to consider if you want to do the conveyancing yourself.

Conveyancing: transferring the ownership of property in the UK

There are five main stages of conveyancing for a buyer:

• Pre-contractual stage
• Exchange of contracts
• Between exchange and completion
• Completion
• After completion

1. Pre-contractual stage

Once you have made an offer to buy a property, legal documents need to be prepared to transfer ownership from the seller to you. The seller draws up a contract for your agreement – you can negotiate its terms if necessary. If you have instructed a solicitor or licensed conveyancer, they will carry out this work and advise you on the contents of the contract.

The contract contains details including:

• what the boundaries of the property are
• what fixtures and fittings, like carpets and kitchen units, are included in the sale
• how much the property is being sold for
• any legal restrictions or rights on the property, like any public footpaths or rules about use of the property
• any planning restrictions in place
• a description of the services to the property, eg drainage and gas
• the date for completing the purchase (called 'completion')

Other tasks to be done at this stage are explained below.

Researching the property in the UK

Before you sign and exchange the contract, both you and your solicitor or conveyancer should find out as much as possible about the property.

The seller does not have to voluntarily tell you about problems there might be with the property or neighbourhood. The seller should, however, reply truthfully to enquiries. Your solicitor or licensed conveyancer will do a number of searches and checks including:

• checking the 'title' – the legal document that proves the seller's ownership
• asking the local authority about any planned works like roadworks or new developments that might affect the property
• enquiries to the seller's solicitor or licensed conveyancer about the details of the contract

Your solicitor or conveyancer may need to carry out additional searches depending on the type of property involved. For example, if your property is in an area where there have been mines, your solicitor or licensed conveyancer will need to do a mining check on the land.

Getting home insurance for the property in the UK

You will also need to consider insurance cover for the property – you will usually be responsible for insuring the property as soon as contracts are exchanged.

Getting a property survey for your property in the UK

You should also get a property survey before the exchange of contracts, to uncover any problems with the building like dry rot. To find out about the different types of survey see 'Property surveys'.

• Property surveys link at direct .gov

Getting your mortgage in place for your property in the UK

If you are using a mortgage to buy your property, you will need a need a formal mortgage offer from your lender before you sign the contract. The lender will send documents for you or your solicitor or conveyancer to sign. To find out more about applying for a mortgage, see 'Mortgage application process'.

• Mortgage application process link at direct.gov

2. Exchange of contracts in the UK

When the buyer and seller are happy with its contents, they sign final copies of the contract and send them to each other. This is called the exchange of contracts. Once contracts are exchanged, the agreement to sell and buy is legally binding and usually neither party can pull out without paying compensation. Buyers will usually pay the seller a deposit (usually 10 per cent of the purchase price of the property) at the exchange of contracts stage.

3. Between exchange and completion

In many cases, there are a few further checks to be done at this stage.

After the exchange of contracts (if not dealt with already) your solicitor or conveyancer will:

• prepare the legal documents to transfer ownership
• check mortgage documents
• make sure that they have all the necessary funds – which may include payment of their own fees
• arrange for the transfer of funds to the seller
• do final Land Registry checks
• check all agreed tasks set out in the contract have been done, like agreed repairs
• check that fixtures and fittings have been left as agreed

4. Completion of contracts in the UK

Once all matters between exchange and completion have been dealt with, the money for the property is transferred from buyer to seller. The sale is now completed and the keys are handed over. The property now belongs to the buyer.

At this stage, you will:

• receive the keys to the property on the agreed date
• pay the seller the remainder of the cost of the property through your solicitor or licensed conveyancer
• receive the legal documents that prove ownership of the property
• pay your solicitor's or licensed conveyancer's fees, if not already done

5. After completion of contracts in the UK

At this stage you will need to:

• register the change of ownership of the property with Land Registry
• pay Stamp Duty Land Tax (Stamp Duty)
• tell your insurers that completion has taken place

Your solicitor or licensed conveyancer can advise you on how to pay the Land Registry fees and Stamp Duty. For more about Stamp Duty see 'Tax on buying property'. see link at direct gov

Finding a solicitor or conveyancer in the UK

If you are buying or selling a home, there is a certain amount of legal work that needs to be done. This is called conveyancing. Find out how to choose an experienced professional to do this for you, and what the advantages and disadvantages are of doing the conveyancing yourself.

Hiring a solicitor or conveyancer in the UK

You can hire a solicitor or licensed conveyancer to do the conveyancing for you and give you advice. Telling the solicitor or licensed conveyancer that you want them to work for you on the transaction is called 'instructing' them.

Before you decide to instruct a particular solicitor or licensed conveyancer, you should ask how they will charge you and what the total is likely to be. Different firms have different ways of charging for conveyancing, so it's a good idea to compare several.

When to hire someone to do the conveyancing in UK

If you are buying a home, you should contact the solicitor or conveyancer you have chosen, once you have found a property to buy. If you are selling a home, it may be useful to identify a solicitor or licensed conveyancer as soon as you know you want to sell. However, you will not normally need to instruct them until you have found a buyer.

Using a licensed conveyancer in the UK

Licensed conveyancers are lawyers who specialise in property law, and are regulated by the Council for Licensed Conveyancers (CLC) in England and Wales.

Licensed conveyancers must:

• have training and pass exams to gain their licences
• work to a code of conduct
• have insurance in order to cover costs if something goes wrong

Using a solicitor in the UK

If you choose a solicitor, use one who specialises in conveyancing. You can find a solicitor who specialises in conveyancing on the Law Society website.

Doing the conveyancing yourself in the UK

Legally, you don't have to use a licensed conveyancer or solicitor, so you could do the work yourself. If you do choose to do the conveyancing yourself, it will save you paying fees to a professional, however:

• if you don't have any experience in this area, there is more chance of missing important details, like where boundaries lie
• you will not receive any legal advice, for instance on other people's rights over the property or the meaning of terms in a lease
• if something goes wrong you will be personally responsible, and may have to pay compensation to the other party and their legal costs
• you will have to pay for your lender to hire a conveyancer (lenders usually agree to use your conveyancer to save money)
• the other party may not want to buy or sell if they are not confident of your conveyancing experience
• you will not be able to give 'undertakings' (professional promises) that solicitors and licensed conveyancers use, which may cause you difficulties

Making a complaint in the UK

If you are not happy with the service you receive from your licensed conveyancer or solicitor, you should complain to them first. Give them a fair chance to sort out the problem before you take it any further.

All solicitors must be a member of the Law Society, and conveyancers must be a member of the Law Society (if they are also a solicitor) or of the CLC. If you feel that your solicitor has failed to deal with the problem, then contact the Law Society. If you have a complaint about a licensed conveyancer who is not also a solicitor, contact the CLC.

The Legal Complaints Service is part of the Law Society that handles complaints about solicitors. The CLC handles complaints about licensed conveyancers.

Getting details about land or property ownership in the UK

Land Registry can provide you with information about land and property. For example, the average house prices in specific areas of England and Wales and details about ownership and who the mortgage lender is. Find out how to get property information from Land Registry online or through the post.

Land and property information from Land Registry in the UK

You can get a title plan (a drawing showing what land is owned and where it is) and a copy of the 'registered title' for a property. A registered title can help you find out:

• who owns the property
• a description of the property (including its price if sold since 1 April 2000)
• the name of the mortgage lender, if there is one (but not usually the amount of money the mortgage is for)
• if any private rights of way exist across the property – for example, if a neighbour has the right to use your path (public rights of way aren't shown)
• any restrictions or conditions (but not including planning conditions) on the use of the property

For more detail about what is on the registered title, see the link at direct.gov 'What you'll get back from Land Registry'.

Getting a registered title or title plan online

You can get a copy of the registered title and title plan online. You'll need to register with Land Registry and have a debit or credit card to pay the fee.

Get official copies of the registered title and title plan in the post

You can get official copies of the registered title and title plan in the post. Official copies can be used as evidence in court.

Fill out Form OC1 and send it to your local Land Registry office with a cheque or postal order for £8 made payable to 'Land Registry'.

House price information from Land Registry in the UK

You can use a free tool to find out average house prices for a specific area in England and Wales, going back to January 1995. The House Price Index tool lets you search by postcode or general area. It also lets you compare results between areas.

Rentcharges for freehold properties in the UK

If there is a rentcharge (sometimes known as 'chief rent' or 'ground rent') on your freehold house you may be able to pay a lump sum in order to free yourself from having to continue paying the charge. Rentcharges are different from the ground rent payable on leasehold properties.

You can find more information about rentcharges and details of how to apply to the Rentcharges Unit on the Department for Communities and Local Government website.

What the land registry can't tell you

Land Registry doesn't keep any information about:

• specific land or property prices before 1 April 2000
• unregistered land or property
• tenancy agreements
• exact boundaries - for example, who owns the actual hedge separating two plots of land
• leasehold land if the lease is for seven years or less
• leasehold land if the lease was for under 21 years and was registered before 13 October 2003

You should contact your local authority if you want to find out about:

• planning permission
• compulsory purchase
• redevelopment
• road charges
• public health charges
• building lines
• tree conservation
• community charge, council tax and rating assessments

The above guide has been reproduced from the government website direct.gov.uk who is the acknowledged author reproduced in line with crown © copyright requirements www.direct.gov.uk the information is correct as of 25th August 2011. It is intended as information only and not advice, please make independent enquiry from a professional

Presently our Best Rate Conveyancing Deals partner's conveyancing services are restricted to residential property transactions in England and Wales.

With the vast majority of cases it is really not necessary for your property Conveyancer to see you personally. All of your property transfer issues can be dealt with by either by post, email or by telephone. Where your conveyance is based is therefore irrelevance with respect to your property transaction.

Your conveyancer, or members of the conveyancing team, will be available for you to speak to during normal working hours. Your Best Rate Conveyancing partner will be happy to answer any questions you have at any time.

The specialist licensed Conveyancers that Best Rate Conveyancing Deals have selected are extremely efficient property professionals. The difference between using a licensed Conveyancer or a Solicitor is that licensed Conveyancers only specialise in this area of law, whereas a solicitor usually practices in other areas as well; though it is true to say some solicitors also only specialise in property law, and some larger firms have departments especially dedicated to property law, and these departments are concerned and have extensive experience with conveyancing of properties. Solicitors are regulated by the Law Society. While Conveyancers are licensed by the Council for licensed conveyancers.

It is not unusual for leasehold conveyancing transactions to attract additional work for your Best Rate Conveyancing partner compared to a freehold conveyance. The extra work will include looking at the lease, liaising with the landlord for instance in obtaining, if necessary, any landlord's consents. Also it is important for the conveyancer or solicitor to study the obligations or covenants that are contained in the lease documents these are the promises that need to be observed by both the landlord and the lessee; these need to be studied extremely carefully by the conveyancer or solicitor.

Not all Best Rate Conveyancing Deals partners are exclusively online, however this does not really matter in any case. Also remember some estate agents might want to put you off because they receive a commission for referring you to a local conveyancer or solicitor, it is not by any means unusual to find this business relationship exists between estate agents, conveyancers, (and unsurprisingly to mortgage advisors as well!) . So it could just be a straight forward matter of the estate agent choosing to refer you to their preferred conveyance for a fee!

We are independent and have appointed conveyancers or solicitors as our chosen partners in order to provide a specialist, yet approachable service. Our aim is to select conveyancing partners who are able to provide a conveyancing service that puts you in a position to proceed to completion of your property transaction as swiftly and as problem and stress free as possible in . Our aim at Best Rate Conveyancing Deals is to find you an extremely competitive quote, great service and as hassle free experience as possible.