What is Conveyancing? A Simple Guide for Home Buyers
Conveyancing is the legal process of transferring property ownership from one person to another. This plain English guide explains exactly what it involves and why you need it.
If you're buying or selling a home for the first time, you'll hear the word "conveyancing" a lot — but what is conveyancing, exactly? Put simply, it's the legal process of transferring ownership of a property from one person to another. This guide explains everything you need to know in plain English.
What is Conveyancing?
Conveyancing covers all the legal and administrative work involved in a property transaction. Whether you're buying, selling, or remortgaging, conveyancing ensures that the transfer of ownership (or the change in mortgage) is done correctly and legally.
The work includes checking the title deeds, carrying out property searches, reviewing the contract, exchanging contracts, and completing the transaction. It sounds complicated — but a good solicitor handles all of this for you.
Why Do You Need a Conveyancer?
In England and Wales, you are not legally required to use a solicitor or conveyancer — but it's almost always the right thing to do. Here's why:
Property is usually the largest purchase most people ever make. Getting it wrong can be extremely costly.
A conveyancer checks for issues with the title that could affect your ownership — such as boundary disputes, restrictive covenants, or planning enforcement notices.
Searches reveal problems that aren't visible on a viewing — like flood risk, planning applications nearby, or contaminated land.
Your mortgage lender will require a solicitor to act on their behalf as well.
Solicitor vs Licensed Conveyancer — What's the Difference?
You have two options when choosing someone to handle your conveyancing:
Solicitor — a qualified lawyer regulated by the Solicitors Regulation Authority (SRA). They can handle a wide range of legal matters and conveyancing.
Licensed conveyancer — a specialist in property law only, regulated by the Council for Licensed Conveyancers (CLC). They cannot advise on other legal matters but are often just as capable for standard transactions.
For most straightforward purchases and sales, either is perfectly suitable. If your situation is complicated — for example, a boundary dispute or a property with significant legal history — a solicitor may be preferable.
The Key Stages of Conveyancing
Here's what actually happens during the conveyancing process:
1. Instructing your conveyancer
Once your offer is accepted, you instruct a solicitor or conveyancer. They'll send you a client care letter setting out their fees and the terms of the engagement. You'll also need to complete identity checks (anti-money laundering rules require this).
2. Draft contract and title review
The seller's solicitor prepares a draft contract and sends over the title information — documents showing who owns the property and any rights or restrictions attached to it. Your solicitor reviews these carefully.
3. Searches
Your solicitor orders property searches to check for issues that wouldn't be visible at a viewing. The main ones are local authority, water and drainage, and environmental searches.
4. Enquiries
Your solicitor will raise enquiries — questions about the property — with the seller's solicitor. This might cover anything from planning permissions to boundaries to disputes with neighbours.
5. Mortgage offer
If you're buying with a mortgage, your lender issues a formal mortgage offer once they're satisfied with the valuation and your application.
6. Exchange of contracts
Once all enquiries are answered and both parties are ready, contracts are exchanged. At this point the sale becomes legally binding, the completion date is set, and you pay your deposit.
7. Completion
On completion day, the remaining funds are transferred and you receive the keys. You're now the legal owner of the property.
Find a Conveyancer Today
Understanding what conveyancing is makes the whole process much less daunting. The next step is finding the right solicitor for your transaction. EasyMuve compares regulated conveyancers across the UK so you can get the best quote quickly.
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