As the UK marks National Conveyancing Month in March, it is a timely opportunity to highlight the vital role conveyancers play in buying and selling property. Purchasing or selling a home in England and Wales involves far more than agreeing on a price and collecting keys.
A conveyancer plays a central role in ensuring the transaction is legally sound, properly documented and completed without unnecessary risk or delay. From conducting legal checks and managing contracts to handling funds and registering ownership, your conveyancer protects your interests at every stage of the process.
Purchasing or selling a property in England and Wales can appear deceptively straightforward from the outside but in reality a significant amount of legal and administrative work takes place behind the scenes.
Carrying out legal checks and due diligence.
One of the most important parts of a conveyancer’s role is investigating the property and its legal status. For buyers this involves conducting a series of searches and checks to identify any issues that may affect the property’s value, use or future saleability. These typically include;
- Local Authority search which will reveal planning permissions, building regulations, proposed road schemes and enforcement notices.
- Environmental searches which highlight risks such as flooding, subsidence or contaminated land.
- Water and Drainage search which confirms whether the property is connected to mains services and who is responsible for drainage.
Your conveyancer will also review title documents held by HM Land Registry to confirm ownership, boundaries, rights of access and any restrictions or covenants affecting the property.
Managing contracts and legal documentation
Conveyancers are responsible for drafting, reviewing and negotiating the contract for sale. This ensures that the legal documentation correctly reflects the parties’ agreement and that appropriate protections are in place.
For buyers, this means checking the contract accurately describes the property, the purchase price and any special conditions and for the seller, this means ensuring obligations are clear and achievable. Once both parties are satisfied, the conveyancer handles the exchange of contracts which deems the property transaction legally binding.
Handling money and financial arrangements
Property transactions involve significant sums of money and conveyancers play a key role in ensuring they are managed safely and correctly. They liaise with mortgage lenders, review mortgage offers and ensure that funds are available when required.
A conveyancer will also calculate Stamp Duty Land Tax, arrange payment to HM Revenue and Customs and on completion day receive and transfer completion funds between parties and redeem any outstanding mortgages.
Completion and registration
Completion is the final legal stage and your conveyancer oversees the release of funds, confirms completion and ensures the keys are handed over to the buyer. After completion, the conveyancer registers the change of ownership with HM Land Registry and ensures the mortgage is properly recorded. This step is essential because the legal ownership is not fully updated until registration is complete.
Acting as the central point of contact
A conveyancer coordinates communication among all parties involved including buyers, sellers, estate agents, mortgage lenders and other solicitors and conveyancers in the chain.
Why instruct a Conveyancer?
A conveyancer will identify risks, protect your legal position and guide you through a process that can otherwise be stressful and confusing. Whether you are buying your first home or selling an existing property, professional legal advice will help avoid delays, unexpected costs and legal complications. Instructing a conveyancer at an early stage is vital to understanding the process and obtain advice tailored to your own circumstances.
To instruct and talk to a conveyancer, please contact Deborah Bufton at deborah.bufton@mfgsolicitors.com or call 01584 873156.