August 7, 2023
You may already know the bureaucratic hurdles most property sellers and buyers face in the UK.  Discover the vital role that conveyance solicitors play in helping clients meet legal requirements when buying new property.  

What Does Conveyance Mean?

When real estate changes hands between buyers and sellers, a process known as “conveyance” occurs. This entails not just a change in the property’s formal owner but also in the individual who is now legally liable for the property. This is crucial to the finalisation of any real estate transaction.

Everything that must be done administratively and legally to transfer property ownership from the seller to the buyer is included in the deed. It’s the next step after a buyer makes an offer on a property and the seller accepts it.

Once the contracts have been signed, the funds have been transferred, the stamp duty has been paid, and the land registration has given a copy of the legal paperwork to the buyer’s counsel, the conveyance procedure is complete.

Check out our property law guide for more information.

Conveyance Solicitors

A qualified conveyance solicitor is a legal professional that handles the conveyance process on behalf of their clients. These experts usually study different legal fields even though they may specialise in conveyance.

If you’re writing a will while buying a home, this knowledge may help. All English and Welsh solicitors are registered with the Law Society and regulated by the SRA. The Law Society of Scotland holds Scottish attorneys, and the conveyance process differs from the rest of the UK.

What Are The Duties Of Conveyance Solicitors?

Conveyance solicitors oversee vital aspects of property transactions, including legal advice, ownership transfers, payment handling, registry options, and local council searches. Some of their ongoing tasks will involve:

  • Offering legal advice

The solicitor will research and advise you on legal matters. If you don’t understand certain aspects of a contract or want to be careful enough to avoid mistakes, it’s best to ask for legal advice before concluding the deal. To protect your rights, you might insert extra conditions on the contract of sale, such as those resulting from property searches.

  • Transferring title of ownership

Drawing out paperwork, such as Title of Ownership transfers, is one of the primary responsibilities of a solicitor. A “Contract of Sale” will be drawn up during a property sale. They will handle the deposit transfer to the seller’s attorney, the formal mortgage offer, and all conditions on your behalf.

  • Transfer of payment

Once your offer on a property has been accepted, the deal is said to be “sale agreed”. You will then need to pay a booking deposit to the estate agency before they forward the sale information to your solicitor and the seller’s solicitor. Your attorney will then handle the property deposit. On the closing date, you and your lawyer will have finalised all financial and legal obligations related to the sale.

  • Working out the best option for clients

When handling the paperwork involved in buying or selling property, you can use either the Registry of Deeds or the Land Registry. Your lawyer will research and determine which option is best for you.

  • Helping with local council searches

The seller of a home or other property must disclose any material problems in it to the buyer before the sale is finalised. 

CTA

Want More Advice On A Career in Law?

Sign up for our flagship Aspire conference for vital information and tips

Book Now

What Steps Are Involved In Conveyance?

Before finalising the transaction, solicitors are expected to do various checks to ensure that the buyer will not suffer any loss or harm after the deal is done. To do this efficiently, the solicitor has to follow specific procedures or steps. Here are the major ones.

Verification of Identities

A solicitor first verifies the identities of everyone engaged in the sale, whether the seller or the buyer. Official identification checks, such as residency and driver’s licenses, birth certificates, etc., can do this.

Drafting of the Contract

A solicitor representing the seller drafts a contract once the parties agree to buy. To verify the seller’s right to sell, all title and governmental documents are accessible.

Performing Searches

Your instructing attorneys must do or arrange for several checks before the contract may be finalised. This includes things like searches and surveys, both of which can have a significant impact on how much a piece of land is worth. Through thorough investigations, boundary disputes, planning restrictions, and illegal additions or alterations can all be uncovered.

Some of these searches include:

  • Local registry searches
  • Local authority searches
  • Water authority searches
  • Environmental searches

Typically, the buyer and the seller may engage their solicitors to sell a property. The seller’s solicitor is usually responsible for the following:

  • Offering a guarantee that the seller’s mortgage will be paid off after the sale (if applicable).
  • Describes the last payment amount needed to close the deal in a completion statement.

On the other hand, the buyer’s solicitor:

  • Files a claim with the Land Registry to start transferring the title.
  • Sends the client a completion statement with the final costs (including the solicitor’s fee, search charge, land registry fee, and any outstanding amount on the property).

Conveyance Solicitor Salaries

Conveyancing advisor salaries vary with expertise.

  • Advisors who are newly trained or undergoing training may earn £17,000–£25,000.
  • An experienced conveyancing advisor can earn £25,000–£40,000. Self-employed conveyancing advisors choose their own wage rates. 

Meanwhile, location, sector, practice area, company size, abilities, and experience affect pay. Commerce and industry pay more than family and personal injury legislation. You may advance faster and be given more responsibility outside of London and in smaller organizations, but you may earn less.

Final Thoughts

Buying or selling a home is one of the most significant financial transactions most people will ever make, so it’s essential to do it properly. A conveyance lawyer can help you avoid potential legal pitfalls and other concerns that might cost you a lot of money. They are an indispensable tool that can help you save time and money during the stressful process of buying new property.

Loading

Loading More Content