Conveyancing is the legal process involved in the transfer of ownership of land and property between on one person to another, or the granting of an interest i.e. encumbrance in land such as a mortgage or a right of way.
Individuals will typically instruct a conveyancing solicitor, chartered legal executive or a conveyancer to undertake this work for them when they buy and sell property.
The usual conveyancing transaction contains two distinct steps:
- The ‘exchange of contracts’, whereby the parties are contracted into proceeding, with legal penalties if they withdraw; and
- ‘Completion’, whereby legal ownership/title transfers.
Overall there are three separate stages to a conveyancing transaction: pre-exchange, pre-completion and post-completion.
It is essential that pre-exchange, the buyer ensures that they will obtain a good and marketable 'title' to the land; i.e. that the seller is the owner and has the right to sell the property, that there are no defects in the seller’s title deeds and that there are no factors that might prevent a mortgage or subsequent re-sale. To ensure that takes place, the buyer will invariably consult a conveyancer.
Conveyancers will either be solicitors, chartered legal executives or licensed conveyancers. The quality, and often the qualification, of the conveyancer will directly influence the speed of the transaction, whether title defects are missed and whether the buyer has trouble on a re-sale.
At Trethowans, we only have legally qualified conveyancers handling transactions for our clients. You are guaranteed to have either a conveyancing solicitor or a chartered legal executive handling your conveyancing transaction. Not only does this ensure that your conveyance is handled professionally by a legally qualified individual, but it also means that we are in a position to advise you on other areas of the law that your conveyancing transaction may effect, such as Wills, trusts, probate, family, disputes, agriculture and employment.