What Does a Conveyancer Check?
Buying or selling a property involves far more than simply signing a contract and handing over the keys. A conveyancer plays an important role in making sure the legal side of the transaction is dealt with correctly and that there are no unexpected issues that could cause problems later.
But what exactly does a conveyancer check?
What Does a Conveyancer Do?
A conveyancer handles the legal work involved in transferring property from one owner to another. Whether you are buying your first home, moving to a new property or selling an investment, your conveyancer will carry out a range of checks and searches as part of the process.
The exact checks will depend on the property, its location and whether you are buying or selling but there are several important areas they will typically investigate.
You can find out more about the role of a Conveyancer here.
The Property's Title
One of the first things a conveyancer checks is the property's legal title.
The title documents provide important information about the property, including who legally owns it and whether there are any restrictions, rights or obligations affecting the property.
Your conveyancer will look for matters such as:
- The registered owner of the property
- Restrictions affecting how the property can be used
- Rights of way and other easements
- Covenants or other legal obligations
- Charges or mortgages registered against the property
- Any unusual matters that could affect ownership
This helps establish exactly what you are buying and whether there are any legal issues that need to be addressed before completion.
Planning and Building Regulations
If the property has been extended or altered, your conveyancer may check whether the relevant planning permissions and building regulation approvals are in place.
This can be particularly important for properties with:-
- Loft conversions
- Extensions
- Conservatories
- Garage conversions
- New windows or doors
- Structural alterations
If paperwork is missing, your conveyancer can advise you on the potential implications and what options may be available.
Local Authority Searches
Local authority searches can reveal information held by the council about the property and its surrounding area.
Depending on the property and the searches being carried out, this may include information about planning permissions, building regulations, conservation areas, road schemes and other matters that could affect the property.
Environmental issues
Environmental searches can provide information about potential risks affecting the property or surrounding land.
Depending on the search, this could include matters such as flood risk, contaminated land, ground stability and historical land use.
These checks can be particularly useful because some potential problems may not be obvious from simply viewing the property.
Water and drainage
A water and drainage search can provide information about the property's connection to public water and sewerage systems.
It can also identify the location of public sewers and water mains, which may be relevant if you are considering future building work or an extension.
Rights of Way and Access
Your conveyancer will check whether the property has rights of access over neighbouring land or whether other people have rights affecting your property.
For example, a neighbour may have a right to cross part of your land to access their property.
These rights can be legally important, so it is essential to understand them before you commit to buying.
Fixtures, Fittings and Boundaries
The legal paperwork should make clear what is included in the sale.
Your conveyancer will review the information provided by the seller regarding fixtures and fittings, helping establish whether items such as kitchen appliances, light fittings or garden structures are included.
They will also consider the information available about the property's boundaries and any issues raised by the seller or revealed through the legal documents.
Leasehold Properties
If you are buying a leasehold property, there are additional checks to carry out.
Your conveyancer will review the lease and consider matters such as:
- The length of the remaining lease
- Ground rent
- Service charges
- Restrictions on the property
- Repair and maintenance responsibilities
- Rights granted under the lease
- Requirements for obtaining consent for alterations
- Any planned major works or other relevant charges
Understanding the lease is particularly important because it sets out the legal relationship between you and the freeholder.
Enquiries
Your conveyancer will review the information supplied by the seller and raise enquiries where something is unclear or requires further investigation.
These enquiries can cover a wide range of issues, from alterations to the property and disputes with neighbours to guarantees, planning documents and other matters affecting the property.
The purpose is not simply to collect paperwork. It is to identify potential problems and make sure you understand the legal position before completing the purchase.
The Contract
Your conveyancer will review the contract and negotiate or raise queries where appropriate before you exchange contracts.
Once contracts are exchanged, the transaction becomes legally binding, so it is important that you understand what you are agreeing to before reaching this stage.
Why are Conveyancing Checks Important?
A property can look perfect when you view it, but some of the most important issues are not visible.
Conveyancing checks can help uncover legal restrictions, planning issues, rights of way, environmental concerns and other matters that could affect your ownership or future plans for the property.
Your conveyancer's role is to investigate these matters, explain anything that needs attention and help you make an informed decision before you become legally committed to the purchase.
How Long Do Conveyancing Checks Take?
The time required can vary considerably depending on the property and the complexity of the transaction. Straightforward transactions may progress relatively quickly, whilst leasehold properties, chains, missing documents or issues uncovered during searches can take longer.
How can we help?
Our team of dedicated residential conveyancing solicitors in Leicester can ensuring all of these checks take place and that the purchase is smooth, stress-free, and tailored to your circumstances.
Get in touch with our specialist conveyancing solicitors, by calling 0116 247 2000, complete our contact form, or send us an email via info@smithpartnership.co.uk.
We also have expert residential conveyancing solicitors at our offices across the midlands, in Burton, Derby, Stoke-On-Trent and Swadlincote.
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