Conveyancing is one thing that the majority of us will find ourselves interested in at some point in our lives, but what is it? Conveyancing is the operation of switching legal possession of (or conveying) land from one individual to another.
Why is Conveyancing So Complicated?
A question people often ask is, how come I could purchase a luxury automobile or a piece of jewellery, which could cost as much if not more than a house, without requiring a lawyer or even having to sign anything, but I can’t do the same with a house? The answer is that land is considered much more important than any other possession and as such a whole body of law developed to deal with land ownership and the conveyancing process.
Unlike a car or a piece of jewellery, the land you own can affect other people. Others may have rights in it, such as a tenant’s right to occupy or a neighbour’s right of way. It can generate income both for the land owner and for those who have rights in it. Due to the importance of land there have been many laws made to protect people’s interests and many disputes resolved in the courts. As a result there are many things to consider when buying land that don’t arise when buying any other possession. The purpose of the conveyancing process is therefore to ensure that the buyer is aware of any interests or other matters that affect the land and that all valid interests are protected.
Do You Need Special Qualifications In Order To Offer Conveyancing Services?
Only a qualified solicitor, licenced conveyancer or barrister is allowed by law to provide conveyancing services in return for money. If an unqualified person carries out activities such as drafting a contract or transfer deed or making an application for registration (these are known as “reserved legal activities”) for a reward then under the Legal Services Act 2007 they are committing an offence, one punishable with a hefty fine (and even a conviction and term of imprisonment).
Is DIY Conveyancing Possible?
There is nothing illegal about DIY conveyancing so technically the answer is yes, though there are some obstacles. First, if you are buying a property and you are obtaining a mortgage the lender will insist that a solicitor is appointed to act for them at your expense. Conveyancing fees can easily spiral under these circumstances.
In conveyancing, when a solicitor acts for a purchaser he usually also acts for the mortgage lender for no extra fee so, although you could act for yourself while the conveyancing solicitor acts for your lender, you probably wouldn’t save any money or for that matter gain any other advantage.
Secondly, conveyancing is, contrary to what some might say, more than just a form filling exercise. It is true that much of the work is administrative but a knowledge of the law is required to ensure that there are no defects with the title which might cause problems for the purchaser in future. Any problems that do exist may not be immediately apparent and may not not come to light until the owner comes to sell the property on. As well as giving the benefit of legal knowledge and experience, instructing a conveyancing lawyer means that if he makes a mistake, you can recover your losses from his insurance – a comfort you don’t have if you do the work yourself.
How Long Will the Conveyancing Take?
Unfortunately there is no definitive answer to that. Several factors have to be considered when putting a time-frame to the conveyancing process such as how complex the transaction is, if there is a chain, what position the other elements are in relative to your own and of course the efficiency of your conveyancing solicitor! A ballpark figure however would be 6 – 8 weeks for a freehold transaction or 8 – 12 weeks for a leasehold transaction.