5:57 pm - Friday December 15, 2017

The Importance of Finding a Good Conveyancing Solicitor


Conveyancing describes the legal process of transferring property from one person or company to another. In England and Wales, a conveyancing solicitor manages all the legal aspects of buying and selling property. The task can also be completed by a fully licensed conveyancer, whose knowledge and expertise may not be as broad as that of a conveyancing solicitor.

Finding a good conveyancing solicitor is important for a number of reasons. The most obvious is that the process of buying or selling property is typically very expensive and time-consuming. A buyer may not recover from the mistake of purchasing a property that is overpriced, unfit for purpose or subject to unreasonable restrictions. Sellers rely on their conveyancing solicitors to ensure that all relevant charges, costs and transfers of capital are completed as expected.

Basic Duties 

A conveyancing solicitor is responsible for carrying out local searches, identifying all relevant land charges, researching and updating entries on the Land Registry, organising payment of Stamp Duty Land Tax (SDLT) and obtaining and distributing the Home Information Pack, which includes important information about a property. Since June 2007, sellers have been required by law to provide prospective buyers with the Home Information Pack.

Conveyancing solicitors ensure that all such tasks are completed on time and without error. Though buyers and sellers do not always find themselves in a position to appreciate the role of conveyancing solicitors, the process of buying and selling property is made all the easier for their involvement. Without conveyancing solicitors, buyers and sellers would have a considerable amount of work to complete to finalise property transfers. They would also be deprived of a level of legal protection that ensures potentially costly mistakes are avoided.

Searches 

In addition to providing Land Registry checks and updates, conveyancing solicitors hunt for legal rights and restrictions that may apply to a property. A conveyancing solicitor is well positioned to find easements, for example, which describes a legal right to use a property that does not belong to the individual or individuals using it. Easements are often created to establish access rights for neighbours, who may need to use the property or land in question to access their own homes. Laypeople can identify, read and understand express easements without much difficulty, but implied easements should always be examined by a solicitor. Easements can also govern how a property may not be used, even by the owner.

Negative easements are not as common as restrictive covenants, which determine what can and cannot be done to the land. A covenant is a legal promise that is attached to the land, thus a property buyer will be subject to its conditions. Identifying whether a restrictive covenant exists that prevents, for example, the property owner from replacing a certain type of roof material is another important task of conveyancing solicitors, who can also check planning restrictions and other such issues.

Professional conveyancing services such as those available at http://www.qualitysolicitors.com/ not only simplify the process of buying and selling property, they ensure that buyers and sellers receive an adequate level of legal protection.


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