Please find answers to some common questions we receive regarding conveyancing matters. Click a question below to read the answer.
If your question is not here, please don’t hesitate to call one of our friendly Conveyancing advisers who will be more than happy to answer your questions.
- What is conveyancing?
- Do your conveyancing services apply to the whole of the UK?
- Will I need to go into the Conveyancers’ office to sign all relevant documentation?
- Will I be able to speak to my Conveyancer whenever I need to?
- How long does a normal conveyancing transaction take?
- Why is conveyancing for leasehold properties more expensive?
- Why should I use Conveyancing Quote Now?
- Will I need to visit the solicitor?
- Do I need to pay anything up front?
- What is a bankruptcy search?
- What is a bank transfer fee?
- What are office copies?
- What is a coal brine and mining search?
- What is a tin mining search?
- What is a Local search?
- What is local search indemnity insurance?
- What is an environmental search?
- What is an EPC?
- What properties are exempt from EPC?
- What is a Land Registry fee?
- What is a drainage/water search?
- What does leasehold mean?
- What is a lease?
- What is a mortgage deed?
- What is Stamp Duty?
- Can I withdraw from my property transaction?
- When is a survey not a survey?
- Can I rent my property out?
- When should I effect building and life insurance when purchasing a property?
- I don’t need to make a will do I because I have bought a house?
- Searches? Do I need them?
What is conveyancing?
Answer: This is the legal term given to the process of buying and selling property.
Do your conveyancing services apply to the whole of the UK?
Answer: No, we cannot convey properties in Scotland or Southern Ireland.
Will I need to go into the Conveyancers’ office to sign all relevant documentation?
Answer: No, all of the procedure can be done by e-mail and post.
Will I be able to speak to my Conveyancer whenever I need to?
Answer: Yes. Details of your personal conveyancer and their assistant will be given to you.
How long does a normal conveyancing transaction take?
Answer: There is no way of saying how long the transaction will take. It depends on many factors such if you are in a chain of transactions or how soon your mortgage is available. We will deal with your transaction as quickly as possible and keep you informed of progress.
Why is conveyancing for leasehold properties more expensive?
Answer: There is additional work involved when dealing with a leasehold property. The lease has to be checked which is usually a lengthy document, queries raised to ensure that the covenants and conditions have been observed. If it is a flat there will be a management company in existence and the accounts of this will need to be checked and enquiries raised to ensure it is operating efficiently and that all monies due have been paid by the Seller to the company and if not ensuring that money is paid up to date or the appropriate undertakings obtained.
Why should I use Conveyancing Quote Now?
Answer: My Estate Agents have advised us not to go with an online service, they have said it would delay my transaction and I would not receive a good service is this right?
Absolutely not. On line means that it will allow your transaction to proceed as speedily as possible. A dedicated conveyancer will be allocated for your transaction you will receive the best of services. Also the estate agent will recommend a solicitor this usually due to them receiving a large referral fee from that solicitor it will also increases your legal fees.
Will I need to visit the solicitor?
Answer: No if you do not whish to. The whole transaction can be done by e mail post and communication by telephone. In fact we deal with a lot of people in London as well as Manchester.
Do I need to pay anything up front?
Answer: The only monies to be paid up front are disbursements to do the appropriate searches which are required before contracts are exchanged. Disbursements are monies which once paid to us are paid on to a third party.
What is a bankruptcy search?
Answer: If you are having a mortgage to assist in the purchase of your property your lender will required a bankruptcy search against your name to make sure you have no bankruptcy orders or county court judgments against you.
What is a bank transfer fee?
Answer: The charges which we pay to the bank to transfer monies on completion of your transaction.
What are office copies?
Answer: These are an official copy of your legal title to your property registered at the Government Land Registry.
What is a coal and brine mining search?
Answer: This is a search done against your property to make sure there are no coal or salt mines under or near your property and that there has been no subsidence in the past affecting the property or any actions which has resulted in compensation being paid.
What is a tin mining search?
Answer: This is only carried out in certain areas of the country against properties where there has been tin mining in the past which may have affected the property you are buying.
What is a Local search?
Answer: A Local search is a search at the Local Authorities against the specific property you are buying. It shows such matters as if the roads are adopted, if there is extension to the property for which planning permission has been obtained and many other matters relevant to the property.
What is local search indemnity insurance?
Answer: This is an insurance policy which we can take out on your behalf if we do not obtain a local search whereby the insurance company agrees to indemnify you against losses which may occur in the future for defects which would have been revealed by the local search.
What is an environmental search?
Answer: This is the survey of land to establish whether it is likely to be contaminated due to waste use.
What is an EPC?
Answer: This is an Energy Performance Certificated performed by an assessor after a house visit to examine such things as loft insulation, boiler, hot water tank, radiators, double glazing etc. A single rating for the energy efficiency of the house is produced together with a recommended value of the potential for improvement.
What properties are exempt from EPC?
Answer: No properties are exempt from an Energy Performance Certificate.
What is a Land Registry fee?
Answer: This is the money paid to the Land Registry after the purchase of your property to register the property in your name at the Government Central Record.
Back to questions
What is a drainage/water search?
Answer: This search shows you in detail about your property and its drainage and water supply. It tells you about it water supply does it have its own or on the public water supply. It lets you know if it is attached the public sewers, if there is an affected water near by. Its an important search to have and we recommend it highly especially if your buying a new build property.
What does leasehold mean?
Answer: Leasehold title is where you do not own the land on which the property is built. It is leased for a period of years on certain terms and conditions.
What is a lease?
Answer: When the legal title to the property is leasehold this is the document which sets out the terms and conditions subject to which you will own the property. It will have numerous covenants between the lessor who owns the land and the lessee (the owner of property by lease).
What is a mortgage deed?
Answer: The document which acknowledges the debt to the Bank or Building Society who has lent you the money to assist in the purchase of the property.
What is Stamp Duty?
Answer: This is a Government tax paid to the Inland Revenue when you have purchased a property.
Can I withdraw from my property transaction?
Answer: Clients wish to withdraw from transactions for several reasons. Examples include due to an adverse survey, or a problem with the legal title to the property. Provided contracts have not been exchanged ie you have not entered into a legally binding commitment to sell or purchase a property you can normally withdraw at any time without incurring any of the other side’s fees.
Each transaction will depend on their own circumstances but at Conveyancing Solcitor UK we can advise you on your proposed course of action
When is a survey not a survey?
Answer: When it’s a valuation. Most lenders will obtain a valuation on a property to decide whether they will lend. The valuation will normally be their own benefit even though the client has paid for it.It is imperative that the client knows the condition of the structure ( both inside and outside ) including the workings of the Property before exchanging contracts irresepective of whether they are obtaining a mortgage or not.
At the very least the client should commission a Home Buyers report which in itself is not a full structural survey which will be for the benefit of the client and can usually be undertaken at the same time by the company instructed by the Lender to carry out the valuation which should result in saving costs. Conveyancing Solcitor UK can guide you on your various choices of survey
Can I rent my property out?
Answer: This will depend on the type of your mortgage you have but lenders should be notified at the outset.Beware that sometimes other consents will also be required if there are covenants or restrictions prohibiting this in the title deeds and provided any proposed Tenancy Agreement has been properly vetted by Conveyancing Solcitor UK and is acceptable to your lender
When should I effect building and life insurance when purchasing a property?
Answer: The normal rule is that risk in the property passes upon exchange of contracts (referred to above).Therefore upon exchange you have an insurable interest and that’s when building insurance for the property’s full reinstatement value must be taken out not on completion.
Similarly any new or existing life insurance which needs to be increased should also be placed on risk at exchange not completion because in the event of any purchaser dying their estate will still be liable to complete the purchase but the estate would not have the funds to purchase the property
I don’t need to make a will do I because I have bought a house?
Answer: Depending upon how your purchase deed has been drafted which will have been discussed with you at the outset by Conveyancing Solcitor UK it should not be assumed that the property will automatically pass to a spouse or partner Every person should make a will and review it regularly to take into account their personal and financial circumstances.
Property prices ,second homes and changed personal circumstances eg divorce may place people in unwary and unwanted traps. Conveyancing Solcitor UK will be happy to guide you through that process
Searches? Do I need them?
Answer: Definitely. Searches like surveys should not be seen as an unnecessary extra in the property purchase process. Searches are designed to flush out any problems or potential problems on what is to most people will be their most important and expensive purchase of their lives.
Generally searches are site specific and do not extend beyond the boundaries of the property. Here at Conveyancing Solcitor UK we have access to all necessary searches relevant to the area in which you are buying and which can extend beyond the immediate boundaries of the property if required.