Author: Ellie Jackson
Conveyancers are specialist lawyers who deal with property transactions. If you’re making a legal change to your property a conveyancer will deal with the legal process, but…
What does a conveyancer actually do?
Most commonly, conveyancers are associated with moving house but property transactions include any change to the legal title, including re-mortgages, transfers of equity and lease extensions.
The most obvious part of a conveyancer’s role is that they deal with the legal aspects of the transaction. Your conveyancer will obtain the deeds and documents which make up the legal title for the property and check these as required. Title deeds can often be complicated and contain archaic language which can be difficult to understand but they contain a wealth of information such as the legal definition of a property, evidence of ownership, tenure, restrictions, rights and covenants. Conveyancers investigate the title documentation to check that the information is legally adequate and as expected and then translate the jargon into plain English so that you are aware of what it all means for you. Your conveyancer will also deal with drafting and/or approving legal documentation required for the transaction to proceed effectively and with any appropriate provisions in place. Legal documentation can often look a little terrifying! Your conveyancer will make sure that everything is valid and correct before reporting to you with a full explanation of what the paperwork means. The end result of any conveyancing transaction is that the legal changes to the title will be recorded by His Majesty’s Land Registry. Your conveyancer needs to ensure that the transaction is recorded legally so that any changes can be made effectively.
Conveyancers also have obligations to carry out appropriate fraud prevention and compliance checks which involve ID verification, source of funds examination and carrying out any appropriate checks or raising enquiries on other parties involved in the transaction. Property fraud is a serious ongoing issue in the UK and it is imperative that the necessary investigations are made to ensure that the transaction is legal and valid. These checks are designed to make sure all transactions are bona fide and protect all parties involved.
Where there is a mortgage involved, your Conveyancer may also be instructed to act for the mortgage lender. This means that they must meet their criteria, which can be quite extensive. Each mortgage lender has strict individual criteria for conveyancing transactions in addition to any conditions specified in their instructions. Conveyancers are required to make the lender aware of any potential issues and resolve them as needed before any mortgage monies can be released. It is important to note that where a mortgage is involved, your conveyancer may be acting for your lender as well as for you.
The technical role of conveyancer is to ensure that the transaction proceeds legally and efficiently, but by far the most important part is that you instruct your conveyancer to act in your best interests. Property is not only a significant asset but is often the place you call home. Therefore, it is absolutely imperative that before any transaction completes you can feel assured that you have a comprehensive understanding of any matters affecting you or that may affect you in the future.
Moving house is commonly referred to as one of the most stressful life events and that is why it’s so important to find a conveyancer that you feel comfortable with and can trust.
Please note this article is provided for general information purposes only to clients and friends of Hayward Moon Limited. It is not intended to impart legal advice on any matter. Specialist advice should be taken in relation to specific circumstances. Whilst we endeavour to ensure that the information in this article is correct, no warranty, express or implied, is given as to its accuracy, and Hayward Moon Limited does not accept any liability for error or omission.
