Legal Conveyancing | Transferring Ownership Of Property

Legal Conveyancing Is a Must to Complete the Formalities of Transferring Ownership of a Property

When ownership of a property changes, you require to go through a legal process of transferring the title from the old to the new owner, through a process known as conveyancing. This has to be carried out with a solicitor or authorized notary being present. The process requires particular attention to legal matters and can be quite expensive, where there are any complications in documentation or property records.

Legal conveyancing is best done through solicitors or lawyers who are specialized in dealing with property matters. Quite often, both the seller and the buyer appoint their own solicitors, so that the ownership is correctly transferred and will pass all tests of legality. This procedure is used not only for transfer of ownership, but also to transfer mortgages or loans. The process can go through three stages before the transfer, during the transfer and after the transfer.

property ownership transfer

During the first stage, the seller has to give all documents regarding the property and its title deed. This will have to list all occupiers of the property, the boundaries, any disputes and any fixtures on the property or expenses that need to be regularly incurred. The buyer can then make an offer and arrange for surveying the property. The buyer’s solicitor in any legal conveyancing has to search documents of all local authorities to ensure that all the details presented by the buyer are correct and detailed. The solicitor will look at any environmental matters that govern the property, any planning restrictions that affect the property, any orders for preservation of trees, any proposals for roads or other local planning decisions that can affect the property, even if it is in the future. During this stage it can also help to get information about adjoining properties, as this at times do affect the conditions of a property.

Choose a legal person to handle all your conveyancing that has the experience in handling these matters and has competently handled these matters for many other clients. They must be covered by indemnity insurance, which can be useful in case of disputes. The lawyer or solicitor must be someone that you can find it easy to get along with, as the process is quite lengthy and there will need to be a lot of interaction while the process is being completed. The firm or particular person handling your matters must be easy to approach and must be in the habit of returning calls or answering your inquiries promptly. There will be a cost in acquiring the services of a good conveyancer, and it is best if this is decided well in advance, so that you can factor it in to any transaction you are entering into with the seller.  Some firms may ask for an hourly rate, and this will require you to be careful with the time you require. A flat fee is always to be preferred, as then there is no ambiguity about your final cost. Always insist on proper references and testimonials, and it cannot be a bad idea to take the opinion of your own personal legal adviser, if you do have one.