Conveyancing is a process that ensures that buyers are able to buy land or property securely. Engaging the services of a conveyancing solicitor can help the process go smoother and faster. Again, their experience helps you avoid certain pitfalls that could slow down or complicate the process. It is wise to be aware of some of the potential pitfalls in conveyancing. This way you are able to make an informed decision.
Title and Land Problems
One of the roles of the solicitor is to check whether the title is actually there and correct. This should be done before any transfers can take place. There are instances where the title may be missing. Another potential problem is if the measurements of the land or house being sold are different from those in the title. There could also be an inconsistency in the names of the former owner. Title and land issues can result in long legal battles, which are an added cost. The conveyancer will look into these issues and advice the client on the way forward.
The conveyancer initiates a search with the Land registry and land charges departments. This search will reveal if the property in question is registered. The search will also show if the property being sold is subject to bankruptcy restrictions. If bankruptcy proceedings have begun, creditors will have a claim against the property.
There are certain structures that may not have received approval by the council. Some of these may include, structures attached to the property. The conveyancer's duty is to check with the council whether approval was given. In the contract, the solicitor may negotiate for a lower price to cover for the cost of pursuing council approval. These additional structures need to be addressed when buying the property. Failure to do so may lead to legal issues in future, especially when you are trying to sell the property.
Damaged property or Missing Items
This is one of the problems that most people overlook. The conveyancer should indicate what items should remain once the home is sold. This is because, often, people take things like washing lines, blinds, inbuilt coffee machines and dishwashers. If you notice things missing and yet they are included in the contract, you need to notify the conveyancer. As a buyer, you need to get what rightly belongs to you, and receive compensation for any missing or damaged items.
These are just a few of the pitfalls. As a buyer, you may not foresee some of these potential problems, and that is why you need a conveyancing solicitor.