A Photo of an old Conveyancing Deed

Conveyancing is a term used in everyday conversation when people buy and sell a property. 

People say my Conveyancing Solicitor, or my Conveyancer or simply my lawyer will carry out the Conveyancing. But, Conveyancing is a complex subject. It is difficult to fully grasp in one go.

So what is Conveyancing really all about then?

Conveyancing is the term which describes the legal and administrative process involved in transferring a property from one or more owners (“the Seller”) to another (“the Buyer”)

The Conveyancing process begins when an acceptable offer is made for a property.

The Conveyancing process then involves preparing a draft contract for sale, verifying ownership (legal title) and carrying out all relevant searches and enquiries to ensure that the legal title in the property is transferred without unexpected consequences.

If you already own a property and are changing your mortgage (Remortgaging), the same Conveyancing process is still largely followed

The final part of the Conveyancing Process is completed by a government Department known as the Land Registry which acknowledges transfer of ownership, removal and replacement of any mortgages (charges) and updates the official register of the property.

The Conveyancing process is still made of ancient rules and precedents, but was overhauled and modernised by the Law of Property Act in 1925.

One of my former colleagues, whilst he was training to be a Conveyancing Solicitor, had a boss who still referred to the 1925 Act as the “new Legislation”.

This 1925 Act still forms the basis of modern Conveyancing.

You may still come across, old deeds (Conveyances) such as the Conveyance in the photo shown above. Modern Conveyancing is word processed.

It is difficult to imagine modern Transfer Deeds, which have replaced Conveyances being framed and adorning someone’s wall as you sometimes see in older properties.

Later in this series “Conveyancing Unplugged: Your A-Z Road Map through the Conveyancing Maze” we will break down the various stages in  Conveyancing process, explain the different types of Searches and flesh out the common words and phrases (some might say “Conveyancing jargon”) you are likely to encounter when buying or selling your property

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