Conveyancing is the legal process of transferring property ownership from seller to buyer, and it’s one of the most important, yet least understood, parts of buying or selling a home. Here’s what actually happens behind the scenes.
What Conveyancing Actually Covers
Conveyancing encompasses all the legal work required to complete a property transaction, from the point an offer is accepted through to completion and beyond. It’s carried out either by a licensed conveyancer or a solicitor specialising in property law, and while both are qualified to do this work, a solicitor typically has broader legal training beyond property specifically.
Instructing Your Conveyancer Early Matters
It’s worth instructing a conveyancer as soon as an offer is accepted, rather than waiting, since the searches and checks involved in conveyancing often take the longest of any stage in the buying process. Many buyers get quotes from a few different firms before instructing one, since fees and service levels can vary, though it’s worth weighing genuine experience and responsiveness alongside cost, given how central this role is to the transaction going smoothly.
Carrying Out Property Searches
One of the core tasks a conveyancer performs is carrying out a set of property searches, checking for issues that wouldn’t be visible from simply viewing the property. These typically include a local authority search (covering planning history, road schemes, and any enforcement notices), an environmental search (checking for contamination or flood risk), and a water and drainage search (confirming how the property connects to mains services). Depending on the property and area, additional specialist searches, such as a mining search in former coalfield areas, may also be required.
Reviewing the Contract and Title
The conveyancer reviews the draft contract prepared by the seller’s solicitor, along with the property’s title documents, checking for anything that could affect the buyer’s ownership or use of the property, restrictive covenants, rights of way, boundary issues, or unresolved disputes, for example. For leasehold properties, this also includes a detailed review of the lease terms, including ground rent, service charge history, and remaining lease length.
Raising and Answering Enquiries
Once initial searches and contract review are complete, it’s standard for the buyer’s conveyancer to raise a series of enquiries with the seller’s solicitor, questions seeking clarification or further information about anything unclear or potentially concerning in the searches, title, or contract. Resolving these enquiries can take time, particularly if issues emerge that need to be investigated or addressed before proceeding, and this stage is often responsible for a significant chunk of the overall timeline.
Liaising With the Mortgage Lender
If the purchase involves a mortgage, the conveyancer also acts on behalf of the lender (unless the lender has entirely separate legal representation, which is less common for standard residential purchases), ensuring the lender’s specific requirements are met before funds are released. This includes confirming the property provides adequate security for the loan and that nothing uncovered during the searches poses a problem for the lender.
Managing Exchange of Contracts
Once all searches, enquiries, and mortgage arrangements are satisfactorily resolved, the conveyancer coordinates the exchange of contracts, the point at which the purchase becomes legally binding. This involves agreeing a completion date with the seller’s solicitor and ensuring the buyer’s deposit is ready to be transferred.
Handling Completion
On the completion date itself, the conveyancer transfers the purchase funds to the seller’s solicitor, receives confirmation the transaction has completed, and arranges for the keys to be released. After completion, the conveyancer also handles registering the change of ownership with the Land Registry and paying any Stamp Duty due on the buyer’s behalf.
What Can Cause Delays
Common sources of delay in conveyancing include slow responses from either side’s solicitor, issues uncovered in searches that require further investigation, problems with the property’s title or leasehold terms, and chains where multiple linked transactions all need to align on a single completion date. Choosing a responsive, experienced conveyancer, and providing requested information promptly, are the two things most within a buyer’s control to help keep the process moving.
The Bottom Line
Conveyancing covers considerably more than most buyers realise, from detailed searches and title checks through to coordinating exchange and completion. Understanding what’s actually happening during this stage, rather than simply waiting for updates, helps set realistic expectations for timing and makes it easier to spot when something might need chasing.