Whether you're a layman looking to understand your own transaction or a lawyer needing assistance with a client's conveyancing our step by step sale and purchase guides will lead you through the process while our mini guides will break the whole thing into manageable chunks and give a deep insight into the key issues and stages. Leasehold, freehold, unregistered, registered – we've got it all covered.
Need help with a remortgage or transfer of equity / deed of gift? Our guides will walk you through the process and highlight some of the common pitfalls. Mortgages and transfers can be very simple procedures but complex issues can sometimes arise and mistakes are easily made. These guides will help you deal with them.
So you want to have a go at your own conveyancing? First you should read about the risks, then if you're still happy to proceed, our guides will take you through each stage of the process telling you what to look out for and helping you avoid falling into expensive traps. Our subscription service will give you access to all of the documents you should need for your conveyancing and we can even supply you with the Land Registry Official Copies you'll need. Our general guides will cover all the obstacles you are likely to face and offer a practical solution. Have a look at our sale and purchase guides too.
A big part of the conveyancing process is the conveyancing searches. This section tells you all about them. What they are, how and when to order them and how to interpret the results. Each search has its own guide and you'll see they are separated into Standard (should be done in every case), Regional (area specific) and Optional (not essential but often useful tools for the would be purchaser). All buyers should beware that when you buy a property, the law assumes that you have seen the information that would have been revealed by searches whether or not you have actually carried them out, so you buy the property subject to the results.
Using a conveyancer to handle your conveyancing will greatly reduce the risk to you and sometimes, particularly if you are taking out a new mortgage, you will have no choice but to instruct a conveyancer. The good news is it doesn't have to break the bank. Get a free, instant quote here. We can also help with quick easy quotes for other moving related services.
Are you looking for the documents you'll need for your conveyancing transaction? Or official copies of the title or other documents from Land Registry. We can help you. Follow the links below.
I have put an offer in on an empty house that is 7 years old, and we are first time buyers so should have been a quick sale.
Through documents sent to us by our solicitors we found out the house was a repossession. Our solicitors has found out that the house is still registered under the name of the man who built them and not the bank that repossessed them so we cant proceed as it is illegal.
The sellers of the house (the bank) are refusing to change the name over as they have sold the identical house next door without changing the name over.
Our solictior wont proceed without the name and the bank refuse to change it and now our solicitor and estate agent are being ignored by the seller.
We have paid a £500 reservation fee for the house so if we pull out of the sale we are stuck.
Any ideas?
It is only ever possible to answer these questions in general terms because of course without access to the files one doesn't have all the facts. When a property is purchased with a mortgage the lender will register a charge against the title. If the borrower then defaults on the mortgage the lender make take possession of and sell the property. This power arises under section 101of the Law of Property Act 1925. Where a lender sells in exercise of its power of sale the buyer (by virtue of s104(2) Law of Property Act 1925) need not be concerned as to whether the power of sale has in fact arisen. The purchaser from a lender selling in exercise of its power of sale takes the property free from any interest of the registered proprietor and any mortgage or charge created after the date of the lender's mortgage. The lender doesn't have to register itself as proprietor to sell and in practice it never would. It simply needs to execute form TR1 (or TP2 if it is selling the property off in lots such as plots on an estate) in favour of the buyer.
As I say the above is a generally commentary based on standard assumptions and there may facts peculiar to your case that materially affect the position