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.
what happens if a road is unadopted and we act for the seller as their solicitor
It depends very much on the circumstances. Why is the road not adopted? If it is intended to be adopted and is subject to a section 38 adoption agreement then as long as the title contains rights to use it and an obligation on the developer to maintain it until adoption then all you need do is supply a copy of the s38 agreement and perhaps (if a number of years have passed since the property was constructed) an explanation from the council and/or developer for the delay in the road being adopted.
If the road was intended to be adopted but there is no adoption agreement in place but the necessary rights are in place then it is what it is - the buyer (and his mortgagee) need to decide whether they want to proceed on the basis that they might be called upon in future to pay for any necessary repairs.
If the road was intended to be a private road then provided the property has the benefit of a right of way and there are arrangements in place for maintenance there is no problem. If there are rights but no maintenance provisions then again, the buyer and mortgagee need to make a decision - you cannot realistically contact all the frontagers and ask them to enter into covenants with each other though the buyer might want to think about trying to set up a management company with the other frontagers after completion - it's no small task and it won't be something every buyer will be happy to organise.
If the road is private and there are no rights to use it then you will need to provide absence of easement indemnity insurance supported by a statutory declaration confirming past use to support a future application by the buyer or his successor for a prescriptive easement. Of course a buyer isn't obliged to accept this but unless you can identify the owner of the road and have him grant an easement or your client has used the access for 20 years or more such that he can attempt to register a prescriptive easement then there's not much you can do.