Why Do I Need a Conveyancer?
A conveyancer, surprise surprise, is someone who is concerned with ‘conveyancing’. This essentially means the legal transfer of ‘title’ from one person to the other. For those still furrowing their brow and squinting at the computer, a ‘title’ is a legal term which refers to the ‘bundle’ of rights that come with property ownership. When you own a piece of property this has to be defined so that you know your precise rights – the bounds of your premises most likely for instance, as well as whether you can refuse entry, sublet, make alterations etc. This serves as your evidence of ownership, but also outlines the details of that ownership. It is distinct however from ‘possession’ which is a part of ownership but not on its own legally binding or descriptive. In some cases possession and title are transferred separately.
This is of course a highly complicated and difficult procedure and using a conveyancer – also known as a conveyancing solicitor – can help you greatly to make this process go smoothly and to ensure that the property is successfully and completely transferred to your name.
There is an increase recently in the number of people trying to do their own conveyancing, and it is certainly true that there is technically no reason why you cannot do your own conveyancing. However if you should try to, and you are not aware of all the facets and details surrounding your bundle of rights, then it can potentially lead to problems.
When you first hire a conveyancer, they will initially outline their term and conditions and what they will do on your behalf. The main thing they will do here is to coordinate the various parties involved in this transfer and that will mean corresponding between you and those parties.
From here you will then have to sign a ream of paper work, and conveyancers here will follow a very specific procedure to ensure that each document is correctly filled out and at the correct time. If you attempt to do this yourself, and if you should miss out some important documents, then you might find that you actually end up not fully owning your property in a legal sense – and this can of course lead to a range of problems if you find yourself facing other legal problems.
Your conveyancer will be able to flag up any potential problems which might crop up during the transactions. For instance if paperwork hasn’t been registered properly, if paperwork is missing, or if there is some kind of dispute regarding boundaries (in which case they may use land surveyors in order to help you more definitely define the bounds of your new home).
It is also important for all involved parties to be checked in case they are attempting to use property transaction as a cover for various crimes. Your solicitor can then run the checks necessary with each institution to ensure that the transaction is legal, and that you aren’t being taken for a ride. A great added benefit is also that conveyancers are insured against potential losses the transaction might incur which can help to make this a stress free process.