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Conveyancing Guide

Updated: Mar 24

There are several circumstances that can change the length of time a conveyancing transaction takes to complete, these circumstances include but not limited to the tenure (whether freehold or leasehold), information from other parties (such as search providers, management companies etc).

It is our belief that a standard transaction may take between 8 to 12 weeks from the time we are instructed to completion. Please take a note of steps involved in our Conveyancing Process in the flow chart.


Searches:

Searches are optional, unless you are having a mortgage in which case you will be required to have the two basic searches, i.e., local search and drainage search. In addition, you must also have a mining search if the property is located in a former mining area. These searches deal with the following:

Local Search: This is a search with the Local Authority. Information obtained includes some planning decisions, tree preservation orders, planning and building regulations, roads, drainage agreements and consents, road schemes, notices, orders, conservation areas, radon gas. Please note, the search only relates to the property being searched against. Matters which affect neighbouring properties are not disclosed. Please note that the Local Authority Search may not give information on developments within the area that may affect the property. If you are concerned about this issue, you can contact the Local Authority directly about plans for the area and any neighbouring Planning Permissions. You should also consider visually inspecting the area and if necessary and making enquiries.

Drainage Search: This search is carried out with the relevant Water Authority. Information obtained includes location of public sewers within boundaries of the property or its vicinity, whether foul water and surface drainage from property drain to a public sewer, whether any sewers or proposed sewers are adopted, location of public water mains and whether the property is connected, the basis of charging for sewerage and water supply to the property.

Mining Search: This search should be carried out with the Coal Authority when purchasing, mortgaging or a further advance takes place on a property when dealing with land in coal mining or brine affected areas. Information obtained includes the existence whether property is located where coal mining has taken or is likely to take place, the existence of underground coal workings and mine entries which may cause problems with subsidence, whether compensation for subsidence has been paid in the past or repairs carried out or any claim is current.

Below are various optional searches that we recommend you have:

Planning Searches: Homebuyers often overlook planning proposals that could change the surrounding area permanently, often at a substantial cost.

It reveals to homebuyers, potential construction activity and nuisance planning applications that could affect the enjoyment of the property. Altered views and loss of privacy can significantly reduce the value of some properties.

The report also identifies the new build development potential of the subject property. Exposed hidden value could make a home an even better investment.

Environmental search: This report details specific site history information identifying potentially contaminated land, current and historic uses, floodplain data, risk assessment. The land and property may be contaminated due to past activity on the land. If this was the case, then the owner of that land and property may become personally liable for the cost of decontamination. The property may be reduced in value due to the cost of decontamination. This search will reveal the extent of any contamination and what further action or investigations are needed.

Flood Report: This search examines whether the property is situated on or near land which may be susceptible to flooding. The purpose of this is to identify from available data whether there are current or potential flood risks which could result in your property flooding or adversely affect obtaining insurance.

Plan search Plus Residential Report: This report provides details of all planning applications made within 250m of the property since 1997, highlighting applications for future developments. Gives details of land-use policies, proposals and designations, and displays all telecoms masts and public rights of way within 250m. Additionally it provides neighbourhood data on topics such as schools, crime rates, insurance claims, population demographics, housing types and average prices. It also provides a summary of key local amenities.

Chancel Search: This search reveals Chancel repair liability benefiting many Parochial Church Council’s in England and Wales. The cost of repairing the chancel of a parish church is generally met by the parochial church council, other ecclesiastical bodies or educational establishments however in some rare instances, landowners are liable for the costs of such repair.

High Speed 2 (HS2): This is the High Speed line which is being constructed between North and South. The first phase is being constructed between Euston London Station and Birmingham and will be completed by 2026. The second phase to be completed in 2032/3 will have two lines. One is Birmingham – Manchester and the other is Birmingham – Leeds. The Birmingham – Leeds line will go through North West Leicestershire. The western part of greater Nottingham (station at Toton Sidings) and then follows the route of the M1 to Sheffield Meadowhall. Please refer to http://hs2.org.uk or http://highspeedrail.dft.gov.uk

Fracking Energy Developments: Fracking in particular and energy development generally are becoming of increasing importance.

Note: Please note, unless instructed by you specifically, we shall only request the basic searches, i.e. local search and drainage search (and Coal Mining Search if in relevant area).


Professionals Involved:

This section provides an overview of the conveyancing. It is best to understand, which professional has responsibility over certain tasks.

Estate Agents

Estate Agents are agents for the seller. Preferably, they act in the interest of the seller as they get paid by them. The Estate Agents should be approached if you wish to re-negotiate the purchase price and any agreements with regard to Fixtures and Fittings.

Please note that Estate Agents are not fully aware of your conveyancing transaction and they cannot offer legal advice.

Financial Advisers/Mortgage Brokers

These professionals help you choose a loan such as mortgage. They can also help you arrange any insurance policies you require and those required as a condition of your mortgage. They also do not have any knowledge of your conveyancing transaction and cannot offer legal advice.

Solicitors/Conveyancers

This is us, who conduct your conveyancing transaction and where applicable liaise with the above two professionals on your behalf. We may update them with the progress of the case. Our tasks amongst other things includes carrying out searches and complying with all of the conditions of the mortgage offer. We also examine the title deeds to ensure they contain all of the rights you need and that you are aware of any restrictions imposed on the property.

We do not conduct an inspection of the property. We will not arrange your survey, or any specialist reports mentioned in it. Where these are required you may wish to contact either your Independent Financial Advisor, Lender or Estate Agents. We will not conduct negotiations on price or Fixtures and Fittings, since this falls within the role of the Estate Agents if you do not wish to undertake such negotiations yourself.


Please Read our Conveyancing Flowchart to familiarise yourself with Key Stages.

Conveyancing Flowchart (for Sellers)

Conveyancing Flowchart (for Buyers)

Conveyancing Flowchart
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