FAQ
WHAT IS A LICENSED CONVEYANCER?
For many years all conveyancing transactions in Britain were overseen by a Solicitor. In 1985 the Government passed legislation removing the monopoly from Solicitors. Licensed Conveyancers were introduced as a means of undertaking the process and founder Jim was one of the first in the country to obtain the new qualification.
A Licensed Conveyancer is someone who is trained and qualified in all aspects of the law dealing with property. Once qualified a Licensed Conveyancer can act for buyers, sellers and lenders in exactly the same way as a Solicitor. All Licensed Conveyancers have to undergo a rigorous examination by the Council for Licensed Conveyancers before they are allowed to practice as a Licensed Conveyancer, and the Council enforces a rigid code of conduct.
The Council for Licensed Conveyancers deal with the regulation of all professionals working as Licensed Conveyancers as well as dealing with complaints procedures and Professional Indemnity Insurance (protecting the customer against loss in the event of the Licensed Conveyancer being negligent when carrying out the conveyancing). The Council also manage a Compensation Fund protecting the customer against loss in the event that the Licensed Conveyancer fails to act properly, is dishonest or fraudulent
A renewal application is necessary every year and, should we fail to meet the stringent requirements imposed by the Council for Licensed Conveyancers we would be given a licence to practice.
Our registration details with the Council of Licensed Conveyancers are as follows:
For more information on the Council of Licensed Conveyancers and their role click here.
HOW LONG DOES IT TAKE?
This depends on a number of factors, and unfortunately most of them are not entirely within our control. A standard transaction, with no unforeseen complications or delays arising, should normally take around 6 to 8 weeks. That isn't though to say that the process can't be completed sooner if all parties are committed to achieving a quick completion. When delays do occur, you can rest assured that our staff and procedures enable you to achieve Completion as quickly as possible. We cannot though provide any guarantee at the outset that everything will be in place to complete by any particular date and advise you to be very wary of anyone who thinks they can.
Common causes of delay can be:
Length of the chain involved – a delay at one point in the chain will delay everyone else
Other Lawyers taking a long time to be instructed, issue Contracts or provide replies
A Delay in the Mortgage process, perhaps because a reference required by the lender from a third party is not immediately forthcoming, or because the mortgage lender is unusually bus
Mortgage offer issued with unforeseen conditions
Searches taking a long time
Searches or enquiries revealing something unexpected which perhaps take longer to deal with than expected
Someone else in the chain not wanting to proceed as quickly as the others.
WHAT ARE SEARCHES?
Searches are enquiries submitted to various authorities which provide you with more information about the property you intend on purchasing. They provide crucial information relating to the property which might not well be visible on your own inspection, for example whether or not the road serving it is a publicly adopted highway, whether there are any mineshafts in the immediate vicinity, whether it is subject to any planning enforcement notices etc.
If you are buying subject to mortgage, then undertaking searches and a requirement to ensuring that no issues are revealed is a condition of the mortgage. If you are buying without mortgage, you can, should you so wish, proceed without undertaking searches.
We will assess the location of the property and advise on the searches necessary. These will often be:
Local Authority Search
This search provides information relating to the property that you are buying. It does not cover the surrounding area. It will show:
A list of relevant entries in the Local Charges Register
Information on planning applications relevant to the property (granted or refused
Building control history
Any enforcement action
Restrictions on permitted development
Nearby road schemes
Contaminated land
Radon gas information
Drainage Search
This will reveal if there are any public sewers within the boundaries of the property, or nearby, which could affect future development or building work. It will show if the property is connected to mains water and drainage, whether the sewers are adopted, and also the location of public water mains.
Mining Search
This search will identify whether your property is in an area where coal or brine mining has occurred or is likely to take place. In addition, it will reveal the existence of underground coal/brine workings, mine entries that may cause subsidence, whether compensation for subsidence has been paid in the past or repairs carried out, and if there are any outstanding claims.
What happens if a search result raises an issue? - Firstly, don't panic! We will look at the issue raised and, where necessary obtain any further information from the Seller we think is required. Once we have all of the information, we will discuss the problem with you. Most problems which arise can be dealt with easily, and we will discuss the various options available to you. If it can’t we will advise you on the best way forward.