The legal process, in which certain legal steps need to be carried out by property buyers before they can move into the newly purchased property, is referred to as the legal process of moving home.

It can take around six to eight weeks for the legal formalities involved in the process of moving home, after which the buyer of a property can finally move in.

An experienced conveyancing solicitor must also be hired during this process due to the legal conveyancing transactions involved.

When purchasing a property, buyers usually begin by agreeing to the price with the property seller if it is feasible for them. This is the time when the conveyancing solicitor has to be instructed as a part of the legal process of moving home and to act on their behalf.

Proof of address and identification has to be provided to the conveyancing solicitor too.

In order to cover initial expenditures, a cheque is also requested by the conveyancer.  An instruction form is eventually sent back to the property buyer that has to be filled in and returned.

Whether a property is being purchased or re-mortgaged, the title of the property is also checked by the conveyancing lawyer. In many cases, the conveyancer might even need to take a look at the title deeds. Whether or not the property conforms to the building and planning regulation requirements is also checked by them. They might even ask to take a look at copies of any building work or extension documents too.

Apart from Local Authority Searches, other searches, such as drainage searches, chancel repair searches and environmental searches are also carried out by them during the legal process of moving home.

A Property Information Form and a Fixtures and Fittings Form also have to be filled in by property sellers so respectively important details and information about the property become known.

Before contracts are exchanged, any applicable enquiries are answered and resolved. These enquiries usually need to be answered after the information forms are received, and the searches have been performed.

The next and very important step in the legal process of moving house is the exchange of contracts. A deposit of 10% of the purchase price of the property has to be made by the property buyer at this point. The contracts are then exchanged and both the buyer, as well as the seller, agree on a completion date.

The process of moving home is completed once the entire purchased price is transferred by the buyer’s solicitor to the seller’s solicitor, and all the keys to the property can then be collected by the buyer. The ownership of property is then registered by the buyer’s conveyancing solicitor, and the buyer is officially recognized as the new owner of the property.

Finally, they can legally move into the property they have purchased and all the important legal documents are sent to them for safekeeping.

When a property is being purchased, the legal process of moving home is quite a critical process and by hiring the right conveyancer, property buyers can ensure that they have a comfortable move in.

Legal documents that serve as proof of ownership of a real estate property are known as house deeds.

House deeds are also needed when a house or a property needs to be transferred from the owner to another individual.

Firstly, the real estate property that is involved is thoroughly described in the deed. The respective party or parties who own the property are also named in the house deeds.

If a property is being transferred to someone else, the receiver’s name is specified in the deed instead and the current owner has to sign the deed as well. Once the property is transferred to the individual, whose name is specified in the house deeds, they become the new owner of the property.

While there are several types of house deeds, the  following are the most common:

Grant Deed

A deed that is used for transferring the ownership of a property, while ensuring that the current owner of the property is the original owner.

Quitclaim Deed

Depending on the rights that the current owner has on a property, a deed that is used for transferring all the ownership rights to another party. Typically, when the property owners are unsure exactly what their rights are, they use quitclaim deeds to transfer the rights.

Warranty Deed

House deeds that are not only used for transferring a property, but also serve as an assurance to the receiving party that the property is free of claims of ownership and liens. If a property is transferred using such a deed and the promises made by the previous property owner turn out to be untruthful, then the buyer has to be compensated by them.

House deeds also play a role when a buyer wants to purchase a property jointly with someone else. A property can be jointly purchased with someone in three ways, and each of those choices has its own notable effects. How the property will be taken in such a situation has to be specified in the house  deed, regardless of which form of a deed is being used.

A house also needs to be filed, notarized and often even witnessed, as required by the state laws. A deed can be notarized from a notary, and the witness should be present as well. A deed can be filed with a local land records office.

There are also certain types of house deeds where the property is not really transferred and so they are not really recognized as deeds.

Contract for Deed

The title of the property is transferred back to the owner once they pay off their debts.

Trust Deed

A deed that is actually a mortgage where the title to a property is transferred to a trustee so that it can be held as security for a loan. The title is transferred back to the borrower once they pay off the loan.

Those are some typical and rare forms of house deeds that are often used when a property needs to be transferred. House deeds are an important piece of document and should be stored in a safe place.

Conveyancing, in Commonwealth countries, and as defined by the law, refers to the legal transfer of title of property from one person to another, or the granting of an encumbrance, as in mortgages or liens.

Conveyancing can also apply to the movement of bulk commodities or products such as gas, electricity, water and such.

A typical conveyancing transaction consists of two stages, the exchange of contracts (equitable title passes) and completion (legal title passes). In the case of real estate, a buyer should ensure that the seller has verifiable title to the property and all the rights thereof, also has the right to sell and that no other factor exists to impede a mortgage or resale. 

The purchase of a real property, be it a home or an residential or commercial investment, is a huge commitment and thereby the process of acquiring such property should never be taken lightly. The conveyancing process is an extremely critical element of the entire process. Not performed diligently amd the consequences can be dire and disadvantageous.

In the U.K. and Wales, the task of conveyancing is usually performed by a licensed conveyancer, a solicitor or a fellow of the Institute of Legal Executives which is governed by the Council for Licensed Conveyancers. Services offered include Residential Conveyancing, Probates and Wills.

A licensed conveyancer can perform a wide range of legal work relating to property or business and may act as legal advisers on price negotiating, preparing contracts and other related documents, along with explaining the implications.

Under English and Welsh law tenets, agreements are not legally binding until contracts are exchanged. Buyers start by negotiating an agreed price with sellers, then the conveyanver or solicitor performs pre contract enquiries. The seller’s conveyancer or solicitor subsequently prepares the draft contract to be approved by the buyer and his/her conveyancer or solicitor. One of the tasks performed during conveyancing is to collect and prepare relevant property information to be provided to the buyer’s solicitor under the guidelines of the Law Society’s National Protocol for domestic conveyancing.

The average time to complete a conveyancing transaction is usually between ten to twelve weeks, but while some transactions are quicker, many can go beyond twelve weeks. The time scale depends on a host of different factors that may include personal, social, financial or legal issues.

The Legal Services Act, which was originally supposed to be introduced in October 2011 but very possibly delayed for several more months, enables non-lawyers to own law firms and rightfully raises the issue of client confidentiality and what type of information can be provided to non related third parties. Conveyancing is a highly process driven endeavour and therefore perceived as being more easily managed by non-lawyers. Recent trends of these panel organisations indicate that they merely just pass along the information to solicitors who actually carry out the work and then earn a fee on the conveyancing transactions.

For the price, do you feel comfortable releasing personal and private information to third parties or just go directly to a solicitor who has your best interests at heart and can also give you legal advice about other matters that may or may not be related to your transaction regarding conveyancing?