With the move from spring to summer looming, many people are either looking to buy a house or are in the process of buying one now.
Typically, spring is the most common period for buying a house, as most houses appear at their best and most typical following the rather hibernatory period homes go under in winter and before the summer holiday period.
This means that many prospective homeowners are looking for local solicitors who specialise in conveyancing services, or they are already actively working through the conveyancing process.
Unless you are paying entirely by cash, conveyancing is typically not a choice; many mortgage providers require it before they will allow you to purchase a house, and if you buy a home and find out there is a hidden infestation or planning violation, it is your responsibility to fix it.
Conveyancing, therefore, is a vital part of the buying process that filters all of the problems out and ensures that you know what you are doing before you buy.
However, to understand what it is and why it is so important, it is worth exploring the most common issues found through conveyancing, why they can be a legal headache, and what solicitors can do to help.
What Are The Biggest Legal Issues Found Through Conveyancing?
Ultimately, the first, most critical, and one of the most common concerns involves the ownership of the property itself.
Property ownership is complex, with legal ownership tied to various complex laws that have changed throughout the centuries to the point that even the Land Registry is not always clear about the true boundaries.
Boundary disputes over fences are increasingly common these days, and the best way to navigate this is with the help of a solicitor who knows the local area and local laws.
Can Conveyancing Reveal Hidden Restrictions For Your House?
Boundary disputes are one of the most common concerns found through conveyancing, but they are far from the only one.
The bigger issue is that some properties have restrictive covenants placed over them, which can limit how much work you can do on them.
Perhaps the most infamous of these is chancel repair liability, where houses built on old church land can sometimes owe money to the local church to fund repairs.
Since 2013, this information appears on Land Registry title deeds, which means that it can affect property sales or require you to buy liability insurance in case the church collects on its ancient debt.
Rather famously, this happened in 2003 as the Wallbank family were forced to pay out £350,000, including legal costs, from a case that dated back to 1994.
Can Conveyancing Searches Reveal Planning Issues?
Another issue that conveyancing searches often find is planning issues or planning violations.
These can be as simple as undisclosed extensions, which could limit the amount of room a homeowner has for permitted development.
However, they can also be significantly more troublesome, revealing undisclosed work or even extensions which violate building regulations, meaning that they are technically illegal and would need to be rectified or removed entirely.
As this is a considerable expense, it could lead to a drop in the asking price or even make it impossible to sell.