Conveyancying - What is it?
Transferring the ownership of land is not like transferring the ownership of, for example, a piece of furniture or a car. Land is always there, and in the course of time many rights and obligations may be created in relation to it. These are often not evident on an inspection of the actual property. For example, someone may have a right to occupy a part of it; a neighbour may have a right to enter the property and dig up the drain in order to inspect or clean his drain. In addition to this the public too may have claims over the land upon which your property exists. This could be the case if for eample the are public footpaths across the property.
The Council could have rights in respect of, for example, Compulsory Acquisition or unpaid charges for making up the road. It could also be the case that the Planning Authority for the area or the Highway Agency are perhaphs considering schemes which would effect the environment of the house you are thinking of buying.
There is also the major question of whether the Seller actually owns the property which he is trying to sell to you and if he does own it does he own it soley and is he free to sell it? If he inherited the property, were the correct steps taken to transfer legal ownership to him; was the property the subject of Divorce Proceedings and are any of these matters still outstanding.
The matters listed above are very few of the snags which can arise during the conveyancing process. It is our duty as solicitors to investigate whether any of these or indeed other problems exist and advise you about them.
Conveyancying is the general term given to the process of transferring ownership of land from one person to another, the solicitors acting for the Seller and Buyer in this process are each obliged to safeguard their clients interest throughout the process.
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