Buying a new home is a major milestone. Understanding the legal steps involved, particularly how solicitors investigate a property’s legal title, can make the process far smoother and help avoid unexpected issues.
The conveyancing process typically takes around three to five months on average, although timescales can vary widely depending on property chains, mortgage arrangements, and the complexity of the legal work involved.
The Home Buying Process in England and Wales
Buying a home in England and Wales usually follows a straightforward sequence:
- Finding a property and making an offer
- Instructing a solicitor or conveyancer
- Arranging surveys and a mortgage valuation
- Exchanging contracts
- Completion
This article focuses on the role of the solicitor, particularly when investigating title and protecting your interests throughout the transaction.
Investigating the Legal Title
One of the most important parts of the conveyancing process is your solicitor’s investigation of the property’s legal title. This ensures that you are buying exactly what you believe you are buying, free from unexpected restrictions, liabilities, or legal issues.
Your solicitor will review the Land Registry title register and title plan, or, if the land is unregistered, the original title deeds. This investigation confirms:
- Ownership of the property
- Boundaries and extent of the land
- Rights of way and easements
- Restrictive covenants
- Any charges, restrictions, or notices affecting the property
Raising Enquiries with the Seller
Your solicitor will raise property‑specific enquiries with the seller’s solicitor to clarify important matters. These enquiries typically cover:
- Past or ongoing disputes
- Alterations or extensions
- Guarantees and warranties
- Compliance with planning permission and building regulations
Any issues raised must be resolved or explained satisfactorily before you proceed to exchange of contracts.
Property Searches
To enhance the investigation, searches are carried out to identify matters that may not be apparent from the title alone. Common searches include:
- Local authority searches
- Drainage and water searches
- Environmental searches
- Mining or location‑specific searches
These searches can reveal information such as planning decisions, road schemes, flood risk, environmental liabilities, or historic mining activity.
Mortgage Requirements
If you are purchasing with the assistance of a mortgage, your solicitor also acts for your lender. They must ensure the property meets the lender’s criteria and report any concerns that could affect the lender’s security.
Reporting to You Before Exchange
Once all investigations are complete, your solicitor will provide you with a detailed written report. This summarises the title, search results, replies to enquiries, and highlights any risks or points you should be aware of before committing to the purchase.
Timescales and Common Delays
The conveyancing process plays a crucial role in protecting you from legal and financial surprises and is a key factor in how long a transaction takes. Delays commonly arise due to:
- Slow search results
- Complex or defective titles
- Leasehold properties
- Delays in mortgage underwriting
- Issues involving third parties in a chain
How Buyers Can Help the Process
Most buyers find the process runs more smoothly when they:
- Respond promptly to solicitor and lender requests
- Organise finances early
- Choose a reputable conveyancer rather than the cheapest option
- Understand that delays often arise from third parties, not their own solicitor
For more information or tailored advice, please contact Rebecca Harper in our Conveyancing team at rebecca.harper@swinburnemaddison.co.uk or call 0191 384 2441.
If you’re looking for a quote to buy or sell your property, you can obtain one online by visiting our online conveyancing calculator tool.
