Selling, buying and building land and houses can be confusing and stressful, especially when things go wrong. Therefore to help to make it simple, this article aims to outline common claims that conveyancing solicitors deal with and how they can help you.

What is a conveyancing solicitor?

Conveyancing solicitors are an essential part of buying or selling a home. They help you through the legal process when the ownership of a home is transferred from a seller to a buyer, to make the process efficient and relieve stress. However sometimes problems occur and things can go wrong and this is where conveyancing negligence solicitors come in.

What are common claims that they deal with and what do they mean?

Planning and building regulations:

One common claim is around planning and building regulations, which are crucial when building or adding extensions, however failure to gain the correct building regulation certificates and planning permission certificates can cause massive setbacks and in worst cases cease all work. This also includes being sold property without being advised on any restrictions that come with the property, which constitutes negligence.

• Failing to ensure that building regulations certificates or planning permission are in place for existing extensions or other structures.
• Not advising on any planning restrictions that may affect the property

Titles and searches:

Another common claim is around titles and searches when buying or selling a property. This includes failing to investigate existing rights of way or easements in the properties titles or not checking the intended use of the property and permitting work that is outside of these set uses. 

• Failing to properly investigate the property’s title, such as missing existing rights of way or easements.
• Failing to carry out necessary property searches or enquiries, or failing to advise on the results.
• Not checking if the intended use of the property is permitted. 

Financial and procedural errors:

Furthermore, claims against financial and procedure errors in buying, selling and building processes can further slow down processes and cause unexpected delays or even loss from events such as the loss of deposit due to incomplete purchases. Others include failure to remove mortgages from the titles and also missed deadlines due to mishandling of mortgage related documents resulting in delays.

• Failing to complete a purchase, resulting in the loss of a deposit.
• Failing to remove a registered charge or mortgage from the title.
• Missed deadlines or incorrect handling of mortgage-related documents

Leasehold properties:

Lastly one of the main claims a conveyancing solicitor can help with the failure to disclose important terms and information on onerous grounds whilst agreeing on a lease leading to unaffordable rent for example. Another claim can be for the lack of establishment of length or terms in a lease which can cause costly negotiations.

• Failing to identify and advise on onerous ground rent clauses or other important terms in a lease.
• Not establishing the correct length and terms of a lease.

If you know that you could claim for any of these reasons, contact a conveyancing negligence solicitors or see this article for further questions on the topic of mortgage property transferal.