CONVEYANCING – what is it?
Simply put, it is the transfer of the ownership of land and buildings. However, this is not the same as transferring the ownership of say, a piece of furniture or a car. Land is always there, and in the course of time, many rights and obligations may have been created which will affect the land. Often these are not obvious on an inspection of the property, for example, someone may have a right to cross the land or occupy part of it or even have the right to enter upon the land to dig it up to lay drains or other services.
The public too may have rights or claims over the land, ie. there may be public footpaths or bridal paths. Planning Authorities or Highways Authorities may have schemes which affect the land, the environment of the land or the house you are thinking of buying.
There are always the obvious questions, such as:
Are there any Leases, Tenants, rights or restrictions?
does the seller have the right to sell the land?
does he own it?
does he have mortgages against it?
and will you buy it free of these?
These are only a few examples of the type of problems that can arise and it is your solicitor’s duty to discover if they exist.
Conveyancing is therefore the name that is given to the process of transferring ownership of land and property from one person to another
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