Editing Conveyancing (section)

== England and Wales ==
{{anchor|Messuage}}
In [[England and Wales]], conveyancing is usually done by a [[solicitor]] or a [[Licensed Conveyancer|licensed conveyancer]]; either may employ or supervise an unqualified [[conveyancer]]. What is being conveyed, or transferred, is a piece of land or property, that historically (especially in England) may or may not include the "'''messuage'''",<ref>[https://books.google.com/books?id=L0lMAQAAMAAJ&q=Is+the+word+messuage+still+used+in+England%3F&pg=PA321 Definition of messuage]-A Digest of the Laws of England Respecting Real Property, Volume 4, p 321 #42, Retrieved 2016-05-14</ref> that would be the principal dwelling, and might include an orchard, any outbuildings, and [[curtilage]]<ref>[https://babel.hathitrust.org/cgi/pt?id=wu.89066302472;view=1up;seq=58 example of messuage] {{Webarchive|url=https://web.archive.org/web/20170305003403/https://babel.hathitrust.org/cgi/pt?id=wu.89066302472;view=1up;seq=58 |date=5 March 2017 }}- p 35-36, Retrieved 2016-05-15</ref> if present.<ref name="Bouvier1870">{{cite book |last=Bouvier |first=John |title=A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union: With References to the Civil and Other Systems of Foreign Law |url=https://books.google.com/books?id=cfYUAAAAYAAJ&pg=PA176 |access-date=6 December 2012 |edition=Fourth |volume=II |year=1870 |publisher=G.W. Childs |location=Philadelphia |page=176 |orig-year=1st pub. 1839}}</ref><ref name="Sheets">''Sheets v. Selden's Lessee'', {{ussc|69|177|1864|pin=187}}</ref><ref>{{cite book |url=https://books.google.com/books?id=7SE2AQAAMAAJ&pg=PA250 |page=250 |title=Practical Conveyancing |author=Benjamin Lynde Oliver, R. Day |publisher=Glazier & Company |date= 1827}}</ref> The domestic conveyancing market is price competitive, with a high number of firms of solicitors and conveyancing companies offering a similar service. It is possible for someone to carry out their own conveyancing, but it is labour-intensive. If the transaction involves a mortgage, it is almost certain that the lender will insist that a solicitor is used for the conveyancing.{{cn|date=August 2022}}

It is a common myth that conveyancing has to be carried out by a local solicitor or conveyancer. This is no longer the case, with many conveyancers and solicitors conducting transactions from a distance using email and online technology.<ref>{{Cite web |url=http://www.thefirsttimebuyer.co.uk/do-i-have-to-use-a-local-solicitor-for-my-conveyancing/ |title=Do I have to use a local solicitor for my conveyancing |website=The First Time Buyer |date=2015-03-02 |access-date=2016-11-19|archive-date=2017-04-19 |archive-url=https://web.archive.org/web/20170419033841/http://www.thefirsttimebuyer.co.uk/do-i-have-to-use-a-local-solicitor-for-my-conveyancing/ |url-status=live}}</ref> However, the Law Society warns solicitors to be wary of clients instructing their firm with no geographic connection to them for risk of money laundering.<ref>{{Cite web |title=Warning signs of money laundering |url=https://www.lawsociety.org.uk/topics/anti-money-laundering/money-laundering-warning-signs |access-date=2023-05-08 |website=www.lawsociety.org.uk |language=en |archive-date=8 May 2023 |archive-url=https://web.archive.org/web/20230508230858/https://www.lawsociety.org.uk/topics/anti-money-laundering/money-laundering-warning-signs |url-status=live }}</ref>

There were approximately 5,357 firms operating in the conveyancing market in 2015, but this number has fallen from 5,871 the year before. The number of firms in the market is almost a third lower than the 7,779 firms recording transactions in 2005,<ref>Monidipa Fouzder (February 15, 2016) [http://www.lawgazette.co.uk/practice/conveyancers-no-room-for-complacency/5053622.article/ 'Conveyancers – ‘no room for complacency’] {{Webarchive |url=https://web.archive.org/web/20161206031254/https://www.lawgazette.co.uk/practice/conveyancers-no-room-for-complacency/5053622.article/ |date=6 December 2016 }} Law Society Gazette. Retrieved July 11, 2016.</ref> following a severe conveyancing shortage during the recession.<ref>Hayley Kirton (June 13, 2016)  [http://www.cityam.com/243163/why-conveyancing-is-where-its-at-for-legal-eagles-but-bad-luck-if-personal-injury-is-more-your-focus/ 'Why conveyancing is where it's at for legal eagles'] {{Webarchive |url=https://web.archive.org/web/20170305005157/http://www.cityam.com/243163/why-conveyancing-is-where-its-at-for-legal-eagles-but-bad-luck-if-personal-injury-is-more-your-focus/ |date=5 March 2017 }} City AM. Retrieved July 11, 2016.</ref>

Under [[English law]], agreements are not legally binding until contracts are exchanged. This affords both the advantage of freedom before contract, but also the disadvantage of wasted time and expense in the event the deal is not done.

The normal practice is for the buyer to negotiate an agreed price with the seller then organise a survey and have the solicitor (or conveyancer) carry out their searches and pre-contract enquiries. The seller's solicitor or conveyancer will prepare the draft contract to be approved by the buyer's solicitor. The seller's solicitor will also collect and prepare property information to be provided to the buyer's solicitors, in line with the [[Law Society]]'s [[National Protocol]] for domestic conveyancing. When undertaking property transactions, the conveyancer's role is to carry out due diligence by submitting queries – known as [[Conveyancing#Conveyancing searches|conveyancing searches]] – about the transacted property. These are designed to uncover factors the estate agent or surveyor may not know about, which could impact the buyer's enjoyment of the property.<ref>[http://hoa.org.uk/advice/guides-for-homeowners/i-am-buying/conveyancing-made-easy-for-buyers/ Conveyancing Process Explained for buyers] {{Webarchive|url=https://web.archive.org/web/20160913045722/http://hoa.org.uk/advice/guides-for-homeowners/i-am-buying/conveyancing-made-easy-for-buyers/ |date=13 September 2016 }} Home Owners Alliance.</ref>

It takes on average 10–12 weeks to complete a conveyancing transaction, but while some transactions are quicker, many take longer. The timescale is determined by a host of factors – legal, personal, social and financial. During this period prior to exchange of contracts (exchange being the point at which the transaction becomes legally binding) either party can pull out of the transaction at any time and for any reason, with no legal obligation to the other. This gives rise to a risk of [[gazump]]ing and its converse, [[gazundering]]. Conveyancing is a component of the [[cost of moving house in the United Kingdom]].

=== Conveyancing searches ===
The [[conveyancer]]’s role is to carry out [[due diligence]] by submitting queries – known as searches<ref>[https://qlaw.co.uk/conveyancing/what-property-searches-are-done-when-buying-a-house/ What Property Searches are done when Buying a House?] {{Webarchive |url=https://web.archive.org/web/20230810231539/https://qlaw.co.uk/conveyancing/what-property-searches-are-done-when-buying-a-house/ |date=2023-08-10 }} QLAW.</ref> – about the transacted property. These are designed to uncover factors that the [[estate agent]] or [[surveying|surveyor]] may not know about, which could impact the buyer’s enjoyment of the property. Conveyancing searches include: 
* [[Land Registry (United Kingdom)|Land Registry]] search – to confirm ownership and boundaries by checking the ‘title register’ and ‘title plan’.
* [[Local authority search]] – to reveal any charges or restrictions of use on the property.
* [[Regional water authority|Water authority]] search – to find out if any public drains on the property might affect extensions or building works. 
* [[Flood risk assessment|Flood risk]] search – to discover potential hazards from coastal, river or surface water flooding.
* [[Chancel repair liability]] search – to ensure there are no potential leftover medieval liabilities on the property to help pay for church repairs. 
* Environmental search – to provide information about [[contaminated land]], [[landfill]] sites, former and current industry, [[radon]] gas hazard, ground stability issues, and other related information at or around the property. 
* Optional and location specific searches – sometimes extra searches are required or recommended depending on the location or type of property or due to particular concerns raised by the buyer. These could include:
** [[Tin mining]] searches in [[Mining in Cornwall and Devon|Cornwall]].
** Mining searches in various parts of the UK.
** [[Salt in Cheshire|Cheshire brine]] searches.
** Additional local authority searches for potential issues such as: Pipelines, [[Noise control|noise abatement zones]], [[common land]], etc.<ref>{{Cite book|title=Conveyancing searches and enquiries|last1=Russell|first1=Hewitson|last2=Silverman|first2=Frances|date=2011|publisher=Jordan Pub|isbn=9781846612350|edition=4th|location=Bristol|oclc=644654265}}</ref>

=== Search providers ===
Local authority searches, according to the Law Society, are a ‘vital part of the conveyancing process and give buyers important information about matters affecting a property that is registered or recorded with the local authority.<ref>[http://www.lawsociety.org.uk/policy-campaigns/consultation-responses/enquiries-of-local-authorities-con29-and-con29o-consultation/  The CON 29 and CON 29O consultation] {{Webarchive|url=https://web.archive.org/web/20170306143503/http://www.lawsociety.org.uk/policy-campaigns/consultation-responses/enquiries-of-local-authorities-con29-and-con29o-consultation/ |date=2017-03-06 }} Law Society (June 23, 2016)</ref> However, over the years, delays with local authority searches <ref>Emma Tyrrell (Dec 7, 2002)  [https://www.theguardian.com/money/2002/dec/07/property.homebuying1  'Can't they get a move on'] {{Webarchive|url=https://web.archive.org/web/20160925001902/https://www.theguardian.com/money/2002/dec/07/property.homebuying1 |date=25 September 2016 }} Guardian. Retrieved July 11, 2016.</ref> have prompted [[lawyers]] to order a ‘personal’ search, carried out by a third party or a search provider, who visits the [[County council|council]] office and inspects and records the information kept by the local authority<ref>Rob Hailstone (June 4, 2014) [https://www.estateagenttoday.co.uk/875-conveyancing-personal-searches-vs-official-searches  'Conveyancing - Personal searches vs Official Searches'] Estate Agent Today. Retrieved July 11, 2016.</ref> on behalf of the conveyancer or solicitor.

Private search companies and ordering platforms have been integrating Land Registry's data to speed up the process of search ordering, improve accuracy and reduce the chances of [[human error]]. One example is the use of Land Registry's National Spatial Dataset<ref>{{cite web|url=https://www.gov.uk/guidance/national-polygon-service|title=National Polygon Service - GOV.UK|website=www.gov.uk|access-date=1 April 2018|archive-date=2 April 2018|archive-url=https://web.archive.org/web/20180402101220/https://www.gov.uk/guidance/national-polygon-service|url-status=live}}</ref> to display boundary maps on-screen using a live data link to help validate property locations.<ref>Ryan Bembridge (January 8, 2016) [http://www.mortgageintroducer.com/search-acumen-integrates-land-registry-data/#.V9vA94-cGuU/ 'Search provider integrates land registry data'] {{Webarchive|url=https://web.archive.org/web/20160917000222/http://www.mortgageintroducer.com/search-acumen-integrates-land-registry-data/#.V9vA94-cGuU/ |date=17 September 2016 }} Mortgage Introducer. Retrieved July 11, 2016.</ref>