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In Legal terms conveyancing is the transfer of legal title of property from one person to another, or the granting of an encumbrance such as a mortgage.

A Conveyancing transaction contains two major parts, the exchange of contracts (This is where equitable title passes) and the completion (This is when legal title passes)

Conveyancing has 3 stages to it; before contract, before completion and after completion.

It is essential that a buyer of real property ensures that they obtain a good and marketable ‘title’ to the land and that the seller is in fact the owner and has the right to sell the property. That there is no factor which would impede a mortgage or re-sale. Any restrictions relative to use of the land must be notified in advance of the purchase.

These processes therefore require the employment of a Solicitor or Licenced Conveyancer on either side of the transaction whose role is to ensure that all matters relative to the transaction are properly fulfilled and complied with on behalf of the purchaser and seller.

Conveyancing practices and procedures are different in Scotland to those in England and therefore it will be important to ensure that you have a Solicitor who can complete the transaction in line with the laws of the land.

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