Challenges with Conveyancing Cases– Practical Insights for Navigating the Process
Conveyancing, the legal process of transferring property ownership, has always had its complexities.
However, as we move towards 2025, the landscape in the UK is developing, bringing new challenges, particularly for solicitors and clients dealing with more complex cases. Whether it’s the rise in shared ownership schemes, leasehold issues, remortgaging or the ongoing influence of regulatory changes, conveyancing today requires a deeper understanding and strategic approach. We take a closer look…
Key Challenges in Complex Conveyancing Cases
Remortgage:
We were instructed by a client on a remortgage matter involving a deceased partner, and it was unknown to the client that there was a charging order on the property. The lender was threatening to repossess the property. A charging order represents an interest in the debtor’s property, allowing the creditor to place a charge on the title, which constitutes a debt against the property. There was significant debt associated with the property.
Practical Insight:
When addressing the charging order, it is crucial to check and follow up with both the debtor and the lender to arrange for payment. It’s essential to ensure that debts are settled on completion day and that the lender provides the correct information.
Shared Ownership and Help-to-Buy Schemes
Shared ownership schemes have grown in popularity, providing affordable housing options.
The conveyancing process must address both the shared ownership agreement and the mortgage lender’s requirements. If a client wishes to “staircase” (purchase additional shares), further legal work is required.
Practical Insight:
When dealing with shared ownership, ensure that you fully understand the terms of the shared ownership lease. If staircasing is on the horizon, conveyancers should discuss the implications with clients upfront to avoid complications later on.
As well as dealing with specific issues such as those above, it is always a good idea to aim for the following best practice:
Early Due Diligence:
For clients, gathering all relevant documents early on can significantly reduce delays. Ensure that your conveyancer has access to title deeds, planning permissions, lease agreements, and any other relevant paperwork.
Clear Communication:
Regular, open communication between solicitors, clients, estate agents, and mortgage brokers can ensure that any potential issues are flagged and resolved before completion.
If you would like further information relating to this article please feel free to contact me by telephone on 020 8221 8036, by email or or visit my profile.
This article is not legal advice; it is intended to provide information of general interest about current legal issues.
