Nearly one in three property transactions in the UK face delays due to common conveyancing problems, leaving buyers and sellers frustrated and out of pocket. From unexpected issues with property chains to disputes over boundaries or missing documents, these challenges can turn an exciting milestone into a stressful ordeal. But the good news is that most of these problems can be resolved—or even avoided—with the right knowledge and preparation.
Whether you’re buying your first home, selling a property, or navigating a complex chain, understanding the most frequent conveyancing pitfalls is key to a smooth transaction.
This blog will uncover the most common conveyancing problems in the UK and provide practical solutions to help you avoid delays, reduce stress, and confidently complete your property journey.
What is Conveyancing?
Conveyancing refers to the legal process of transferring property ownership from one person to another. It involves several stages, including conducting property searches, drafting contracts, and ensuring all legal requirements are met before completion. While the process is designed to protect both buyers and sellers, it can be fraught with challenges that require careful management.
1. Chain Delays: The Domino Effect
What are Property Chains?
A property chain occurs when multiple transactions are linked together, with each sale dependent on the next. For example, if you’re buying a house, the seller may also be purchasing a new property, creating a chain of interdependent transactions.
Common Causes of Chain Delays
- A buyer or seller pulling out of the transaction.
- Delays in securing a mortgage.
- Conveyancing delays caused by slow communication between solicitors.
How to Solve Chain Delays
- Maintain clear communication: Regular updates between all parties can help identify and resolve issues quickly.
- Consider chain-breaking solutions: Options like bridging loans can help you proceed with your purchase even if the chain is delayed.
- Be flexible with completion dates: Allowing extra time for other parties in the chain can prevent the entire process from collapsing.
2. Survey and Inspection Issues
Why Surveys Matter
Property surveys are essential for identifying structural issues, damp, or other defects that may not be immediately visible. However, they can also uncover problems that complicate the transaction.
Common Issues Found in Surveys
- Structural defects such as subsidence.
- Damp or mould.
- Roof or plumbing issues.
How to Address Survey Problems
- Negotiate with the seller: You may be able to agree on repairs or a price reduction to account for the cost of fixing the issues.
- Seek professional advice: For major problems, consult a structural engineer or other specialist to assess the severity and cost of repairs.
- Use indemnity insurance: In some cases, insurance can cover risks associated with certain defects.
3. Property Title Issues
What are Title Issues?
Problems with the property title can include missing deeds, boundary disputes, or restrictive covenants that limit how the property can be used.
How to Resolve Title Issues
- Conduct thorough title checks: Your conveyancer will investigate the title to identify any issues early in the process.
- Resolve disputes: Boundary disputes can often be settled through negotiation or legal advice.
- Apply for indemnity insurance: This can protect against certain title defects, such as missing documents or restrictive covenants.
4. Planning Permission and Building Regulation Issues
Why Planning Permission Matters
If the property has been altered or extended without proper planning permission or building regulation approval, it can create significant problems for buyers.
How to Resolve Planning Permission Issues
- Obtain retrospective approval: In some cases, you can apply to the local authority for approval after completing the work.
- Use indemnity insurance: This can protect you against enforcement action by the local council.
- Check documentation early: Sellers should ensure all planning and building regulation documents are in order before marketing the property.
5. Search Problems
What are Property Searches?
Searches are conducted to uncover potential property issues, such as planning proposals, environmental risks, or drainage problems.
Common Search Issues
- Nearby planning proposals that could affect property value.
- Environmental concerns, such as flood risks.
- Disputes over access or rights of way.
How to Address Search Problems
- Investigate further: If a search reveals an issue, your conveyancer can help you gather more information.
- Negotiate with the seller: You may be able to agree on a price reduction or other terms to address the issue.
- Seek legal advice: For complex issues, consult a solicitor to understand your options.
6. Mortgage Delays
Why Mortgage Delays Happen
Delays in obtaining a mortgage offer can hold up the entire conveyancing process. Common causes include incomplete applications or lender backlogs.
How to Avoid Mortgage Delays
- Apply early: Start your mortgage application as soon as possible and ensure all required documents are ready.
- Follow up regularly: Stay in contact with your lender to track the progress of your application.
- Consider alternative lenders: If delays persist, explore other mortgage providers.
7. Leasehold Problems
What are Leasehold Issues?
Leasehold properties can present unique challenges, such as disputes with the freeholder or unclear service charges.
How to Resolve Leasehold Problems
- Review the lease carefully: Ensure you understand the terms, including ground rent and service charges.
- Negotiate with the freeholder: For disputes, try to reach an agreement before proceeding with the purchase.
- Seek legal advice: Leasehold issues can be complex, so consult a solicitor.
8. Delayed Completion
Why Completion Delays Happen
Completion delays can occur due to unresolved legal issues, last-minute changes, or problems with the property chain.
How to Avoid Delayed Completion
- Stay organised: Ensure all documents and payments are ready well in advance.
- Communicate regularly: Keep in touch with your conveyancer and other parties to address any issues promptly.
- Be flexible: Allow for some leeway in your moving plans to accommodate potential delays.
9. Missing Documents
Why Missing Documents Cause Problems
Missing documents, such as title deeds or planning permissions, can delay the conveyancing process or even jeopardise the sale.
How to Resolve Missing Document Issues
- Request replacements: Your conveyancer can help you obtain copies from the relevant authorities.
- Use indemnity insurance: This can protect against risks associated with missing documents.
- Check early: Sellers should ensure all necessary documents are available before listing the property.
Conclusion
Conveyancing can be a complex and stressful, but understanding the common problems and their solutions can make it much smoother. From property chains to leasehold problems, being proactive and working closely with an experienced conveyancer is key to avoiding delays and ensuring a successful transaction.
Cooper Hall Solicitors specialise in providing expert conveyancing services to help you easily navigate the complexities of property transactions. Our experienced team is dedicated to protecting your interests and ensuring a seamless process from start to finish.Contact us today!
FAQs
1. How long does the conveyancing process usually take in the UK?
The conveyancing process typically takes between 8 to 12 weeks from the point an offer is accepted to completion. However, this timeline can vary depending on factors such as the complexity of the transaction, delays in property searches, or issues within a property chain. Working with an experienced conveyancer and staying proactive can help minimise delays.
2. What is gazumping, and how can I avoid it?
Gazumping occurs when a seller accepts a higher offer from another buyer after agreeing to sell to you. Unfortunately, gazumping is legal in England and Wales. To avoid it, you can:
– Request the seller to take the property off the market once your offer is accepted.
– Move quickly with your mortgage and conveyancing process.
– Consider a lock-in agreement, where both parties commit to the sale.
3. Can I switch conveyancers during the process?
Yes, you can switch conveyancers if you’re unhappy with their service. However, this can cause delays and may result in additional costs, as your new conveyancer will need to review all the documents and start certain processes again. It’s best to carefully research and choose a reliable conveyancer at the start to avoid this situation.
4. What happens if my buyer or seller pulls out of the transaction?
If a buyer or seller pulls out, it can disrupt the entire process, especially in a property chain. Unfortunately, until contracts are exchanged, either party can withdraw without legal consequences. To mitigate this risk:
Maintain open communication to address concerns early.
Consider a lock-in or exclusivity agreement to secure the transaction.
Be prepared to relist your property or find another buyer/seller if necessary.
