Do I need a lawyer to buy a property?

In English law, emphasis is placed on prospective buyers of properties to make all the enquiries necessary to satisfy themselves that they are buying a ‘good’ property before they commit to the purchase. It is just like when an investor is thinking about investing or taking over a company. They are advised to carry ‘due diligence’ to ensure they are fully aware of all potential issues and problems associated with the company before investing.

Conveyancing (the process of transferring ownership of land – i.e. one person selling land to another) can be quite a stressful, time consuming, and complex process. Conveyancing solicitors will be able to guide you through this process. If you chose not to seek legal advice and instruct a conveyancing solicitor when you buy a property you run the risk of purchasing a property with:

- major defects
- rights of way over the land
- restrictive and/or positive covenants attached to the land
- charges over the land

Please note that the above is not an exhaustive list of all the problems you could face. If you instruct a conveyancing solicitor to carry out the conveyancing for you, the risk of the above happening is significantly reduced. A conveyancing solicitor will ensure that a series of searches and enquiries are made with the seller to ensure that you are purchasing a good property free of any incumbrances or problems.

They will also carry out an investigation into the seller’s title to ensure that have good title and are able to sell the land that they are purporting to own. All these enquiries and investigations will be carried out prior to the exchange of contracts. This is crucial as after contracts are exchanged you will not be able to withdraw from the transaction without incurring a financial penalty.

For the reasons above, it is highly advisable to instruct conveyancing solicitors when you are buying a property as opposed to doing it yourself.

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