Property Conveyancing

Aberdein Considine is Scotland’s number one solicitor estate agent and letting agent, involved in more than 5,000 property transactions every year.

This means that the property professionals you deal with are among the most experienced in the country.

What is conveyancing?

In simple terms, conveyancing is the transfer of title from one person to another and is an important legal part of your house move.

The key stages are exchange of contracts (sometimes called 'missives') when everyone knows the transaction will proceed, and then completion when everyone moves.

Agreeing the contract (missives)

Further negotiations are likely after an offer has been accepted, for instance, the date of entry, details of additional items included in the sale and issues such as consents for alterations.

Once all points have been agreed in writing, a binding contract will have been formed. This contract is often referred to as concluded missives. It is important to note that, although you will not have been asked to sign anything at this stage, you will still be bound by the terms of the contract. Neither party can pull out of this contract without penalty. Your solicitor will explain to you the penalties that will occur if you fail to pay the price on time without the consent of the seller.

Checking the documents of ownership

Your solicitor will check the documents of ownership (title deeds) and report to you on the description of the property, any rights relating to it and any conditions that will have to be observed by any owner. These conditions are known as title burdens and could include:

• parking restrictions
• restrictions on use
• rules about where rubbish and bins are to be put
• a ban on putting up an aerial or satellite dish
• a ban on any alterations and new buildings
• restrictions on the height of walls, fences and hedges
• rules about upkeep of private roads, pavements and parking areas
• obligations to pay insurance
• obligations to pay common repair costs
• an obligation to pay a management fee for repairs and maintenance
• a right for your neighbour to enter your garden to carry out repairs to their house and vice versa

These are all typical (but not universal) conditions in housing title deeds. You should see your solicitor if you have any issues with the title deeds.

Preparing the transfer documents

A deed, called a disposition, is required to transfer the title of the property into your name. This is prepared by your solicitor, checked by the seller’s solicitors and signed by the seller.

If you have a loan arranged, you will sign a mortgage document (standard security) which gives your mortgage provider certain rights over the property. These include, in the worst case scenario, a right to take possession of the property and sell it. Your solicitor will advise you about the implications of the mortgage agreement.

Transferring the funds

As well as the purchase price, there are other costs involved in buying a property that you must consider, such as Land and Buildings Transaction Tax (LBTT), payable to Revenue Scotland. There is also a fee charged by the Registers of Scotland who are responsible for maintaining all the property records in Scotland and where your ownership of your new property is formally recorded.

Our solicitors will make sure that there is nothing to prevent the transaction proceeding and then make the arrangements so that all the funds are collected and paid accordingly.

Completing the purchase

The transaction is completed (settled) on the date of entry. The deeds are delivered to your solicitor, the price is paid to the seller’s solicitor and you get the keys to your new home. Your solicitor will then deal with the LBTT and registration requirements.