Garden Stirling Burnet – Your Trusted Residential Conveyancing Solicitors
Boasting considerable experience, our skilled, trusted, and friendly team of residential conveyancing solicitors will guide you seamlessly through the process, addressing every detail and ensuring you are kept well-informed.
What is residential conveyancing?
Residential conveyancing is the term used to describe the legal and administrative process of transferring property (building or land) ownership from one person or entity to another. While commonly associated with buying and selling a property, conveyancing is also required when a property is remortgaged, gifted, or inherited.
Buying and selling property is the most common form of conveyancing, and this is done through exchanging letters or “missives” between the buyer and seller’s solicitors.
Our experienced team of conveyancing solicitors manages this intricate process and ensures that all the legal requirements are met to guarantee you a secure property transfer.
As a firm, we also offer commercial conveyancing for those clients who are looking to buy or sell commercial property. See here for further information.
When does the conveyancing process begin?
The process of purchase and sale begins when an offer on a property is accepted and concludes on the date of entry with the exchange of keys.
What does residential conveyancing in Scotland involve?
The residential conveyancing process takes approximately 8–12 weeks, depending on the individual circumstances.
When it comes to buying a property, the process typically involves the following steps:
- Missives: The contract to purchase is established through the exchange of formal letters known as missives. These usually comprise the offer submitted by the purchaser, the acceptance of the offer by the seller, and any negotiations between the solicitors related to issues occurring from the checks and searches. It is worth noting that missives will be signed by your solicitor on your behalf.
- Property Title Checks: Our solicitors conduct a thorough investigation to confirm ownership and identify any legal burdens associated with the property that you wish to purchase, such as maintenance obligations or restrictions of use.
- Local Searches: We perform comprehensive local searches to identify any potential problems or issues in and around the property such as those related to road maintenance, planning permissions, structural alterations etc.
- Drafting of an LBTT form: We will draft and submit the LBTT form on your behalf. This sets out the amount of Land Buildings Transaction Tax applicable to your purchase, the amount depends on the price paid for the property. Find out more about LBTT here.
- Disposition: This is the Deed drafted by our team and signed by the seller. This transfers ownership of the home to the new owners.
- Registration of ownership: Ownership will be legally recorded on your behalf by us in the Land Register Scotland.
When it comes to selling a property, the conveyancing process looks like this:
- Collation of title deeds/building warrants/planning permission documents: Our solicitors will work with you to gather important documents that reflect your ownership of the property and any alterations that have taken place within it.
- Qualified Acceptance: Once you accept an offer on your property, we will go through the conditions of the offer with you and then all being well, issue a qualified acceptance to the purchaser’s solicitor. Note that missives are not concluded at this point and until they are either party can walk away from the agreement with no financial penalties.
- Missives: The contract to sell is established through the exchange of formal letters between the 2 sets of solicitors, known as missives. These comprise the offer, the acceptance of the offer, and any negotiations between the solicitors related to issues occurring from property checks and local searches, along with the date of entry.
- Disposition: This is the Deed drafted by the purchaser’s solicitor that will be signed by you as the seller. This transfers the ownership of the home from you to the purchaser.
- Registration of ownership: Ownership will be recorded by the purchaser’s solicitor in the Land Register Scotland, and any existing Standard Securities (mortgages) over the property will be discharged by us on your behalf.
Choose the Conveyancing Team at Garden Stirling Burnet
With proven expertise, our renowned conveyancing team is here to deliver you a straightforward, reliable, and stress-free experience that is personalised to your needs and gets you the right result.