Dispelling Common Myths in Residential Conveyancing

At Martin Tolhurst Solicitors, we understand that buying or selling a property is one of the most significant transactions you'll undertake. As the South East's largest residential conveyancing firm, according to Land Registry figures over the past five years, our experienced team is here to guide you through every step, ensuring clarity and confidence throughout the process.

Over the years, we've encountered several misconceptions about the conveyancing process. Let's address some of these common myths:

Myth 1: "Signing the contract means the deal is done."

In England and Wales, a property transaction becomes legally binding only upon the exchange of contracts. Until that point, either party can withdraw without legal consequences, although there may be associated costs. Our team ensures that you're fully informed at every stage, helping you navigate this critical milestone with confidence.

Myth 2: "The lender's valuation suffices; no need for a separate survey."

A mortgage lender's valuation is primarily for their benefit, assessing the property's value to secure the loan. It doesn't provide a detailed assessment of the property's condition. We recommend commissioning an independent survey to uncover any potential issues, safeguarding your investment.

Myth 3: "Conveyancing is always a lengthy process."

The duration of the conveyancing process varies depending on several factors, including the complexity of the transaction and the responsiveness of involved parties. While some transactions complete within 8-12 weeks, others may take longer. Our proactive team works diligently to expedite the process, keeping you informed throughout.

Myth 4: "Property insurance is only necessary after completion."

Typically, the buyer is responsible for insuring the property from the exchange of contracts, as the risk transfers at that point. We advise arranging suitable insurance coverage at this stage to protect your investment.

Myth 5: "All conveyancers offer the same service."

Conveyancers vary in expertise, experience, and service quality. At Martin Tolhurst Solicitors, our dedicated team offers personalised, high-quality service tailored to your unique needs. Our commitment to excellence has been recognised with awards such as the 'Conveyancing Firm of the Year – South of England' at the British Conveyancing Awards.

Myth 6: "Conveyancing is only necessary when buying a property."

Conveyancing is essential for various property transactions, including selling, remortgaging, transferring ownership, or extending leases. Each scenario involves legal complexities that require professional handling to ensure a smooth and legally sound process.

Myth 7: "Conveyancers arrange the house survey."

While we conduct legal searches, arranging a property survey is typically the buyer's responsibility. Surveys assess the property's physical condition, identifying potential issues that may not be apparent through legal searches alone. We can guide you on the types of surveys available and recommend trusted surveyors.

Myth 8: "Conveyancing fees are always high."

Conveyancing fees vary based on the transaction's complexity and the services provided. At Martin Tolhurst Solicitors, we offer transparent fee structures with no hidden costs. Our competitive pricing ensures you receive excellent value without compromising on service quality.

Myth 9: "As a cash buyer, I don't need to conduct property searches."

While cash buyers aren't mandated by lenders to conduct searches, it's highly advisable to do so. Searches can uncover critical information about the property, such as planning permissions, environmental concerns, or local authority notices, which might affect your decision to proceed. At Martin Tolhurst Solicitors, we recommend comprehensive searches to ensure you're fully informed.

Myth 10: "The fence on the left is always mine."

There's no universal rule determining boundary ownership based on fence position. Responsibility for boundaries is typically detailed in the property's title deeds or indicated by 'T' marks on the title plan. We assist clients in interpreting these documents to clarify boundary responsibilities.

Conclusion

Understanding the realities of the conveyancing process empowers you to make informed decisions and navigate property transactions with confidence. At Martin Tolhurst Solicitors, we're committed to providing transparent, efficient, and personalised conveyancing services to guide you every step of the way.