How a Solicitor Can Help Solve 3 Major Difficulties During the Conveyancing Process
If you are about to engage in a conveyancing process; either changing names on a title, buying or selling property, you will realise that you can use either a solicitor or conveyancer for the job.
While both are applicable to steer the process, a solicitor is better placed to help you deal with conveyancing problems. Part of the reason for this is that they have a better understanding of the law, they can offer legal advice and can represent you in legal proceedings. As a result, solicitors are invaluable because they can help you overcome these three major difficulties during the conveyancing process.
If you are looking to sell or transfer land and the property in question is in the name of a deceased person, you will have to go through a probate process in court. A probate process can take quite some time as the court establishes who all the interested parties are.
Apart from looking at the wishes of the deceased, the probate process also factors dependents of the deceased as well. If there is anyone contesting the right of inheritance or ownership to the property, the probate process can stretch out over several years. In this case, having a solicitor handling your conveyancing will be vital to ensure your interests are given fair consideration.
Breach of contract
If for any reason the agreements between buyer and seller are not adhered to, you will need to seek justice. This can revolve around issues such as absent fixtures that were supposed to be in the house, damage to the property which was not disclosed to you or incorrect property boundaries.
If you find yourself on the short end of justice, your solicitor will initiate mediation to settle the dispute. Being a legal practitioner, they will comb the agreements and show how you have been wronged. If the matter is not settled amicably, a solicitor has the ability to file a suit in court and seek legal intervention.
Removing encumbrances and easements from a title
Another area in conveyancing where you might need more than just a conveyancer is if you need to have easements or encumbrances removed from a title. This would involve researching the municipality building codes and plans to show why there is no need to have certain easements in place.
With encumbrances, your solicitor can help settle any pending payments or disputes so as to clear your title's record. This will allow you to sell, sub-divide, gift or develop the property.
Of course, you cannot tell at the beginning of the conveyancing process if yours will be a straightforward process or if major hurdles will crop up along the way. However, with a solicitor handling your sale/purchase, you will be confidence of a good outcome no matter what happens.