In law, conveyancing is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or a lien.Black's Law Dictionary (7th ed. 1999) A typical conveyancing transaction has two major phases: the exchange of contracts (when equitable interests are created) and completion (also called settlement, when legal title passes and equitable rights merge with the legal title). The electronic execution of conveyancing processes and documents is known as e-conveyancing.Gill, C., Electronic signatures and e-conveyancing: Where are we now?, Walker Morris, published on 15 October 2018, accessed on 18 June 2025
The sale of land is governed by the laws and practices of the jurisdiction in which the land is located. It is a legal requirement in all jurisdictions that contracts for the sale of land be in writing. An exchange of contracts involves two copies of a contract of sale being signed, one copy of which is retained by each party. When the parties are together, both would usually sign both copies, one copy of which being retained by each party, sometimes with a formal handing over of a copy from one party to the other. However, it is usually sufficient that only the copy retained by each party be signed by the other party only — hence contracts are "exchanged". This rule enables contracts to be "exchanged" by mail. Both copies of the contract of sale become binding only after each party is in possession of a copy of the contract signed by the other party—i.e., the exchange is said to be "complete". An exchange by electronic means is generally insufficient for an exchange, unless the laws of the jurisdiction expressly validate such signatures.
It is the responsibility of the buyer of real property to ensure that they obtain a good and marketable title to the land—i.e., that the seller is the owner, has the right to sell the property, and there is no factor which would impede a mortgage or re-sale. Some jurisdictions have legislated some protections for the buyer, besides the ability for the buyer to do searches relating to the property.
A system of conveyancing is usually designed to ensure that the buyer secures title to the land together with all the rights that run with the land, and is notified of any restrictions in advance of purchase. Many jurisdictions have adopted a system of land registration to facilitate conveyancing and encourage reliance on public records and assure purchasers of land that they are taking good title.Dukeminier et al., Property 559 (6th ed. 2006)
Public record In the Roman tradition, private rights to land were enforceable even if secret; this tradition remained to some extent in Europe up through the 19th century, but modern systems no longer allow for such secrecy.Arruñada B. (2011). Property titling and conveyancing . Chapter 12 in Kenneth Ayotte and Henry E. Smith, eds., Research Handbook on the Economics of Property Law. In many civil law countries, the real estate transfers are usually supervised by notaries who, after a due diligence verification, execute the deed of sale and send it to the Public Registers. The involvement of civil law notaries, qualified legal experts delegated by the State (they must have a University Degree in Law), represents - besides an assistance for the involved parties in the property transfer process - also a gate keeping for the soundness of the economic system and the protection of vulnerable parties.European Xtramile Center (2020). Real Property Transfers and Civil Law Notaries: Legal Empowerment is a Key Factor at Global Level, Especially in Developing Economies of Africa, Asia and Latin America . EXCAS working paper WP/20/079 .
England and Wales
In England and Wales, conveyancing is usually done by a solicitor or a licensed conveyancer; either may employ or supervise an unqualified conveyancer. What is being conveyed, or transferred, is a piece of land or property, that historically (especially in England) may or may not include the "messuage",Definition of messuage-A Digest of the Laws of England Respecting Real Property, Volume 4, p 321 #42, Retrieved 2016-05-14 that would be the principal dwelling, and might include an orchard, any outbuildings, and curtilageexample of messuage - p 35-36, Retrieved 2016-05-15 if present.Sheets v. Selden's Lessee, The domestic conveyancing market is price competitive, with a high number of firms of solicitors and conveyancing companies offering a similar service. It is possible for someone to carry out their own conveyancing, but it is labour-intensive. If the transaction involves a mortgage, it is almost certain that the lender will insist that a solicitor is used for the conveyancing.
It is a common myth that conveyancing has to be carried out by a local solicitor or conveyancer. This is no longer the case, with many conveyancers and solicitors conducting transactions from a distance using email and online technology. However, the Law Society warns solicitors to be wary of clients instructing their firm with no geographic connection to them for risk of money laundering.
There were approximately 5,357 firms operating in the conveyancing market in 2015, but this number has fallen from 5,871 the year before. The number of firms in the market is almost a third lower than the 7,779 firms recording transactions in 2005,Monidipa Fouzder (February 15, 2016) 'Conveyancers – ‘no room for complacency’ Law Society Gazette. Retrieved July 11, 2016. following a severe conveyancing shortage during the recession.Hayley Kirton (June 13, 2016) 'Why conveyancing is where it's at for legal eagles' City AM. Retrieved July 11, 2016.
Under English law, agreements are not legally binding until contracts are exchanged. This affords both the advantage of freedom before contract, but also the disadvantage of wasted time and expense in the event the deal is not done. The Law Commission recognised in 2018 that electronic exchange of documents and electronic signatures are legally valid in relation to land transactions.
The normal practice is for the buyer to negotiate an agreed price with the seller then organise a survey and have the solicitor (or conveyancer) carry out their searches and pre-contract enquiries. The seller's solicitor or conveyancer will prepare the draft contract to be approved by the buyer's solicitor. The seller's solicitor will also collect and prepare property information to be provided to the buyer's solicitors, in line with the Law Society's National Protocol for domestic conveyancing. When undertaking property transactions, the conveyancer's role is to carry out due diligence by submitting queries – known as conveyancing searches – about the transacted property. These are designed to uncover factors the estate agent or surveyor may not know about, which could impact the buyer's enjoyment of the property.Conveyancing Process Explained for buyers Home Owners Alliance.
It takes on average 10–12 weeks to complete a conveyancing transaction, but while some transactions are quicker, many take longer. The timescale is determined by a host of factors – legal, personal, social and financial. During this period prior to exchange of contracts (exchange being the point at which the transaction becomes legally binding) either party can pull out of the transaction at any time and for any reason, with no legal obligation to the other. This gives rise to a risk of gazumping and its converse, gazundering. Conveyancing is a component of the cost of moving house in the United Kingdom.
Conveyancing searches The conveyancer’s role is to carry out due diligence by submitting queries – known as searchesWhat Property Searches are done when Buying a House? QLAW. – about the transacted property. These are designed to uncover factors that the estate agent or surveyor may not know about, which could impact the buyer’s enjoyment of the property. Conveyancing searches include: Land Registry search – to confirm ownership and boundaries by checking the ‘title register’ and ‘title plan’. Local authority search – to reveal any charges or restrictions of use on the property. Water authority search – to find out if any public drains on the property might affect extensions or building works. Flood risk search – to discover potential hazards from coastal, river or surface water flooding. Chancel repair liability search – to ensure there are no potential leftover medieval liabilities on the property to help pay for church repairs. Environmental search – to provide information about contaminated land, landfill sites, former and current industry, radon gas hazard, ground stability issues, and other related information at or around the property. Optional and location specific searches – sometimes extra searches are required or recommended depending on the location or type of property or due to particular concerns raised by the buyer. These could include: Tin mining searches in Cornwall. Mining searches in various parts of the UK. Cheshire brine searches. Additional local authority searches for potential issues such as: Pipelines, noise abatement zones, common land, etc.
Search providers Local authority searches, according to the Law Society, are a ‘vital part of the conveyancing process and give buyers important information about matters affecting a property that is registered or recorded with the local authority. The CON 29 and CON 29O consultation Law Society (June 23, 2016) However, over the years, delays with local authority searches Emma Tyrrell (Dec 7, 2002) 'Can't they get a move on' Guardian. Retrieved July 11, 2016. have prompted lawyers to order a ‘personal’ search, carried out by a third party or a search provider, who visits the council office and inspects and records the information kept by the local authorityRob Hailstone (June 4, 2014) 'Conveyancing - Personal searches vs Official Searches' Estate Agent Today. Retrieved July 11, 2016. on behalf of the conveyancer or solicitor.
Private search companies and ordering platforms have been integrating Land Registry's data to speed up the process of search ordering, improve accuracy and reduce the chances of human error. One example is the use of Land Registry's National Spatial Dataset to display boundary maps on-screen using a live data link to help validate property locations.Ryan Bembridge (January 8, 2016) 'Search provider integrates land registry data' Mortgage Introducer. Retrieved July 11, 2016.
Scotland
In Scots law, conveyancing is carried out as a second stage in the voluntary transfer of land after the completion of the contractual stage. The position in Scotland under Scots law is that the contract is generally concluded at a much earlier stage than in the English & Welsh and common law jurisdictions. The contractual stage of the transfer is called the missives of sale between the buyer, or buyer's agent, and seller, or seller's agent. Missives are letters the body of which contain the contract of sale is formed. Once all the contractual terms are agreed, the missives are said to be concluded, and these serve as a binding contract for the sale of the property. Normally the contract is conditional upon matters such as the sellers being able, before completion of the transaction, to prove that they have good title to the property and to exhibit clear searches from the land registers and the local authority.