Selling a home involves more legal work than most people expect, and in Northern Ireland a good deal of it falls to the seller’s side before the buyer’s solicitor becomes involved at all. If you have been searching for a ‘conveyancing solicitor near me’ because you are putting your house on the market, it helps to understand what that solicitor will be doing on your behalf. The seller’s role here is different from the position in England and Wales, and knowing what is expected of you makes the whole process easier to plan for.
To speak to our experts please call us on 028 2766 6698 or Make An Online Enquiry.
Why does the seller carry more of the work in Northern Ireland?
The most significant difference is that the property searches are normally carried out by the seller’s solicitor and paid for by the seller. In England and Wales, the buyer usually commissions and funds the searches, so people who have moved from there are often surprised to find the cost sitting on their side of the transaction.
Those searches include the Statutory Charges Register, which reveals charges registered against the property by public bodies, and enquiries to central government and the local council covering matters such as planning history, road adoption, and listed building status. A search of the Enforcement of Judgments Office shows whether any debt related orders affect the land, and where the title is unregistered, a Registry of Deeds search is also needed. Gathering these results early is one of the simplest ways to keep a sale moving, because a problem revealed late in the process is far harder to resolve.
What documents will you be asked to provide?
Your solicitor will ask for a number of things at the outset, and having them ready saves considerable time. You will need a valid Energy Performance Certificate, which must be in place when the property is marketed. You will also be asked about any work carried out on the house, such as an extension, a conservatory, a garage conversion, or a replacement heating system, so that the relevant building control approval or completion certificate can be located.
If your title deeds are held by a lender or a previous solicitor, we will need to know where, so that they can be requested. Guarantees for items such as damp proofing, double glazing, or a new roof should be provided to us if you have them, as buyers routinely ask to see them. In addition, proof of identity and address is required, since all solicitors must carry out these checks.
How is your title proved to a buyer?
How we prove your title depends on whether your property is registered or unregistered. Registered land is recorded at the Land Registry, where the property has its own folio number and a map showing its boundaries, and the title carries a state guarantee. Proving title in that case is relatively straightforward.
Unregistered land is recorded through the Registry of Deeds, which notes documents affecting a property rather than guaranteeing who owns it. Here, we will assemble the chain of historical deeds to demonstrate that you hold a good and marketable title. Compulsory first registration has applied across Northern Ireland since 2003, but many older and rural homes remain unregistered, and preparing this documentation takes longer.
What are enquiries and how do they affect your sale?
Once the buyer’s solicitor has the contract and title documents, they will raise enquiries, sometimes called requisitions on title. These are questions about the property and the title, covering matters such as boundaries, rights of way, shared accesses, services, and anything unusual thrown up by the searches. We draft replies on your behalf, involving you where the answer depends on your own knowledge of the property.
When does the sale become binding?
When the buyer’s solicitor is satisfied with the title, the searches, and the replies to enquiries, and the buyer’s mortgage is in place, contracts are signed. A deposit is normally paid by the buyer at this stage, held by your solicitor and credited against the balance due at the end. From that point both parties are committed to the transaction, and a completion date is fixed.
On completion, the buyer’s solicitor sends the purchase money to your solicitor. Once those funds have arrived and been confirmed, the keys are released, which in practice usually happens around the middle of the day.
What happens to your mortgage when you sell?
If there is a mortgage secured on the property, it has to be repaid out of the sale proceeds. We obtain a redemption figure from your lender, settle the loan on completion and arrange for the charge to be discharged so that the buyer takes the property free of it. Estate agent fees and legal costs are usually settled at the same time, and the balance is then sent to you. We provide a written statement setting out these figures so you can see exactly how the final sum has been reached.
Does it help to have your solicitor nearby?
There are points in a sale where being close by is genuinely useful. Documents need to be signed, identification has to be produced, deeds and certificates often need to be handed in, and questions come up that are quicker to settle in conversation than by email. LMK Law is based at 19 High Street in Ballymoney, and our clients are welcome to call into the office rather than relying only on post and email if they prefer.
To speak to our experts please call us on 028 2766 6698 or Make An Online Enquiry.