How to Find your Legal Expert: Part 10 – Property Lawyer

Welcome to the final part of our ‘How to Find your Legal Expert’ series. In this edition we are going to look at what you should consider when searching for a Property Lawyer.

As well as conveyancing, there are a range of other services Property Lawyers can help with, such as First Registration, Transfers of Equity, and more, but finding the right expert can be difficult. At Backhouse Solicitors we understand that navigating your way through the minefield of legal jargon and searching multiple law firms on google can be overwhelming, how do you decide which law firm to use? We are here to help!

We have put together a few pointers to help you search for the right Property Lawyer.

1. Friends and Family Recommendations – A good starting point is to speak with friends and family and see if they have recently used a property lawyer or a firm of solicitors. Find out how their experience was. Would they recommend them?
2. Google – Google can be your best friend, or your enemy. Don’t just choose the first firm that appears when you search for property lawyers in your area. Most businesses now have Google reviews allowing you to see their overall rating and read through reviews to give you an insight of others’ experiences with that firm.
3. Legal Jargon – Does the business promote that they are legal jargon-free? Legal jargon can make legal processes even more confusing so it helps to find an expert that will explain everything in plain English!
4. Fee Transparency – Often, certain legal fees are not communicated with clients and can come as a surprise, potentially resulting in you paying more than you initially anticipated. While extra fees may be incurred, this will depend upon the level of complexity of your transaction and any changes in price should always be communicated to you. Firms that state they will provide fee transparency is always a good sign.
5. Comparing Costs – Most people will compare costs, quite rightfully, but just remember, although it may be tempting to choose the cheapest firm, this can have consequences. You may not receive a quality service, they may not be qualified or insured and therefore we recommend that you do your homework first.

It is important to ensure that you are using services provided by legally regulated firms and individuals that are top quality professionals in their field, giving you protection with your transaction. Below is a list of legal bodies and qualifications you should look out for.

SRA (Solicitors Regulation Authority) – the SRA logo and a registered number should easily be seen on the firm’s website and linked to a page that states the website has been verified by the SRA. This means that:

• everyone who works for the firm must meet the high standards the SRA set
• this firm must have the right level of insurance to protect you in case something goes wrong
• you may be able to claim through the SRA Compensation Fund to have your money reimbursed if this firm or a Lawyer working for it loses your money
• you can complain to the SRA if you are concerned about the behaviour of this firm.

The Law Society Conveyancing Quality Scheme (CQS) – This is the recognised quality mark for legal experts in buying or selling property.  Firms who are accredited to the CQS go through a rigorous annual renewal/accreditation process. You would expect a reputable Property Lawyer to be accredited to the CQS.

CILEx (Chartered Institute of Legal Executives) – CILEx regulates individuals who are:

• Charted Legal Executives – Authorised Lawyers often specialising in a particular area of law
• CILEx Practitioners – Lawyers who are specialists in the specific areas of law that CILEx has authorised them to practice in
• Members of CILEx – includes individuals with other grades of membership working towards qualification as a Chartered Legal Executive

CLC (Council for Licenced Conveyancers) – Regulating Property and Probate Lawyers

Regulatory activities include:

• setting educational and training standards for entry to the profession
• issuing licences to practise to those qualified to provide conveyancing and probate services and to Alternative Business Structures
• maintaining a register of all licensed conveyancers and regulated bodies
• setting standards to regulate the professional practice, conduct and discipline of licensed conveyancers and regulated bodies
• setting standards to maintain adequate professional indemnity insurance and a compensation fund to protect consumers
• monitoring the work and conduct of regulated bodies
• providing guidance and advice to regulated bodies to maintain compliance with our regulatory requirements
• investigating allegations of misconduct and where appropriate taking disciplinary action

First Registration – First Registration is a legal process which transfers property from the Registry of Deeds (ROD) system to the Land Registry. If your property is unregistered and you hold the physical title deeds, we recommend that you go through the process of first registration.  A Property Lawyer can help you with this process and although it isn’t compulsory, there are several major advantages to registering.

Lost Title Deeds – Title deeds are physical legal documents which prove the chain of ownership to a property or piece of land. If they have been lost, you will need to contact the solicitor, mortgage company or bank that dealt with your original purchase as they may still be holding the deeds on your behalf.  If not, you will need to apply to HM Land Registry for first registration based on a Statement of Truth, which can be a complicated process that an expert Property Lawyer can help with.

Equity Release – An Equity Release Mortgage, also known as a Lifetime Mortgage, allows you to borrow money against the value of your home or main residence while retaining ownership. However, it is crucial that you seek legal advice to ensure that your rights to the property are not compromised by the scheme and that the product is appropriate to your circumstances. If not, your home could be at risk, or you could end up owing more than you are able to pay back.

If you need expert help with your matter, our team are here to help. Contact us to book your free 30-minute consultation with Rhys Tilsley.

Tel:          01245 893400
Email:     info@backhouse-solicitors.co.uk
Visit:       17 Duke Street, Chelmsford, CM1 1JU
Or send us a message through the Contact Us page on this website.