23 June 2025
Common Conveyancing Problems and How to Avoid Them
Common issues that can arise during property transactions and practical strategies for avoiding delays, additional costs, and transaction failures.
By BJ McKenna & Co Solicitors
Understanding Common Conveyancing Challenges
While most property transactions proceed smoothly, certain issues can arise during the conveyancing process that may cause delays, additional costs, or even the collapse of a sale. Understanding these common problems and how to prevent them can help ensure your property transaction runs as smoothly as possible.
Search-Related Issues
Slow Local Authority Responses
Local authority searches can take significantly longer than expected, particularly during busy periods or if the council is understaffed.
How to Minimize Impact:
• Instruct your solicitor immediately after offer acceptance
• Ask your solicitor to chase searches proactively
• Consider search insurance for some types of searches if delays are excessive
Adverse Search Results
Searches may reveal planning applications, flood risks, contaminated land, or other issues that affect the property's value or your ability to get a mortgage.
Potential Solutions:
• Negotiate a price reduction to reflect the issue
• Request the seller resolve the problem before completion
• Obtain specialist insurance to cover potential future costs
• Seek expert advice on the significance of the issue
Property Chain Complications
Chain Delays and Collapses
Property chains can be fragile, with delays or problems at any point affecting all other transactions in the chain.
Common Chain Problems:
• Mortgage applications falling through
• Survey issues discovered late in the process
• Gazumping or gazundering by other parties
• Sellers unable to find onward purchase
Minimizing Chain Risks:
• Maintain regular communication through your solicitor
• Be flexible with timing where possible
• Have backup plans if the chain breaks
• Consider chain-free alternatives if available
Mortgage and Finance Issues
Mortgage Offer Delays
Lenders may take longer than expected to issue formal mortgage offers, or may request additional information that delays the process.
Prevention Strategies:
• Provide all requested documents promptly and completely
• Maintain employment and financial stability during the process
• Avoid taking on new credit commitments
• Keep your mortgage broker informed of any changes
Valuation Issues
If the lender's valuation comes in lower than the agreed purchase price, it can affect your mortgage amount and require renegotiation.
Possible Solutions:
• Challenge the valuation with additional evidence
• Renegotiate the purchase price with the seller
• Find additional funds to make up the difference
• Seek a second opinion from another lender
Legal Title Issues
Missing or Defective Title Documents
Sometimes the seller cannot provide proper evidence of their legal ownership, or there are problems with the property's legal title.
Common Title Issues:
• Missing title deeds for unregistered property
• Restrictive covenants affecting property use
• Boundary disputes or unclear boundaries
• Rights of way or easements affecting the property
Planning Permission Problems
Extensions or alterations may have been carried out without proper planning permission or building regulations approval.
Resolution Options:
• Apply for retrospective planning permission
• Obtain indemnity insurance to cover potential enforcement
• Negotiate a price reduction to reflect the risk
• Request the seller rectify the situation before completion
Leasehold-Specific Problems
Short Lease Terms
Properties with lease terms below 80 years become increasingly difficult to mortgage and sell, and lease extensions become more expensive.
Dealing with Short Leases:
• Negotiate lease extension before purchase
• Factor extension costs into your budget
• Ensure your mortgage lender accepts the lease term
• Seek specialist legal advice on lease extension rights
Management Company Issues
Problems with service charges, maintenance, or unresponsive management companies can complicate leasehold purchases.
Red Flags to Watch For:
• Exceptionally high or rapidly increasing service charges
• Outstanding major works contributions
• Poor maintenance of common areas
• Disputes between leaseholders and freeholder
Communication Problems
Poor Communication Between Parties
Lack of communication between solicitors, estate agents, and clients can lead to misunderstandings and delays.
Improving Communication:
• Respond promptly to requests from your solicitor
• Keep all parties informed of any changes to your circumstances
• Establish regular update schedules with your solicitor
• Ensure contact details are up to date and accessible
Last-Minute Complications
Issues Discovered Close to Exchange
Sometimes problems only become apparent in the final stages of the transaction, creating pressure to resolve them quickly.
Common Last-Minute Problems:
• Final searches revealing new information
• Mortgage conditions that haven't been met
• Insurance issues preventing exchange
• Client circumstances changing unexpectedly
How to Minimize Conveyancing Problems
Choose the Right Solicitor
• Select an experienced conveyancing specialist
• Ensure they have sufficient capacity for your transaction
• Check their communication style matches your preferences
Be Prepared and Organized
• Have all documents ready before instruction
• Respond quickly to requests for information
• Maintain financial stability throughout the process
Plan for Contingencies
• Build buffer time into your moving plans
• Have emergency accommodation arrangements
• Maintain access to additional funds if needed
When Problems Do Arise
If issues develop during your conveyancing transaction:
1. Stay Calm: Most problems can be resolved with patience and expert guidance
2. Seek Advice: Rely on your solicitor's expertise to navigate complications
3. Consider Options: Evaluate all available solutions before making decisions
4. Keep Perspective: Remember that some delay is better than proceeding with unresolved risks
How We Help Prevent and Resolve Problems
At BJ McKenna & Co Solicitors, our experienced conveyancing team proactively identifies and addresses potential issues before they become serious problems. We provide:
• Thorough Due Diligence: Comprehensive searches and investigations
• Proactive Communication: Regular updates and early problem identification
• Expert Problem-Solving: Creative solutions to complex legal issues
• Clear Guidance: Explaining options and implications in plain English
Contact us today to discuss your conveyancing needs or visit our conveyancing service page to learn more about our comprehensive property law services.