Conveyancing slowcoaches

News

12 December 1987

This paper draws a distinction between the statutory local land charge searches, and additional inquiries. Prospective buyers and mortgagees rely on these to be sure nothing threatens the value of their property.

As anyone buying a house knows, local councils are asked to answer inquiries on topics such as planning, tree preservation and maintenance. “In some places it has become impossible to obtain the information within a reasonable time,” the committee says.

Indeed, as at least one house-buyer at Estates Gazette confirms, local authority inquiries in a certain south London council can take 10 weeks. The Law Society’s committee thinks 10 working days is a “satisfactory maximum” but has recorded delays of up to 20 weeks in 1987.

While some of the conveyancing delays can be attributed to other causes (solicitors using second-class post, submitting the wrong forms, or paying incomplete fees) the Law Society feels that tardiness by councils in responding to inquiries is the major source of delay.

Its conveyancing committee is looking at five options to speed up the process: imposing penalties on slow councils to encourage reorganisation of offices; encouraging sellers rather than buyers to make inquiries so the process starts sooner; requiring sellers to give guarantees so that buyers need not rely on the council; abolishing the system altogether (“It rarely turns up vital unknown information and an exact parallel does not exist in Scotland”); and asking fewer questions to reduce councils’ workload.

The committee also looked at computerisation, but concluded that the practical benefits would not come through for five years. “This is too long to wait for an alleviation of the delay problems,” it commented.

Comments on the consultation paper are requested by March 31 by Miss Caroline Lonsdale, Secretary, Conveyancing Standing Committee, The Law Commission, Conquest House, 37-38 John Street, Theobalds Road, London WC1N 2BQ.

Councils are holding up conveyancing, according to the Law Society. Its conveyancing standing committee is looking into the subject and has published a consultation paper: Local authority enquiries: how can we eliminate delays? This paper draws a distinction between the statutory local land charge searches, and additional inquiries. Prospective buyers and mortgagees rely on these to be sure nothing threatens the value of their property. As anyone buying a house knows, local councils are asked to answer inquiries on topics such as planning, tree preservation and maintenance. “In some places it has become impossible to obtain the information within a reasonable time,” the committee says. Indeed, as at least one house-buyer at Estates Gazette confirms, local authority inquiries in a certain south London council can take 10 weeks. The Law Society’s committee thinks 10 working days is a “satisfactory maximum” but has recorded delays of up to 20 weeks in 1987. While some of the conveyancing delays can be attributed to other causes (solicitors using second-class post, submitting the wrong forms, or paying incomplete fees) the Law Society feels that tardiness by councils in responding to inquiries is the major source of delay. Its conveyancing committee is looking at five options to speed up the process: imposing penalties on slow councils to encourage reorganisation of offices; encouraging sellers rather than buyers to make inquiries so the process starts sooner; requiring sellers to give guarantees so that buyers need not rely on the council; abolishing the system altogether (“It rarely turns up vital unknown information and an exact parallel does not exist in Scotland”); and asking fewer questions to reduce councils’ workload. The committee also looked at computerisation, but concluded that the practical benefits would not come through for five years. “This is too long to wait for an alleviation of the delay problems,” it commented. Comments on the consultation paper are requested by March 31 by Miss Caroline Lonsdale, Secretary, Conveyancing Standing Committee, The Law Commission, Conquest House, 37-38 John Street, Theobalds Road, London WC1N 2BQ.