Once missives have been concluded and the binding contract is in place, attention turns to what happens next. For many buyers, the conveyancing process can seem like a black box: you know something important is happening, but it is not always clear what. In this article, Wallace Quinn explains what your solicitor actually does during the conveyancing process to ensure that you receive a clear, unencumbered title to your new home.
Concluding missives is a significant milestone. It means both parties are legally committed to the transaction, and from that point forward your solicitor’s focus shifts to preparing everything needed for a smooth and legally sound settlement. That involves a substantial amount of careful legal work, most of which takes place in the background, but all of which is designed to protect your interests as a buyer.
Examining the Title
The first and most important task your solicitor undertakes is a thorough examination of the seller’s title. In Scotland, property is registered either in the Land Register of Scotland or, in older transactions, in the General Register of Sasines. Your solicitor will obtain the title sheet or deeds and examine them in detail to confirm that the seller has a good and marketable title to the property they are selling to you.
Title examination is about more than confirming ownership. Your solicitor will check that there are no burdens or conditions attached to the title that would unreasonably restrict your use of the property. These real burdens, as they are known, are conditions that run with the land and bind not just the current owner but all future owners too. Common examples include restrictions on building extensions, requirements to maintain shared boundary features, or obligations relating to the use of the property.
Your solicitor will also check for any standard securities registered against the title. A standard security is a mortgage or other loan secured against the property. If the seller has an outstanding mortgage, their lender must discharge that security on or before settlement. Your solicitor will confirm that this is being arranged and that the discharge is in order before funds change hands.
Any issues identified during title examination will be raised with the seller’s solicitor, and queries will need to be resolved to your solicitor’s satisfaction before the transaction can complete.
Report Checks
Alongside examining the title, your solicitor will obtain a series of reports that provide important information about the property and the land on which it sits.
A property enquiry certificate is obtained from the relevant local authority and reveals whether any planning applications, road schemes, tree preservation orders or other notices affect the property. Coal mining reports are obtained where relevant, particularly in parts of Scotland with a history of mining activity, to check for risks arising from old workings. Your solicitor may also obtain searches against the seller’s name to check for any inhibitions or other matters that might affect their ability to sell.
These reports are not simply procedural. They can uncover issues that are not apparent from a physical inspection of the property and that could significantly affect its value or your ability to use it as you intend. If a report raises a concern, your solicitor will consider whether it needs to be resolved before settlement or whether it is something you should simply be aware of going forward.
Considering Survivorship Destinations
If you are purchasing a property jointly with another person, your solicitor will discuss with you how the title should be structured. One important consideration is whether a survivorship destination should be included.
A survivorship destination is a clause in the title that means if one co-owner dies, their share of the property automatically passes to the surviving co-owner, regardless of what a Will might say. It is commonly used by couples buying together and can provide useful continuity of ownership in the event of a death. However, survivorship destinations are not always the right choice for everyone, and they can have implications for estate planning that are worth understanding before you commit to a particular title structure.
This is a topic that deserves careful thought and, if relevant to your circumstances, a conversation with your solicitor. For a fuller explanation of how survivorship destinations work and their potential impact on your estate, we would recommend reading our dedicated guide: What is a Survivorship Destination and How Can It Affect Your Estate?
Drafting the Disposition
The disposition is the formal legal document by which ownership of the property transfers from the seller to you. It is the Scottish equivalent of the transfer deed used in other parts of the UK.
Your solicitor will examine the draft disposition prepared by the seller’s solicitor and check it carefully. They will confirm that it accurately describes the property being sold, including the boundaries and any pertinent rights such as rights of access. They will ensure that your name, or names if you are purchasing jointly, appear correctly and that the title conditions being imposed are appropriate and acceptable.
Once the disposition has been agreed, it is signed by the seller, and your solicitor retains it ready for registration in the Land Register of Scotland following settlement. Registration is what makes you the legal owner of the property in the eyes of the law, and your solicitor attends to this on your behalf after the date of entry has passed and settlement has taken place.
Creating the Standard Security
If you are purchasing with the assistance of a mortgage, your solicitor will also have responsibilities to your lender. Most major lenders use what is known as a panel of solicitors, and your solicitor will act on the lender’s behalf as well as your own, subject to any separate representation requirements.
A standard security is the legal document that gives your lender a charge over the property in exchange for the funds they are lending you. It is registered in the Land Register alongside the disposition, creating a formal record of the lender’s interest in the property.
Your solicitor will receive a formal offer of loan from your lender along with their instructions. They will check that the terms of the offer are consistent with what you have agreed with the lender and that the property meets the lender’s requirements based on the title and reports. Before settlement, they will submit a report to the lender confirming that everything is in order and requesting the release of mortgage funds.
On the date of entry, once the seller’s solicitor has confirmed that the disposition is available and that the seller’s own mortgage is being discharged, your solicitor will authorise the transfer of funds. The price is paid, the keys are released, and you become the owner of your new home.
The standard security is then registered alongside the disposition, placing the lender’s charge on the official record and completing the legal process.
A Process Built Around Protecting You
It can sometimes feel as though the conveyancing process takes longer than expected, and it is natural to wonder what is happening in the background. The reality is that your solicitor is carrying out a significant body of careful, detailed work on your behalf. From the first review of the title through to registration of the disposition and standard security, every step is designed to ensure that you receive exactly what you are paying for: a clear title to your new home, with no hidden burdens, no unresolved charges, and no surprises after you have moved in.
If you are in the process of buying a property in Scotland and would like to speak to one of our solicitors about what to expect, please do not hesitate to get in touch with Wallace Quinn.
Why Choose Wallace Quinn
Selling a property is one of the biggest financial decisions you will make, and the offer you accept sets the tone for the entire transaction. At Wallace Quinn, we take the time to review every offer in detail, explain what each condition means in plain language, and help you make the decision that is right for your circumstances. We combine decades of experience in Scottish property law with a practical, down-to-earth approach that keeps you informed and in control at every stage.
With offices in Glasgow, Livingston and Bathgate (The Conveyancing Practice), we support sellers across the central belt and beyond. Whether your sale is straightforward or more complex, we are here to protect your interests and guide you through the process from offer to completion.
Frequently Asked Questions: Conveyancing for Buyers in Scotland
Q: What does a solicitor actually do during the conveyancing process in Scotland?
A: Your solicitor examines the seller’s title to confirm it is clear and free from problems, obtains a series of reports on the property and the land it sits on, reviews and agrees the disposition that formally transfers ownership to you, and, if you have a mortgage, prepares and registers the standard security on behalf of your lender. The aim throughout is to ensure you receive a clean, unencumbered title to your new home.
Q: How long does conveyancing take after missives are concluded?
A: There is no fixed timescale, as it depends on the complexity of the title, how quickly reports are returned and how straightforward the lender’s requirements are. In straightforward residential transactions it typically takes between four and eight weeks, but this can vary. Your solicitor will keep you updated throughout.
Q: What is a disposition and why does it matter?
A: The disposition is the formal legal document that transfers ownership of the property from the seller to you. Once it has been signed by the seller and settlement has taken place on the date of entry, your solicitor will register it in the Land Register of Scotland. Registration is what makes you the legal owner of the property in the eyes of the law.
Q: What is a real burden on a property title?
A: A real burden is a condition or obligation attached to the title that runs with the land and binds all current and future owners. Common examples include restrictions on how the property can be used, obligations to maintain shared boundaries or access routes, and conditions set by the original developer. Your solicitor will identify any real burdens during title examination and advise you on whether they are likely to affect your use or enjoyment of the property.
Q: What is a standard security?
A: A standard security is the legal document that gives your mortgage lender a charge over the property in exchange for the funds they are lending you. It is prepared by your solicitor, signed by you and registered in the Land Register alongside the disposition. It remains on the title until your mortgage is repaid and your lender grants a formal discharge.
Q: What happens if title examination reveals a problem?
A: Your solicitor will raise the issue formally with the seller’s solicitor and seek to have it resolved before settlement. In some cases the seller can provide documentation that addresses the problem. In others, indemnity insurance may be available to cover the risk. If a title problem cannot be resolved satisfactorily, your solicitor will advise you on your options, which may include delaying settlement or, in serious cases, withdrawing from the transaction.
Q: What is a survivorship destination and do I need one?
A: A survivorship destination is a clause in the title that means if one co-owner dies, their share of the property passes automatically to the surviving co-owner, regardless of what any Will says. It is commonly included when couples buy together, but it is not right for everyone. Your solicitor will discuss your circumstances and help you decide on the most appropriate title structure. For more detail, see our guide to Survivorship Destinations in Scotland: What is a Survivorship Destination and How Can It Affect Your Estate?
Q: Do I need my own solicitor when buying a house in Scotland?
A: Yes. In Scotland, all formal offers to purchase property must be submitted by a solicitor, and the conveyancing process requires specialist legal expertise. If you have a mortgage, your solicitor will also act on behalf of your lender in most cases. Using an experienced Scottish conveyancing solicitor is not just advisable, it is a practical necessity.
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