If you are buying or selling a house in Cardiff, you would be advised to instruct Conveyancing Solicitors who are familiar with property transactions in the city. Although Conveyancing law and practice is substantially the same as in England, as powers are devolved to the National Assembly in Cardiff it is possible that in future differences may arise in legislation affecting properties, for instance in planning regulations.
Although the same legal profession operates in both countries, Conveyancing Solicitors who have expertise of property Conveyancing in Cardiff will be aware of any legislation which would be relevant to transactions in that area.
In Conveyancing work, Property Lawyers speak of transferring title to the property. The title is the legal evidence of ownership. Titles to most houses in Cardiff are now registered at the Land Registry, and their Wales office handles the registration of property titles throughout the principality. However, where a house in Cardiff has not changed hands since 1977 the title may still be unregistered; in which case the seller will have to produce the ‘title deeds’ to provide the evidence of ownership. These deeds will include Conveyances and mortgages, and any other documents needed to show devolution of ownership, such as a grant of probate where an owner has died.
Since 1977, it has been compulsory to register the title of any unregistered property in Cardiff on the completion of a purchase. If a buyer of a property in Cardiff finds that the title is unregistered, this should not make any difference to the transaction. As the land registry will check the title when an application for first registration is made, a buyer’s Conveyancing Solicitors will investigate the seller’s unregistered title carefully before contracts are exchanged to make sure that the title can be registered without any difficulty. If problems are anticipated, such as where the old title deeds have been lost, the buyer’s Conveyancing Solicitors will usually ask the seller to get the title registered before completing the sale. In either case, a Cardiff Conveyancing Solicitor acting for the buyer will make sure that his client acquires a good title to the property after completion.
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Welsh-speakers may like to note that the land registry issues all titles for houses in Cardiff in Welsh as well as English, although where the title contains extracts from older title deeds (such as grants of rights of way) these will be in whichever language was used in the original deed.
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