Conveyancing solicitors aren’t just there to push paperwork—they’re your safety net for one of the biggest purchases or sales you’ll ever make. Whether you’re buying your first home or adding to your portfolio, understanding the early warning signs of conveyancing issues can save you from last-minute surprises and serious delays.
In this guide, we’ll explore the most common red flags buyers and sellers encounter during the conveyancing process, and how to avoid them. If you’re unsure about anything in your transaction, conveyancing solicitors in Nottingham, Mansfield, or wherever you live, can help smooth out the bumps and keep your move on track.
Why Red Flags Matter in Conveyancing
Conveyancing involves legally transferring ownership of a property. But the process also uncovers vital information—like whether the property is legally sellable, financially viable, or subject to hidden liabilities.
Red flags don’t always mean a deal-breaker, but they should prompt careful consideration and expert advice. The earlier they’re spotted, the easier they are to manage. Delays in recognising key legal issues can stall a sale by weeks or months, potentially leading to broken chains or lost deposits. That’s why having an experienced conveyancer on your side is essential.
Common Red Flags for Buyers
1. Unclear Boundaries or Missing Title Plans
A missing or unclear boundary plan can cause long-term disputes with neighbours. Check that your solicitor obtains a complete and accurate title plan from the Land Registry.
In some cases, properties may encroach slightly onto neighbouring land, or fences may not match legal boundaries. If caught early, these issues can often be resolved through boundary agreements—but they’re much harder to fix post-sale.
2. Leasehold Issues
If you’re buying a leasehold property, pay close attention to:
- Remaining lease term (under 80 years may affect mortgage eligibility)
- Ground rent escalation clauses
- Service charges and sinking funds
You can learn more from the Leasehold Advisory Service, which provides independent guidance.
Even if the flat or apartment seems ideal, hidden leasehold terms can make it expensive in the long run. Ground rents that double every 10 years, for example, have caused serious issues in recent years.
3. Planning Permission and Building Regulations
Extensions or alterations made without approval could lead to enforcement notices. Your solicitor will review planning history and request certificates of lawful development or building regulation compliance.
Buyers should be cautious if there’s no documentation for recent work. In some cases, indemnity insurance may be available, but it is not a replacement for proper permissions.
4. Flood Risk or Environmental Concerns
Flood-prone areas, contaminated land, or proximity to landfill sites can significantly affect insurance and resale value. Environmental searches are essential for identifying risks early.
The Environment Agency provides a free tool to assess flood risks by postcode.
Even minor flood risks may lead to increased premiums or excesses. Knowing this early allows you to reconsider or negotiate the sale price.
5. Restrictive Covenants
These are legal rules attached to the property title. They might prohibit extensions, certain businesses, or even drying clothes outdoors! Ignoring them could lead to legal action.
Your solicitor should highlight any covenants and explain what they mean in practice. Breaching a covenant—even unknowingly—can result in costly disputes.
Red Flags for Sellers
1. Delays in Paperwork
Missing deeds, outdated certificates, or incomplete property information forms (TA6) can cause significant hold-ups. Prepare documents in advance—even before listing the property.
Being proactive allows you to respond to buyer queries quickly and keeps the process moving. In a competitive market, delays can lose you a sale.
2. Property Not Registered with the Land Registry
Unregistered properties require extra steps. Your solicitor must compile evidence of ownership and may need original deeds or documents.
The HM Land Registry offers guidance on registering property for the first time.
Buyers are often reluctant to deal with unregistered titles due to uncertainty. Registering ahead of sale can reassure them and reduce delays.
3. Unauthorised Alterations
Any changes made without permission should be disclosed. If you can’t provide the right certificates, indemnity insurance might be needed to reassure buyers.
It’s essential to be upfront. Trying to hide modifications can derail the sale later in the process.
4. Tenants in Situ
If you’re selling a property with tenants, ensure all tenancy documents are up to date and legal. Poorly drafted tenancy agreements or unprotected deposits could scare off buyers.
Make sure you’re also clear about notice periods and whether the buyer intends to keep or remove the tenants.
How to Prevent Issues from Derailing Your Deal
- Instruct your solicitor early: Don’t wait until you’ve agreed a price. Early involvement means faster progress.
- Be honest: Whether you’re buying or selling, full disclosure avoids nasty surprises.
- Keep communication open: Your solicitor should update you regularly. Don’t be afraid to ask questions.
- Review your mortgage offer: Ensure the offer aligns with the property’s legal status (especially if leasehold).
It’s also helpful to build a timeline and checklist for the conveyancing process. The more informed you are, the more confident you’ll feel.
When to Walk Away
Not every red flag is a reason to pull out. But if multiple issues arise—especially those involving legal disputes, unknown liabilities, or serious planning breaches—walking away may be the safest option.
A good solicitor will advise on what’s manageable and what’s too risky. Having a trusted professional in your corner helps you make confident, informed decisions.
In some cases, problems can be resolved with negotiation. For example, you might request that the seller fixes certain issues before exchange, or agree a lower price to reflect the risk.
Final Thoughts: Spot Issues Before They Spiral
Conveyancing red flags are easier to handle when spotted early. A home is likely the most expensive thing you’ll ever buy or sell. Treating the legal process with the same seriousness as the finances will always serve you well.
Property transactions are stressful—but they don’t have to be chaotic. With the right guidance, you can navigate the process with clarity and confidence.
This article is for general information only and does not constitute legal advice. Always consult a qualified solicitor for personalised guidance on property transactions, red flags, or conveyancing issues.
