CeMAP Conveyancing Questions: Key Topics Explained

What Is Conveyancing?

Conveyancing is the legal process of transferring ownership of property from one party to another. It is one of the core topics tested in CeMAP Module 2 (MRT1), and for good reason — every mortgage transaction involves conveyancing, so understanding how the process works is essential knowledge for any mortgage adviser.

Whether your client is buying their first home or remortgaging an existing property, conveyancing underpins the entire transaction. In the CeMAP exam, you can expect questions on the stages of conveyancing, the professionals involved, the types of searches carried out, and the legal documents that make the transfer binding.

The Key Stages of Conveyancing

The conveyancing process can be broken down into three main stages: pre-contract, exchange of contracts, and completion. Each stage has distinct activities and legal requirements that the CeMAP exam expects you to understand.

Pre-Contract Stage

The pre-contract stage begins once an offer on a property has been accepted. During this phase, the buyer's solicitor or licensed conveyancer carries out a range of investigations to ensure the property is suitable for purchase and mortgage lending. Key activities include:

• Reviewing the title deeds to confirm the seller has the legal right to sell the property and to identify any restrictions, covenants, or rights of way that affect the land.
• Raising enquiries with the seller's solicitor about boundaries, disputes, planning permissions, and any alterations made to the property.
• Conducting property searches (covered in detail below) to uncover potential issues that could affect the property's value or the buyer's enjoyment of it.
• Reviewing the draft contract prepared by the seller's solicitor, which sets out the terms of the sale including the price, property boundaries, and any conditions.

This stage is often the longest part of the conveyancing process. It is not uncommon for it to take six to eight weeks, particularly if complex issues arise from the searches or enquiries.

Exchange of Contracts

Exchange of contracts is the point at which the transaction becomes legally binding. Before exchange, either party can withdraw without penalty. After exchange, both buyer and seller are contractually committed to the transaction.

At exchange, the buyer typically pays a deposit — usually 10% of the purchase price — and a completion date is agreed. The signed contracts are physically or electronically exchanged between the two solicitors. From this point, if the buyer pulls out, they lose their deposit. If the seller pulls out, they can be sued for breach of contract.

Completion

Completion is the final stage, when ownership officially transfers. On the completion date, the buyer's solicitor transfers the remaining purchase funds to the seller's solicitor. Once the funds are received, the keys are released and the buyer can take possession of the property.

After completion, the buyer's solicitor must register the new ownership with the Land Registry and pay any Stamp Duty Land Tax (SDLT) due within the required timeframe. The mortgage lender's interest is also registered against the property title at this point.

Types of Property Searches

Property searches are a critical part of the pre-contract stage and a favourite topic for CeMAP exam questions. Each search reveals different information about the property and its surroundings.

Local Authority Search

This is arguably the most important search. It reveals information held by the local council about the property and surrounding area, including planning permissions, building control approvals, road schemes, conservation area status, tree preservation orders, and smoke control zones. Any planned developments nearby that could affect the property's value or the buyer's enjoyment will typically show up here.

Environmental Search

An environmental search checks whether the property is on or near contaminated land, flood plains, or areas at risk from subsidence, radon gas, or other environmental hazards. Lenders pay close attention to environmental search results because contamination or flood risk can significantly affect a property's value and insurability.

Water and Drainage Search

This search confirms whether the property is connected to mains water supply and public sewers, and whether any public drains or sewers run through or near the property. If a public sewer runs beneath the property, it can restrict future building work and may affect the property's value.

Chancel Repair Search

A lesser-known but important search, the chancel repair search checks whether the property lies within a parish where the owner could be liable for contributions to the repair of the local Church of England chancel. This liability can run into tens of thousands of pounds, so it is a significant consideration for buyers and lenders alike.

The Role of the Solicitor or Licensed Conveyancer

The solicitor or licensed conveyancer acts on behalf of the buyer (and separately, the lender) throughout the conveyancing process. Their responsibilities include:

• Investigating the title to ensure the seller can legally transfer ownership
• Carrying out and interpreting property searches
• Drafting and reviewing contracts
• Managing the exchange of contracts and completion
• Handling the transfer of funds
• Registering the new ownership and mortgage with the Land Registry
• Reporting to the mortgage lender on the property's title and any issues discovered

In many transactions, the same solicitor acts for both the buyer and the lender, provided there is no conflict of interest. The CeMAP exam may test your understanding of when a separate solicitor must be appointed for the lender.

Freehold vs Leasehold: Implications for Conveyancing

The type of property ownership — freehold or leasehold — has a significant impact on the conveyancing process.

Freehold conveyancing is generally more straightforward. The buyer acquires outright ownership of the property and the land it sits on, with no time limit on ownership.

Leasehold conveyancing is more complex. The buyer's solicitor must review the lease in detail, checking the remaining lease term, ground rent, service charges, any restrictions on alterations or subletting, and the terms for lease extension. Mortgage lenders typically require a minimum unexpired lease term — often 70 to 85 years — before they will lend against a leasehold property. If the lease is too short, the buyer may need to negotiate a lease extension before the purchase can proceed, adding time and cost to the transaction.

Key Legal Concepts for CeMAP

Several legal concepts underpin the conveyancing process and are regularly tested in the CeMAP exam:

• Title deeds are the legal documents proving ownership of a property. Since the introduction of compulsory land registration, most titles are recorded electronically at the Land Registry rather than held as physical deeds.
• Land Registry is the government body responsible for maintaining the register of land and property ownership in England and Wales. Registration provides a state-guaranteed record of who owns a property and what rights or charges affect it.
• Contracts in property transactions must meet specific legal requirements, including being in writing and signed by both parties. The contract sets out the terms of the sale, and once exchanged, creates binding obligations on both buyer and seller.

Common CeMAP Exam Questions on Conveyancing

CeMAP conveyancing questions typically test your knowledge in several areas:

• The correct order of the conveyancing stages (pre-contract, exchange, completion)
• What happens legally at exchange versus completion
• Which searches are carried out and what each one reveals
• The role and duties of the solicitor or conveyancer
• The difference between freehold and leasehold conveyancing
• When the buyer becomes legally committed to the purchase
• What must happen after completion (Land Registry registration, SDLT payment)
• Minimum lease length requirements for mortgage lending

When answering these questions, pay close attention to the precise wording. The exam often presents scenarios where the distinction between exchange and completion is crucial, or where a specific search would reveal a particular issue.

Typical Timeline for the Conveyancing Process

While timescales vary, a typical residential conveyancing transaction in England and Wales takes between 8 and 12 weeks from the acceptance of an offer to completion. The pre-contract stage accounts for the majority of this time. Exchange and completion can happen on the same day in some cases, though a gap of one to two weeks between exchange and completion is common.

Delays are frequently caused by slow search results from local authorities, issues raised in the property searches, chain-related holdups (where multiple transactions are linked), and problems with mortgage offers or valuations.

Start Practising Conveyancing Questions

Conveyancing is one of the most practical and frequently tested topics in CeMAP Module 2. The best way to prepare is through repeated practice with exam-style questions that test your understanding of each stage, the searches involved, and the legal principles at play. Practise conveyancing and property law questions to build your confidence before exam day.