A law firm for life

When the Land Register announced their temporary closure of the application record on 24th March with immediate effect the property market in Scotland screeched to a standstill.

Across Scotland Solicitors frantically contacted their clients to discuss the potential delays that this could cause to house move.

As the conveyancing profession focused on the legalities a more practical issue arose from the imposed lockdown – removal companies rightly took the decision to protect the health and safety of their employees and follow Government guidance.  As a result many clients found themselves surrounded by boxes but unable to move to their dream homes.

Although the practical issues of moving house remain the Law Society of Scotland Property Law Committee and the Land Register announced last week that the passing of the Coronavirus Bill included provision to extend the normal 35 day Advance Notice period to a period ending 10 days after the day on which the Keeper declares the application record fully open.  An Advance Notice is recorded against the title to a property and provides a purchaser with the protection that a title deed in their favour is intended to be registered in the land register and prevents a competing deed granted to a third party entering the register first.

The Coronavirus Bill further allows for digital submission of applications for registration while the Registers of Scotland are temporarily unable to receive applications by post.  We await confirmation from the Land Register when this service has been implemented.  It is anticipated that when the electronic submission service is activated to the profession at large we will be able to complete sales and purchases where possible however the practical issues remain.

The Law Society and the Scottish Government encourages all parties to amicably agree on new moving dates when it is likely the lockdown measures have ceased however the uncertainty surrounding the lifting of social distancing measures will continue to delay settlements until removals can take place.  Accordingly, any delays agreed to dates of entry should include provision to further defer that date if lockdown measures continue.

There are circumstances in which properties that are currently vacant completion can be effected if the health and safety of our clients will not be jeopardised.  Where it is reasonably necessary to facilitate a house move is an exception to The Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020.

Whilst properties can still be advertised during the lockdown period we recommend that you adhere to Government guidance and do not allow viewers into your home.  Your estate agent should be able to conduct virtual viewings if necessary.

The McKinstry Company wish to assure their clients that they are continuing to progress the necessary conveyancing formalities to ensure that when the legal and practical aspects of moving have resumed you are in the best position to move as soon as it is safe for you to do so.

Should you have any concerns regarding the selling or purchasing of a property in the current climate please contact our residential conveyancing team on 01292 281711.

Kirsty McDonald

Solicitorkirsty-2

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Some of our happy clients
  • All very prompt, efficient, clear, friendly and personable. Not overwhelming with legal jargon. Many thanks for making the process of setting up a will so straightforward.

    Mrs D, Troon
  • We required our Wills to be amended and that was done without any problems whatsoever.

    Mrs F, Ayr
  • Very business-like and helpful

    Mr M, Ayr
  • I was very impressed with the professionalism shown by all members of staff I had any dealing with. All calls and emails were relevant to the sale of my flat. All questions I had were dealt with at the time. For any further legal matters I will certainly be using The McKinstry Company

    Mr H, Ayr
  • Excellent service most happy with attentiveness and customer service.

    Mr F, Condorrat
  • Nat & Libby efficiently dealt with every question I had.

    Mrs K, Ayr
  • Kirsty understood our weird schedule when we were often 8 hours behind UK time, and simplified things for us by liaising via email. She was extremely approachable and dependable. In Kirsty’s absence, Jodie and Nathaniel would step in and communicate with us, and were very helpful too.

    Mrs N, Ayr
  • Great service and always on hand to answer our questions. Prompt and efficient response.

    Mr H, Ferniegair
  • Questions and communication were answered promptly

    Mr W, Sinclairston
  • Speaking from my own personal experience I was perfectly happy with the service I received. Everything was done to my satisfaction.

    Mrs I, Largs
  • Very efficient, timely and very mannerly on the phone

    Mr McN, Mauchline
  • The service was superb.  Kirsty and team were extremely helpful.

    Mr and Mrs R, Ayr
  • First class service from start till finish. Always there to give help and advice.

    Mr R, Ayr
  • Great service and advice from a good professional company.

    Mr R, Kilmarnock
  • Excellent, very friendly and professional. I will be using you for all my property transactions in the future!

    Mrs S, Godstone
  • My case was handled sensitively and smoothly.

    Mr N, Ayr
  • Everyone concerned in the sale of our property was very efficient and kept us up to date with all happenings.

    D Ferguy, Cookstown
  • Great service.  Would recommend you to others.

    Mr S, Kirkmichael
  • Communication was always available when required. Made me feel confident throughout the process.

    Mr L, Ayr
  • Always replied or phoned back when I needed my questions answered.

    Miss McF, Patna
  • A very prompt and friendly service, a pleasure to deal with.

    Mr R, Aberdeen
  • Robert was very supportive.

    M Carruthers, Kilmarnock.
  • Great, Rebecca was very pleasant to deal with and went out of her way to help with our case

    S Everett, Kilbarchan
  • The solicitor / paralegal I was dealing with was very professional and performed to a high standard. I was very impressed.

    B Ferguson, Methil
  • Local firm, word of mouth good reports.

    K Rooney, Glasgow
  • All queries were dealt with in a prompt and professional manner and I was kept informed of progress as events developed. Thank you very much for making a difficult situation much easier to deal with.

    Mrs McG, Ayr
  • Communication via telephone and email was regular, prompt and comprehensive. All queries and questions were answered with no delays or problems. My experience with the McKinstry Company was pleasant and smooth.

    Mr McK, Ayr
  • My family and I received excellent service from everyone with whom we had contact. The service was of the highest standard and, as I have in the past, I will continue to recommend the company to anyone seeking legal assistance.

    Mrs S, Ayr
  • All emails and calls were dealt with promptly. Very impressed. Very very pleased with service.

    Mr and Mrs H, Hull
  • I enjoy the friendly atmosphere. Very professional.

    Mrs A, Ayr
  • Mr Honeyman was very professional and knowledgeable which made us feel reassured. Very happy with the service and if I needed a solicitor again I would get in touch.

    Mr B, Ardrossan
  • Prompt quick efficient communication.

    Mrs K, Cumnock
  • Ease of making appointments and timescale for completion of business all good.

    Mr & Mrs T, Maybole
  • Gave reassurance and comfort at a stressful time. I felt ten times better after our first meeting and support provided ultimately exceeded my desired outcome.

    Mr N, Saltcoats
  • The supportive way that the advice was provided along with the willingness to fit appointments in with our requirements

    Mr R, Ayr
  • The whole process was handled with upmost professionalism throughout.

    Mr McN, Kilwinning

We’re delighted to welcome you back!

We are open from 1st July by appointment. We will be restricted to executry and matrimonial clients. Social distancing measures will be in place.