You may have happily proceeded through your Conveyancing life without the sniff of anything remotely like a defect in the title to the house you are buying or selling.

Conveyancing Solicitors define a defect in title as not just as a problem with the legal title to the property.

Defects can also involve a lack of documentation for building works carried out to the property, which recently includes electrical work and new or replacement windows fitted to the property.

A possible "defect" might be the property may be vulnerable to something called Chancel Repair Liability.

It might be that in Conveyancing terms you have been naughty (however unwittingly) in contravening special conditions relating to your property which are called covenants. These covenants fall into two categories.

Firstly, and more commonly, restrictive covenants e.g. can restrict your ability to add or amend the property without a third party's consent, or even in extreme cases an absolute ban on doing anything to the property.

Secondly, positive covenants where the Seller of a property has failed to carry out an obligation e.g. to maintain a fence or boundary.

Another defect in title may involve lack of documentary evidence of rights to use a neighbouring footpath, a lane or even a road.

What Happens When A Defect is Discovered?

A Conveyancing solicitor's first port of call where such defects are discovered is to ask for the defect to be rectified.

Where a document is missing, say a death certificate, the process is simple. You ask for a copy or approach the relevant Probate Registry if one cannot be located.

Where there is evidence of a long standing usage of a footpath for example, the Seller may be asked to swear a document known as a Statutory Declaration. The Statutory Declaration will detail actual personal knowledge of circumstances which have existed over time.

Some situations, however, may require fresh deeds to be drawn up-no prizes I'm afraid for guessing that such documents are called Deeds of Rectification.

The difficulty in modern day Conveyancing is that the time taken to track down relevant parties or to seek permission for works carried out many years ago can be very time consuming and costly.

This is where Conveyancing Solicitors turn to Insurance Companies. The Insurance Company will issue a Defective Title Indemnity Policy to cover the defect.