In the fourth of his weekly series, Ed Molyneux introduces the concept that should shape how every conveyancing firm thinks about AI: the judgment line, and which side of it your work falls on.

Over the past three weeks I have written about what AI can do, where it fails, and why provenance is the foundation that makes any of it trustworthy. But there is a question I have not yet addressed directly, and it is the one that matters most to practitioners: what does this actually mean for the work I do every day?

The answer starts with a line. I think of it as the judgment line, and once you see it, you cannot unsee it.

Intelligence and judgment

Every task in a conveyancing transaction falls on one side of this line. On one side sits intelligence work: gathering, reading, cross-referencing, checking, flagging, tracking. On the other sits judgment work: advising, negotiating, deciding, exercising professional discretion. The intelligence side is about assembling a complete and accurate picture. The judgment side is about deciding what to do with it.

Consider title review. Reading the register entries, identifying the class of title, extracting restrictive covenants, checking the title plan against the property description, cross-referencing against the seller’s TA6 responses. This is intelligence work. It requires accuracy and thoroughness, but it follows knowable rules. A covenant is there or it is not. The title is absolute or qualified. The plan matches the property or it does not.

Now consider what happens when you find a restrictive covenant prohibiting alterations, and the seller has built a rear extension without consent. Advising the buyer on the risk, assessing whether 20 years of open breach amounts to implied waiver under the principles in Hepworth v Pickles, deciding whether to rely on indemnity insurance or require the seller to obtain retrospective consent, negotiating the terms with the seller’s solicitor. That is judgment. It requires understanding of the client’s appetite for risk, knowledge of the specific covenant’s enforceability in context, and professional experience that no system can replicate.

Where the line sits in practice

The useful thing about this framework is its specificity. It is not an abstract philosophical distinction. You can draw the line through your own caseload.

Checking a lease term against lender requirements and flagging that 68 years remaining falls below most lending thresholds: intelligence. Advising the buyer on whether to negotiate a lease extension as a condition of purchase, assign the benefit of the seller’s existing notice, or seek an indemnity and accept the risk: judgment.

Extracting the ground rent provisions from a lease and calculating whether the rent review pattern meets the criteria for an assured shorthold tenancy or triggers concerns under the Leasehold Reform Act: intelligence. Advising the client on how this affects their mortgage options and the property’s future saleability: judgment.

Compiling search results across local authority, environmental, drainage, and mining reports and identifying that the property falls within Flood Zone 2 with a history of planning applications within 250 metres: intelligence. Deciding which of those findings are material to this particular buyer with this particular mortgage offer and this particular intended use of the property: judgment.

Running through the UK Finance Lender’s Handbook Part 2 requirements for the buyer’s specific lender and identifying every point where the property data triggers a reporting obligation: intelligence. Deciding how to present those findings in the certificate of title and what qualifications to include: judgment.

Why this matters now

I estimate that roughly 70% of the work in a typical residential conveyancing transaction sits on the intelligence side of the line. Not the easy 70%, necessarily, but the predictable 70%. Tasks that follow rules, that can be verified against source data, that have right and wrong answers even when the answers require considerable expertise to reach.

That 70% is exactly where AI, built on verified data with genuine provenance, can operate today. Not replacing the work, but performing it to a standard that can be audited, with reasoning that can be traced back to specific evidence.

Conveyancers’ expertise lies in the thirty percent related to the judgment side. And the paradox is this: the more effectively the intelligence work is handled, the more time and mental bandwidth you have for the judgment work that actually requires you. Your clients are not paying for someone to read a title register. They are paying for someone who knows what it means and what to do about it.

 

Next week: why none of this works without a shared system of record, and how the industry is already building one.

About the author

Ed MolyneuxEd Molyneux is co-founder and CTO of Moverly, the property intelligence platform working with LMS and Connells Group to bring structured, verified data to property transactions. He is the architect of the Property Data Trust Framework (PDTF), the open standard for machine-readable property data now being adopted across the industry. Ed writes about AI, property data infrastructure, and the future of conveyancing.

Want to have your say? Leave a comment

Your email address will not be published. Required fields are marked *

Read more stories

Join over 7,000 conveyancing professionals – Check back daily for all the latest news, views, insights and best practice and sign up to our e-newsletter to receive our daily and weekly round ups

You’ll receive the latest updates, analysis, and best practice straight to your inbox.

Features

Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.