English house sale from Scotland - witnessing documents

[ConveyancingQuery]

We live in Scotland but are currently selling a house in England. The buyer's solicitor has asked for us to sign a document about access to the property and that this be witnessed by a solicitor. When we have asked for clarification we have been told by the buyer's solicitor that this needs to be done in England. Is this likely right? England is a 5 hour round trip away plus a ferry crossing! Should it be OK for us to find a dual qualified solicitor in Scotland? If we were in Aus/US would we really need to come back for this? Our solicitor has contacted them again but we are waiting for a response. I'm keen to work out if we really need to drive to Carlisle right before Christmas! Thanks in advance for any help.

How on earth would they know where it had been signed?

As in you could say the solicitor came with you to Carlisle but they wouldn't know should they? Seems a bit mad.

Well yes, it does seem crazy. I'm guessing they won't just take our word for it we were on English soil if our solicitor's address is given north of the border though, more's the pity! Like I say, if we'd moved to Australia surely there would he a work around?

We asked if a Scottish solicitor could witness it, expecting either the answer yes or another sensible solution such as financial advisor, notary, international/English qualified solicitor. Our solicitor has just told us "The buyers solicitors require the statutory declaration to be sworn in England" We've questioned it again but are trying to work out if we both need a day off work to go on a jaunt to England!

I may be wrong but where a document is signed will determine what jurisdiction any subsequent dispute that arises is dealt with.

So it seems to me that they want it signed in England, so as to avoid something falling to the Scottish courts.

As i understand it Scottish law in property, differs quite a bit from English law.

Your solicitor should be explaining the situation to you.

Find a solicitor in the English side of the Border eg Carlisle and see if they'd do it via Teams or Zoom?

There is always a workaround. They simply haven't thought hard enough.

I do hope so. We are going to ask if either a notary or a cross qualified solicitor registered with the Law Society (England) but based in Scotland could do it. I really can't see what justification there might be for refusing the latter in particular. It's just to witness our signature so I can't understand why physically being in England would matter/have any impact on any later issues. The lawyer would be working for us under the English system. That said IANAL (obviously ).

Really stressed out about it now as we need things moving along and with 10 days until Christmas/busy work schedules the prospect of both of us needing to take 6 hours to go to England is a lot! A 3 hour round trip to Glasgow would be somewhat more palatable.