Property law and the role of the conveyancer

Posted by Gerdi Fullard on 06 Apr 18


Legal & Insurance
Post list 1

Property law touches on something very basic and emotional: our rights to own, enjoy, use, and dispose of real and personal property and we want to know the extent of our rights. Property comes in all forms: It can be real (involving land) or personal, it can be tangible or purely conceptual, and it can be defined by a relationship (as in landlord-tenant law or mortgage law). Property law allows us to resolve potential disputes between two or more people claiming some right in a valuable interest.

Conveyancing is the process of transferring the ownership of property from one person to another. Licensed conveyancers are specialists in property law and are required to have specific qualifications. This ensures that they are aware of the legal responsibilities and obligations associated with the transfer of property. The paperwork and processes involved in selling a property can be extremely complex and we strongly recommend that you engage the services of a properly qualified, licensed conveyancer to undertake your conveyancing work following execution of a contract of sale.

Your conveyancer will:

  • Complete all relevant documents with the Registrar of Deeds
  • Search the certificate of title and local authorities for anything that may affect the property such as caveats
  • Make necessary enquiries about zoning, titles and rates (water) and adjust rates and taxes
  • Liaise with financial institutions regarding funds required to proceed to settlement
  • Prepare and attend the settlement statement on your behalf

If you have any queries concerning the conveyancing process, contact your conveyancer or, talk to your real estate agent.