June 1, 2017

What is Conveyancing?

Life is changing. You’re finally ready to buy your first house. But you have a question. What is conveyancing, anyway?

You can use Google to get a Wikipedia definition:

“In law, conveyancing is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or a lien.”

Great… but what does it mean, in plain English?

If you wish to purchase property, or sell your home, in Queensland you must go through the conveyancing (transfer) process.

Conveyancing includes every step in the purchase, or sale, of a home. It is always recommended that you ask a lawyer to do your conveyancing for you. If complications occur, you can rely on a lawyer to give you legal advice on the best course of action. Because the lawyer already knows your circumstances, this is a cost-effective approach.

There are a variety of complex laws and processes that must be taken into account. Trying to it yourself is not the best use of your time. Especially when you are caught up with having to move house.

Your lawyer will check to see if there are any restrictions on the property, ensure that the appropriate taxes have been paid by the seller so that you aren’t left having to pay, and prepares all of the legal documents. The conveyancing process also involves searches, which is often the longest part of the process. Ask your lawyer as to the most appropriate searches for your future property. All rights and titles must be verified in the seller’s name before a sale can occur.

This checking of the rights, titles, and paperwork transfer is all a typical part of the conveyancing process. Your conveyancer can walk you through all of the specific details, including everything that is involved in a full title search.

So what is conveyancing?

It is your safety net, your double check that all paperwork is in order, and your legal guidance to buying or selling your home.