Conveyancing and real estate transfers

There are many permutations of real estate transaction; do all of them need conveyancing? Conveyancing is the work to deal with all of the legal aspects of the transfer of title of a property from buyer to seller. Private sales and transfers of title still require conveyancing, as do most other real estate transfers. Rental and lease arrangements do not require conveyancing, as there is no transfer of title of the property involved.

Types of real estate transfers requiring conveyancing

Most real estate transactions require conveyancing, simply because it is the legal side of transfers of ownership. Even transfers in which no money changes hands, such as transferring title of a property to other family members (children, for example) require the clearing of title and correct completion of all legal documentation to ensure that the transfer is legal and watertight.

Conveyancers also check for caveats (warnings that someone else has a claim on the land), easements (right of access to the land for some purpose such as water pipes or a new road) and clarify the rights of a mortgager (such as transfer of the ownership to them in the event of inability to pay the mortgage), to ensure that all parties are aware of these things.

The main types of real estate transfers which need conveyancing include commercial and residential property settlements (for buyer and seller), subdivisions and developments, related party transfers (transferring title of a property to other family members), vacant land settlement, strata titles, change of name or title, and survivorship or transmission applications (passing on of property upon the death of a title holder).

What isn't conveyancing?

Conveyancing refers only to the actual transfer process, once a deal is made, and not to any negotiations before this. It deals with the legal aspects of the actual transfer of the property, and can only begin once the contract has been agreed to by both parties.

Conveyancing can, however, sometimes continue after the transfer of ownership of the property is completed. When problems related to this arise after the completion of the transfer, the conveyancer may be required to rectify these problems.

Conveyancing real estate transfers

All transfers of real estate require conveyancing, because conveyancing is the legal aspects of the process of transfer. It begins only when the deal is finalised, and conveyancers are not involved until the contract is ready. In any real estate transfer it is generally highly recommended that you use the services of a professional conveyancer registered with the Australian Institute of Conveyancers, as trying to do this complex legal work yourself can be risky and ultimately potentially very costly and disappointing if something goes wrong.