What is a Conveyancer
In law, Conveyancing is the transfer of title of property from one person to another, or the granting of an encumbrance such as a mortgage or a lien.
A typical Conveyancing transaction contains two major landmarks: the exchange of contracts (whereby equitable title passes) and completion (whereby legal title passes). Conveyancing occurs in three stages: before contract, before completion, and after completion.
A Buyer of Real Property must ensure that he or she obtains a good and marketable ‘title’ to the land; i.e., that the seller is the owner, has the right to sell the property, and there is no factor which would impede a mortgage or re-sale.
A system of conveyancing is usually designed to ensure that the buyer secures title to the land together with all the rights that run with the land and is notified of any restrictions in advance of purchase. In most mature jurisdictions, conveyancing is facilitated by a system of land registration which is designed to encourage reliance on public records and assure purchasers of land that they are taking good title.
Conveyancers are responsible for tracking the progress of the transaction, counseling the represented party, researching the property in relation to local governing bodies, protecting clients’ assets, conducting meetings with mortgage lenders and the other parties involved in the transaction, and drafting the terms of the sale or purchase of the property. Clients indicate what they would like to happen concerning property purchase or sale, and the Conveyancer counsels them and puts their desires into action.
Conveyancers are trained in Property Law and are specialists there to help ensure the legal transfer of the property with minimal risk to the represented client. Risk is lowered through the consistent diligence of the Conveyancer, who manages all legal portions of the transaction and represents the client. The client relays his or her instructions through the Conveyancer, who then acts on behalf of the client.
The Conveyancer also completes general conveyancing processes, performs searches, and draws up legal documents. Because Conveyancing differs from state to state, the requirements for these three categories can be different. In New South Wales, licensure occurs under the Conveyancers Licensing Act. New South Wales has enacted a great deal of legislation and regulations that affect the sale and purchase of property and/or land over the last century. Consequently, the Conveyancer will be familiar with these laws and will be up to date on new legislation that might affect the Conveyance process. A licensed Conveyancer will either have taken a Conveyance course or will hold a law degree. New South Wales requires that Conveyancers consistently renew their licences, which means that your Conveyancer will be up to date with all the relevant information.
There is a significant amount of legal information that Conveyancers need to know. It is their job to know that information so you don’t have to and in order to assist you in your transaction, whether you need legal documents pertaining to the sale, lease, mortgage, or purchase of property or land, or whether you need them to represent you throughout the entire transaction. A Conveyancer also provides legal counsel and accomplishes any legal work associated with real or personal property or land. In New South Wales, these Conveyancer duties are enumerated in the Conveyancers Licensing Act 2003, available for public perusal.
The Conveyancers Licensing Act has a generally broad definition of what it means to be a Conveyancer and what duties they can perform. A Conveyancer may perform any duty as it relates to the property transaction. Sometimes this means that Conveyancers can accomplish a wide variety of tasks that you may think would be prepared by other lawyers: for instance, preparing an Enduring Power of Attorney. If a Conveyancing requires, for whatever reason, an Enduring Power of Attorney to be drafted, then the Conveyancer, under the Act, has the power to draft one only so far as it is related to the property transaction.
Conveyancers have a wide experience in legal work and also have a wide list of duties that they can perform. Whatever your needs regarding your property transaction, our Conveyancers can help.
Platinum Lawyers are a Professional Conveyancer in Sydney specialising in Conveyancing. Conveyancer Sydney.com.au is a division of Platinum Lawyers (NSW) Pty Ltd.
Our Location
Suite 502, Level 5, 75 Castlereagh Street
SYDNEY NSW 2000
Ph (02) 8084 2764
