Conveyancing: The Basics

Conveyancing is the process of transferring title of land when it is sold. Though it may sound simple, conveyancing is an area of law that must be practiced with precision. The job of a conveyancer goes beyond changing titles at the Land Registry. Conveyancing is an essential part of a home buyer’s due diligence in purchasing a new home. The conveyancer plays a key role in the transfer of property, so what does the process look like?

First Steps of Land Transfer

Before the conveyancing process can begin, the conveyancer must first confirm the identities of the seller and purchaser. They’ll carry out checks on the land title of the property being transferred and make sure there are no concerns. This due diligence will make sure there are no liens on the property, outstanding strata fees or unpaid property taxes the buyer is unaware of.

Importantly, conveyancers for the purchaser will often oversee or check that the relevant inspections of the property have been carried out. Generally, these inspections will vary based on the nature of the property, for instance, if it is commercial or residential land. These early steps will make sure the land is ready for transfer, preventing unpleasant surprises for the purchaser.

Preparing the Purchaser’s Documents

To move forward with the conveyancing process, there are a number of documents that will be prepared by your conveyancer. Usually, these documents will all be prepared for signing at one appointment for the convenience of the buyer. The signing appointment is an important part of any home purchase because it gathers all the relevant information in one place to be finalized, and provides an opportunity for the buyer to ask any legal questions. Usually, your conveyancer will go over the information in each document, making sure nothing is misunderstood by any party.

The documents necessary for conveyancing include all the details surrounding the financing of the property needed to complete the transfer. The purchaser’s documents that are most commonly prepared for residential conveyancing include:

• Mortgage documents
• Insurance documents
• Tax documents
• Bank draft for balance of the down payment

The seller has a different set of forms which must be completed. These documents also include tax details, but the most important document is the Freehold Transfer document. This document will effect the transfer of the land title from the sellers to the purchasers.

The Final Report and Filing

After all the documents have been signed, the buyer and seller’s conveyancers will exchange documents and draft a report to confirm all the documents are completed correctly and ready to be filed. This report includes the details of the transfer including tax and mortgage information. Most importantly, it includes the buyer’s certificate of payment.

Once the report is complete, your conveyancer will file with the Land Registry to transfer the land title. After the transfer has been registered and the sellers have been paid, the conveyancer and realtor will arrange possession. Finally, the conveyancer will order the Title Certificate for the property from the Land Title Office as proof of the transfer.

Summing up, conveyancing is an incredibly important final step in purchasing a home. Of course, attention to detail is key in ensuring an efficient and stress-free transfer of the land title. If you are buying or selling your home and need conveyancing support, contact an experienced lawyer today for a free consultation. We’ll make sure everything is in order for an easy transfer of title.

Have a question about this topic or a different legal topic? Contact us for a free consultation. Reach us via phone at 250-888-0002, or via email at info@leaguelaw.com.