Conveyancing: Understanding What it Is
Legally speaking, conveyancing refers to the transfer of a property’s legal title from one person to another. It could also mean granting additional burden on someone through a lien or mortgage. There are two main markers when a typical conveyance occurs between two parties. The first one is the exchange of contracts wherein the equitable title passes from one person to another. The second one is the completion phase in which the legal title is passed from that same person to the other.
Maybe you’re wondering if there’s a difference between equitable and legal title. The truth is there is a wealth of difference between these. As the buyer, you would receive the property’s equitable title first at the initial phase of the conveyancing. That means all benefits and enjoyment possible through the property would be handed to you. However, when the seller hands the legal title to you, that’s when you assume all duties and responsibilities related to the maintenance and control of the property.
Generally, the process of conveyance goes through three stages. It commences once the equitable title is handed over to the buyer. Then, it goes through a period of transition. Finally, it ends once the legal title is transferred to the buyer. As the property’s buyer, you would do well to verify a few things before the process of conveyancing takes place. You need to check if the property is really the seller’s own. You also need to verify if the seller does have the right to sell the property. Lastly, you need to ensure that you won’t be faced with legal hurdles in case you decide to sell the property to someone else or decide to take up a loan against it.
Conveyance is critical, as it protects the buyer from legal impediments. The buyer is given the assurance that the legal rights to the land would come attached to the property’s title. If you happen to live in Australia, you should be aware that conveyancing is in effect in most lands there. A buyer has the prerogative to take on the responsibility involved in the conveyance alone. Nevertheless, it would be a good idea to work with a licensed conveyancer or a solicitor, as there are various state and council laws, as well as processes, that need to be followed.
Since a licensed conveyancer’s work would involve title search and the underpinning of other legal documents, you should give the person at least 4-6 weeks to work on everything. Moreover, the conveyancer would also handle other things like the fees and charges, encumbrances and restrictions, and checking the taxes. Getting the services of an expert is the wisest thing to do to ensure that you’re not leaving any stones unturned.