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Defining What Conveyancing Is?

By: Steve Ecclestone


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For most people, this may be the first time that they have actually heard the term “Conveyancing”. Defined technically, Conveyancing is the act of Conveyance and Conveyance is the transfer of a legal title in one person’s name to another. It is usually done under the supervision of a lawyer or a notary republic. Conveyancing is necessary when a person is purchasing a piece of property that is under the title of another.

Conveyancing can sometimes be tricky because the buyer has to ensure that he is purchasing a property from a person who has a legal right to sell it and if it happens that the person doesn’t; it will inevitably result in making the purchase and title transfer null and void (ineffective) and also cause the buyer a lot of problems and court tie ups. Therefore, it is extremely important that both parties should be deemed legal and capable of selling the property in question.

The two major events in Conveyancing are: Exchange of Contracts and Completion. These two events effectively divide the act of Conveyance into three stages:

1. Before Contract Exchange

2. In Between Exchange

3. Completion and After Completion of Exchange and Contract.

All these parts and stages are crucial in ensuring that Conveyancing is done legally and that both parties (the Seller and the Buyer) are satisfied. During the first stage of Conveyancing which is – Before the Exchange of Contracts – both the buyer and the seller need to ensure that all the aspects of the contract are acceptable to them. At this point, it is also crucial that buyer determine that the funds used to purchase the property are readily available. This is the time where the buyer has to be sure of his cash availability, or a pre approved bank mortgage should be done prior to going into any further negotiations.

As stated earlier, the buyer also has to makes sure that the seller has the legal rights to sell the property in his or her name. A diligent cross checking from the official registry can be helpful in determining ownership.

In the second stage of Conveyancing – In Between Exchange and Completion – the parties involved have to make the final arrangements and to see if all the documents are accurate. If there are any parts of the contract that need editing, that is done so in this stage. With the Final Stage – After the Completion of Exchange and Contract – comes the legal proceedings; these include registration in accordance to the rules of the locale in which the Conveyance of property title was performed.

Conveyancing is a legal process that needs to be taken seriously because most of the time, it involves not only the exchange of titles but also of large sums of money. The act of buying a home is a major life decision for a majority. The hard earned money for the purchase of the home or the long term mortgage merits safe conveyancing practices at all times. This will also ensure that both parties are fully satisfied with the deal.

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Hunter writes articles for Stirling Legal Services providing ATE Insurance and Real Compensation No Win No Fee Solicitors



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