Getting a fair outcome

What Is the Role of a Conveyancing Solicitor When Purchasing Property?

If you are in the process of buying property, one of the first things you need to do is hire a conveyancer. Conveyancing solicitors help you, the client, to carry out due diligence during the transaction. They understand the processes involved and they also understand the law as pertains to conveyancing. Here's what you can expect from your conveyancing solicitor during the process.  

Check the validity of title, encumbrances & easements

One of the first things your conveyancing solicitor will do when hired is to apply for a land search at the lands registry office. This process will seek to determine if the purported seller is genuine. The land search will produce the legitimate name of the landowner which your solicitor will cross-check with the seller's personal details.

This search will also reveal if there are any encumbrances attached to the land. This includes any claims against the land ownership, boundary disputes as well as easements such as utility lines, gas lines, water pipes and any public paths crossing through the property.

Verify property boundaries

Your conveyancing solicitor will then seek to verify the boundaries stipulated in the title. Conveyancing solicitors will in some cases hire surveyors to undertake such field work. The purpose of this exercise is to ensure that the actual property being sold is not less than or more than what the title reflects. This is important to avoid any boundary disputes not recorded in the title. If it is found that the seller had stretched the boundaries, you will be in a position to re-negotiate or reconsider your bid.

Handle communication

Another duty your conveyancing solicitor will undertake is to consolidate and disburse information to you and the seller through their conveyancer. Your solicitor can also participate in the price negotiations on your behalf. He/she will also relay to the seller any new information that needs clarification, such as easements and encumbrances, if any.

Your solicitor will also deal with your estate agent and that of the seller in regards to payments. Lastly, they are in charge of communication between you and the lands office.

Drafting documents

Your conveyancing solicitor will also be in charge of handling all the paper work involved in the process. This includes applying for a land search, writing to the seller or their solicitor, reviewing sale agreements and vetting final contracts before signing. They will also file mortgage papers to the bank and apply for new title after completion of sale.

Since you may not understand the jargon and processes involved when purchasing property, your conveyancing solicitor acts as your eyes and ears in the process. They ensure that the process is followed to the letter so that your interests and hard-earned money is safeguarded. Learn more about how these solicitors can help by contacting experts such as Convenient Conveyancing.

About Me

Getting a fair outcome

When my friends make lawyer jokes, I just shake my head. Lawyers help our clients to get fair and equitable outcomes in and out of court and there is nothing more Australian than a fair go. With large and small clients coming in with new problems each day, I never quite know what the new day will bring, but that's the great thing about being a lawyer. Legal practise is always changing, always challenging and always rewarding. The one thing that stays the same no matter what the case details is that our focus is on getting the best outcome for our client.