Introduction:
Buying or selling a home is one of the biggest financial transactions most people will ever make. But behind the scenes of the deal is a critical legal process called conveyancing — the transfer of legal ownership of property from one person to another.
Whether you’re a first-time homebuyer or an experienced investor, understanding conveyancing can help you navigate the process smoothly, avoid costly mistakes, and ensure a secure transfer of ownership.
What Is Conveyancing?
Conveyancing is the legal process involved in transferring ownership (title) of land or property. It starts once an offer on a property is accepted and ends when the buyer receives the keys.
The process ensures:
-
The seller has legal rights to sell the property
-
The buyer is getting what they’re paying for
-
All legal requirements and obligations are fulfilled
Conveyancing is usually handled by a licensed conveyancer or property lawyer.
Key Stages of the Conveyancing Process
1. Pre-Contract Stage
-
For Buyers: Your conveyancer will conduct searches, such as title checks, land registry verification, zoning and planning permissions, environmental risks, and more.
-
For Sellers: Your representative will prepare the contract of sale, disclose legal and material facts, and provide any required certificates or reports.
2. Exchange of Contracts
Once both parties are satisfied with the terms, the contracts are signed and exchanged. A deposit (usually 5-10%) is typically paid at this stage. The sale becomes legally binding.
3. Settlement (Completion)
On settlement day:
-
The buyer pays the balance of the purchase price
-
Legal documents are lodged to transfer title
-
Keys and possession are handed over
-
The buyer becomes the legal owner
What Searches Are Conducted in Conveyancing?
Property searches are essential for revealing potential risks or legal restrictions. Common searches include:
-
Title search – Verifies legal ownership and checks for encumbrances like mortgages or caveats.
-
Local authority search – Identifies planning restrictions, zoning, or development proposals.
-
Water and drainage search – Confirms if the property is connected to mains water and sewerage.
-
Environmental search – Assesses risks like flooding, contamination, or nearby landfills.
Why Do You Need a Conveyancer or Property Lawyer?
While some jurisdictions allow DIY conveyancing, the process is complex and involves legal risks. Hiring a professional ensures:
-
Contracts are properly drafted and reviewed
-
Searches and due diligence are thorough
-
Deadlines are met to avoid penalties
-
Funds are securely transferred
-
All legal documents are properly lodged
Common Issues That Arise During Conveyancing
-
Title defects (e.g., unregistered easements)
-
Boundary disputes
-
Delayed financing or settlement
-
Undisclosed property issues
-
Outstanding taxes or utility bills
A skilled conveyancer can identify and resolve these issues before they become deal-breakers.
How Long Does Conveyancing Take?
The average conveyancing process takes 6 to 12 weeks, depending on:
-
The complexity of the transaction
-
Whether it’s a cash or mortgage purchase
-
Delays in searches or responses from other parties
Final Thoughts
Conveyancing may seem like just a legal formality, but it’s one of the most critical steps in any property transaction. By understanding how it works — and working with the right professionals — you can ensure a secure, legally sound transfer of property that protects your investment and peace of mind.
If you’re buying or selling property, don’t leave it to chance. Consult an experienced conveyancer or property lawyer to help guide you through the process.
Need Help with Conveyancing?
Our team of licensed property lawyers is here to assist with seamless, efficient, and legally sound transactions. Contact us today for a free consultation.