What is Conveyancing in Australia?

What is Conveyancing in Australia?

What is conveyancing in Australia? Before we delve into the conveyancing process, we should understand how it evolved.

The transfer of real property is based on the Torrens system invented by Sir Robert Torrens. The Torrens system was first implemented in South Australia in 1858. The Torrens system created certainty to title of land by the registration process of the title deed. The transfer is lodged with the titles office and you become the registered owner.

Other States in Australia soon adopted and implemented the Torrens system.

Conveyancing is the process of transferring ownership of property from the registered owner or entity (such as a Company or Trust) to the buyers free of encumbrances except for the ones to remain registered on the title, (such as convenants and or easements). Generally the buyers bank will also have a mortgage instrument to be registered to secure their interest in the property.

The conveyancing process varies from State to State in Australia.

The legal term for the process to undertake the transfer of property is conveyancing.

What is a Conveyancer?

In Queensland, conveyancers operate under a Solicitor in a law firm Licensed conveyancers are not able to practice on their own account. All conveyancing in a law firm will be conducted by conveyancers with years of experience and expertise.

Senior conveyancers manage their own client portfolio autonomously and undertake the settlement process from start to finish.

It is recommended that you engage an experienced conveyancer to act on your behalf in your sale and purchase.

What does a Conveyancer do?

Your conveyancer is responsible for the undertaking but not limited to the following:

  1. Land searches;
  2. Searches of council rates, water rates, land tax, building and plumbing records, ppsr searches, bankruptcy searches, contaminated land searches (vacant land), transport noise corridor searches.
  3. Review and perusal of the Contract.
  4. Preparation of transfer documents, lodgment, and payment of stamp duty.
  5. Condition confirmation.
  6. Calculation of settlement figures;
  7. Liaison with mortgagors, mortgagees, brokers, and bankers,
  8. Settlement attendance in person or via the PEXA portal.

The above is by no means the complete functions your conveyancer will complete on behalf of their clients.

You should appoint your conveyancer if and where possible prior to signing of any contract to sell or purchase property. This gives your conveyancer an opportunity to review the contract and conditions which have been included by the sellers and buyers.

Queensland is a buyer beware state, so engage the services of a conveyancer.

Conveyancing fees will vary from firm to firm and you can obtain quotes online.

The conveyancing quote should include:

  1. Conveyancing fee inclusive of GST;
  2. Disbursements to be charted (if any);
  3. Detailed anticipated property search charges, including rates and taxes;
  4. Settlement agent fee if the transaction is not being completed by the PEXA electronic portal.
  5. Stamp duty and registration fees;

If you are looking for the services of a conveyancer to assist you in the sale and purchase of your property remember North Coast Law.

Obtain your free conveyancing quote here