Conveyancing is the legal transfer of title to land from a willing vendor (seller) to a willing purchaser (buyer). It is a non-adversarial task. In NSW there are two professional groups whose job it is to do this work – licensed conveyancers or solicitors. Otherwise there are a growing number of those who are DIY Conveyancers as no great legal skills are involved.
Conveyancing is an administrative task which recognises extraneous problems which can affect land and ensures that the consequences of these problems are recognised and accepted or modified by agreement between the parties.
Conveyancing comes from the word ‘convey’. ‘Conveyance’ – the act of conveying; the act of bearing, carrying or transporting; transmission; transference; transmitting or transferring of property from person to another; the document by which property is transferred. A ‘Conveyancer’ is one whose occupation is to draw conveyances of property, deeds, etc. ‘Conveyances’ were deeds which were specific to particular properties with no one conveyance being identical with another. Whereas a Transfer is a generic(all of a kind) document.
Today, with the advent of the Torrens title system in which the State guarantees the title, conveyancing has become administrative rather than ‘legal’, although there are other consequences to the ownership of land, such as zoning, drainage etc., which can have ‘legal’ consequences. As our society has become more litigious and blame is sought to be placed elsewhere should things gowrong, property conveyancers and solicitors must have professional indemnity insurance. DIY Conveyancers rarely have this problem and are self-insured.
A Buyer (purchaser) of a property follows a different procedure to the Seller (vendor) and even though the process is non-adversarial, convention has it that buyer and seller are represented separately (work creation?). In a transaction between related parties there is no need to abide by this convention.
The are 2 ways you can sell or buy a property
- By using a solicitor or licensed Conveyancer or
- By using one of our DIY kits listed on the left side of the screen
- DIY Purchaser Conveyancing Kit if you are buying
- DIY Vendor Conveyancing Kit if you are selling
- DIY Combined Purchase Vendor Kit if you are doing both