Conveyancing practitioners and buying property2018-10-24T11:07:37+00:00

Buying property? Then you’ll need a conveyancing practitioner. But what is a conveyancing practitioner?

If you’re buying or selling real estate will you need the legal services of a conveyancing practitioner? In this article, your Auckland lawyer explains what a conveyancing practitioner does and why you need one for your property transaction.

Buying a first or new home is one of life’s greatest joys – it’s also a big step and probably the most significant financial transaction most people will ever make. So, it’s not something to be dealt with lightly. However, before you can take possession of your new property and move in, you have to ensure that the process of transferring legal ownership of the property to you is completed properly. This legal process of transferring ownership of land or property from one person or entity to another is known as ‘conveyancing’ – and you need the help of a qualified conveyancing practitioner to facilitate the process for you.

At the high level, we can summarise conveyancing as changing the ownership on a property’s Certificate of Title, registering a mortgage (for buyers) or discharging a mortgage (for sellers), and transferring cleared funds from the buyer to the seller. While that might sound straightforward enough, there’s actually a whole heap of legal processes and paperwork that needs to happen behind the scenes before everything is done and dusted. And it needs to happen correctly otherwise it could even cause the whole deal to fall through.

What is a conveyancing practitioner?

Your conveyancing practitioner can be either:

  • A conveyancing solicitor or conveyancing lawyer – in other words, a fully qualified legal professional with extensive training in many aspects of the law who is able to offer the full range of legal services, in addition to conveyancing; or
  • A licenced conveyancer – in other words, someone who specialises in the transfer of property ownership. While a licenced conveyancer is specialised in property, they can’t deal with any other complex legal issues.

Irrespective of whether your conveyancing practitioner is a licenced conveyancer or a conveyancing solicitor or lawyer, they will handle all the legal aspects of your property purchase or sale for you.

However, a property deal is often quite a complex process, and there can be all manner of surprises and complications lurking in the process. For example, if there is a dispute over a property boundary, if the transaction involves a tricky lease arrangement, or perhaps the sellers are in the process of a relationship break-up.

In such cases it’s advisable to use a fully qualified solicitor or lawyer as your conveyancing practitioner. After all, if you’re using a licenced conveyancer as your conveyancing practitioner and another legal issue pops up during your property transaction, they would have to refer you to a solicitor or lawyer to deal with the matter.

Your Auckland conveyancing practitioners at Remuera law firm Quay Law are also fully qualified conveyancing lawyers with extensive training in many aspects of the law, not just property law, which can be very handy if any other legal issues should pop up during the conveyancing process.

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Conveyancing practitioners and buying property

Why do I need a conveyancing practitioner?

A property deal is never just a simple buy-sell transaction. There’s a complex web of relationships – for example, the respective banks of the seller and buyer, their mortgage brokers and insurers, their estate agents, the local authorities – and they each have their own special requirements that have to be satisfied before the property transaction can be successfully concluded.

It’s the job of the conveyancing practitioner to manage all these relationships and ensure that each party’s requirements are met before the transaction can be completed. The service you receive from your conveyancing practitioner during your property purchase can make a huge difference to how easy or difficult the whole process is for you.

Your Quay Law conveyancing solicitor in Auckland will handle all the legal aspects of buying or selling a property for you, from dealing with the purchase and sale contracts and doing local council searches to liaising with the banks and transferring the funds to pay for the property.

What does a conveyancing practitioner do?

Property Sale, Property Purchases, Property Refinance, Tenancy Agreements, Leases, Mortgages, Building Contracts, Subdivisions, Cross Leases, Unit Titles and more.  Your Quay Law conveyancing lawyer in Auckland will handle all the legal aspects of buying or selling a property for you.

Talk to your Auckland conveyancing solicitor ASAP

If you’re in the process of buying or selling a property, don’t hesitate to get in touch with your Remuera conveyancing solicitors at Auckland law firm Quay Law as soon as possible. Our conveyancing solicitors are fully qualified and experienced in all conveyancing matters. In fact, we pride ourselves on taking the stress out of your property purchase by managing your property transaction for you from start to finish – and we’ll keep you fully informed of what’s happening throughout the process. So get in touch with us today.

Contact a Property and Conveyancing Solicitor

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Please fill out the relevant conveyancing quote form above.

Quay Law looks forward to advising you on any conveyancing matters. We look forward to being in touch with you soon.

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        Some common forms of property ownership in New Zealand are included below.

        This represents a form of freehold ownership and in essence represents absolute ownership of the property.  Still have questions?  Please connect with our conveyancing lawyers for a no obligation discussion.
        This is a form of property tenure where one party buys the right to occupy land or a building for a given length of time. Until the end of the lease period the leaseholder has the right to remain in occupation as an assured tenant paying an agreed rent to the owner.  If you still have questions, don’t hesitate to be in touch with our Auckland conveyancing lawyers.
        This is a hybrid form of multi-unit tenure in which each owner has an undivided share of the underlying freehold as tenants in common, and is granted a registered leasehold estate of the particular unit or flat occupied. Effectively the property owners share ownership of the land and each owner leases their building from the other owners, which together form the cross lease title.  If you still have questions, don’t hesitate to be in touch with our conveyancing lawyers.
        Under the Unit Titles Act 1972 the deposit of a unit plan has the effect of creating in each unit (usually multi-unit dwellings, shops, offices or industrial premises) a new kind of statutory estate called a stratum estate in freehold, or a stratum estate in leasehold, depending on whether the land which was subdivided into units was freehold or leasehold. Still have unanswered questions?  For a no obligation discussion, call a conveyancing lawyer.

        Our Auckland lawyers are able to provide you with a conveyancing fee quote and have assist many families with their loan | refinancing requirements.

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