Conveyancing Law

December 5, 2011 | posted in: Law Insights | by

Conveyancing law is the arm of the law that deals with the transfer of property from one person to another.

Conveyancing can be defined as the act of alienation of an interest by means of an appropriate instrument or document. There are three main examples of conveyances

  • Transfer
  • Mortgage or charge
  • Lease

Conveyancing covers the various procedures of land transactions while dealing with how negotiations and conclusions of leases, mortgages, charges and transfers should be carried out.

It deals with the various stages of a transaction, before contract, before completion and after completion of the transfer.

A lawyer or advocate should be present during the drafting of the contract or the documents, the negotiation stage and finally the completion stage where it is the work of the sellers advocate to hand over all signed documents to the buyers advocate/lawyer who should register them. The buyers lawyer then goes ahead to pay the agreed purchase price.

Conveyancing is a broad field of law and also involves constructing and interpreting documents for example the agreement between a landlord and a tenant requires to be written to provide details on the condition of the house before leasing and to make clear the conditions of the lease.

Conveyancing law plays a part in several other forms of law including

Land law

Conveyancing plays a huge part in land law but should not be seen as an equivalent of the same.

Conveyancing deals with the practical legal mechanisms by which rights and interests are transferred from one person to another, and land law provides the principles that define rights and interests in land.

Land law gives rise to conveyancing law. The interest in a piece of land gives rise to contractual obligations and hence conveyancing.

Law of equity

This law is relevant to the conveyancing law when it comes to remedies and equitable rights. In the case of land purchases, if the land owner has entered an agreement with one person and then goes on to enter a similar agreement with another person on the same piece of land, the first buyer can go to court seeking specific performance and force the seller to honor the first agreement of sale.

Litigation

Conveyancing also plays a part in litigation. This occurs when the parties that entered an agreement differ on the terms or one party defaults lading into litigation. During the court proceedings, the agreement drafted by the conveyancing advocate may be used as evidence in a court of law.

It is important to have your lawyer present during all transfers, mortgage or leasing transactions to avoid complications and hidden clauses in the agreements that could possibly prevent you from getting your rights.

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