In order to properly understand why a simple conveyancing transaction can become extremely complex, it is important to understand the nature of real estate itself.

Real estate is permanent – Land cannot be moved, hidden or destroyed.  These features make real estate extremely valuable, and are also the reasons why real estate represents one of the best forms of security.  When a bank lends money, it accepts real estate as security for a loan. The documents evidencing the security are called a Mortgage. Even if the owner of the real estate flees the country, dies, refuses or is unable to pay back the loan the bank having a “registered interest" in the land is entitled to sell that interest in order to recover the loan money plus any other costs or expenses that it has incurred because of the owners default under the loan.

A Mortgage is just one form of security where the Bank’s interest can be registered over real estate’s title. There are many other forms of interest in real estate that can be secured by means of a Caveat, an Easement and/or a Covenant.  It is part of the role of the law firm providing the conveyancing services to ensure that the title to the property is transferred or "conveyed" to the new owner free of any interests, or in the event that the property cannot be conveyed free from an interest,(such as Easements and Covenants), the Buyer needs to be alerted to such interests as part of the conveyancing process.

Given that conveyancing is the process of transferring ownership of real estate from one person to another, the "conveyance" itself does not begin to take place until such time as a property sale has taken place.  It is only after the "sale" is contracted that the buyer acquires the right to commence moving toward the transfer (or conveyance) of ownership.

Having said that, the process prior to this, which includes the drafting of the written legal document, or Contract setting out the terms and conditions of the sale, is considered a legal process (as opposed to a conveyancing process).  It is this legal process that actually creates the legal relationship binding the two parties and giving rise to legally enforceable rights.  In most cases the "sale" documentation is drafted by the Sellers Real Estate Agent using legally approved Contract documentation.

However it is very important for both Sellers and Buyers alike to be aware as to their obligations, responsibilities and the consequences of the rules associated with selling and buying real estate. In many cases, Sellers and Buyers do not obtain legal advice prior to executing a Contract and as such are often caught unaware of their rights, obligations and/or the need for special conditions to be included in the Contract in some circumstances.

As North Lakes Conveyancing is a specialised division of Colavitti Lawyers responsible for the conduct of conveyancing matters, our role extends beyond merely completing the "conveyancing" component of the matter.  We carry full responsibility for the clients' legal wellbeing and financial safety throughout the legal and conveyancing process.  This means the provision of legal advice regarding pre-contract procedures, contractual obligations and looking at the precise nature of the relationship between our client and the other party. 

It is both our duty and our purpose to provide legal advice to our clients not only in relation to the conveyancing process itself, but the legal process that gives rise to the conveyance, and to give our clients the full benefit of our knowledge, skill and expertise.  Conveyancing can be a very simple and straightforward process when all parties are aware of their rights and obligations from the pre-contract stage onwards.  For this reason, we recommend either engaging your lawyer, or at the very least seeking legal advice, prior to signing a Contract.

The smallest of technical problems can result in a "simple" conveyancing matter spinning out of control.  The skill in properly completing a conveyancing transaction is to ensure that it is on-track right from the start and in anticipating potential problems, legal and procedural and addressing them before they materialise.