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A Quick Guide to Conveyancing – What is it & Why is it Necessary?

Claire Jesse by Claire Jesse
October 4, 2022
in Law
0
A Quick Guide to Conveyancing – What is it & Why is it Necessary?

Conveyancing in Melbourne is a necessary legal process for transferring the title and ownership of a property from one person to another. It is a complex and technical process, and there are a number of important reasons why it’s essential to have a qualified conveyancer to handle it. This article will go over exactly what the conveyancing process entails as well as why the process is necessary when it comes to buying and selling property.

What is Conveyancing?

Conveyancing in Melbourne is the legal process of transferring the ownership of property from one person to another. It involves the preparation and execution of legal documents, the payment of fees and charges, and the registration of the transfer with the relevant authorities. The process can be complex and time-consuming, but it’s essential to ensure that the transfer is legal and protects the rights of the parties involved.

Why is Conveyancing Necessary?

There are a number of reasons why conveyancing is necessary. Some of the most important reasons for conveyancing include:

It Ensures the Legal Transfer of Property

The process of conveyancing in Melbourne generally begins when an offer is made on a property by a buyer and is then accepted by the seller. Once this occurs, both parties will appoint a solicitor or conveyancer to act on their behalf and begin the transfer of the title.

The role of the conveyancer is to protect the interests of the client by ensuring that the property is transferred correctly and that any associated documents are in order. They will also check to see if there are any planning restrictions on the property or if there are any outstanding debts that the buyer is not liable for.

Once all of the checks have been completed, the conveyancer will prepare the paperwork for the transfer of ownership. This will include the contract of sale, which will need to be signed by both parties. The transfer of ownership is then registered at a land registry and the new owner may be sent hard copies of the title deeds.

It Protects Your Rights as a Property Owner

The process of conveyancing in Melbourne protects your rights as the owner of the property by transferring the legal title of the property from the seller to the buyer. This process is completed by a solicitor or conveyancer and ensures that the buyer receives the property free from any claims or debts. Essentially, once the conveyancing and transfer of title is complete, the property is legally yours and this ownership can’t be contested by the previous homeowner.

It Ensures That the Property is Free from Any Legal Encumbrances

The process of conveyancing in Melbourne includes a detailed search of the title conducted by the conveyancer or solicitor. This search will reveal any legal encumbrances on the title, such as mortgages, liens or easements. It is important to ensure that the property you’re buying is free from any legal encumbrances, as if any do exist, you may be responsible for paying off any outstanding debts or legal fees associated with the property. Additionally, if the property is not free from encumbrances, you may not be able to obtain a clear title to the property, which could make it difficult to sell in the future.

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