Wednesday 19 April 2017

Property Conveyancing Contract Phrases Explained


Whether you are buying, selling or renting a property, one thing is for sure that you will come across a lot of terms, phrases and names. These phrases are used throughout the process and it is unlikely that you know what each one actually means. Property contracts are hard to understand, which is why it makes good sense to hire a property lawyer to help you navigate through the process easily. Still, it is great to educate yourself about the common terms you will find in the property agreement.



Here are some of the terms explained.

1.    Certificate of Title (Title Deed)

It is a document that shows the location, volume and current ownership of the given property. It also shows deals, easements, mortgages and other third party interests in the property. A new owner's name is registered on the Certificate of Title, every time the property is sold. As the owner of a property, you will receive a copy of this document.  

2.    Contract of Sale

This is a written agreement between the buyer and the seller that sets out the main terms and conditions of what has been decided such as purchase price, special conditions, the name of the parties and financial arrangements.

3.    Conveyancing

It is a legal process of transferring the ownership of the property from one person to another. Property conveyancers or specialist property lawyers are licensed by the Government to advise and help in preparing the documents to transfer the ownership of the property.  Conveyancing also needs to be undertaken for mere transfers where there is no buyer or seller such as in transferring the property between spouses, ex-spouses or family members without any purchase price.

4.    Covenant

An information on the title which would place restrictions on what can and cannot be done with the property. For example, a property might have a covenant that states that no fence can be erected or that the house should be only of one storey. It is important to get clear advice on covenants, as some may have been on the deed for many years but may not be relevant anymore.

These are some of the phrases you might come across during the property transaction.