Simple Conveyancing Terms to Learn

Conveyancing a piece of property is the process of transferring ownership of that property from one person to another; for example, when you sell your home, you are conveying the title to the new owner. If you're thinking of buying or selling a house, a commercial building or a vacant plot of land, you might note some simple conveyancing terms, as this can ensure you know what to expect throughout the process. This might also make it easier for you to understand the paperwork you'll produce and receive when buying or selling, and other such details about conveyancing itself.

Abstract of title

A piece of property will have various titles and deeds attached to it, which contain reams of legal information about that property. An abstract of title is like the executive summary of those documents, giving a brief synopsis of the information in those papers, making that information easier to understand and review.

Conditional sale agreement

With a conditional sale agreement, the seller retains all legal rights to the property until certain conditions are met. This often includes payment instalments and deposits. The buyer may also add certain inspection results as part of those conditions for a sale to move forward. 

Easement

An easement refers to the right a person has to use someone else's land as a right-of-way. As an example, in a rural area, one property may be located behind another, away from the main road. That second property owner may be allowed an easement, or an entryway that crosses the first property. 

An easement is usually limited to a certain area of someone's property; it doesn't mean that a neighbour can walk or drive over any part of someone's land. However, an easement is a legal point of entry and not simply a courtesy to a neighbour; as such, you are not typically allowed to just alter or block these access points. Note if a piece of property you're considering buying has any easements in place, as this might affect your purchasing decision. 

Free of encumbrances

A property that is free of encumbrances means that no one else has any legal rights or liens to the property. This is important to note, as you may be required to pay a lien or settle an encumbrance after purchasing the property!

Pre-emption

Pre-emption refers to the right to buy property before others are given a chance to purchase it. Be sure you have your conveyancer include pre-emption in any offers or agreements if needed so that you don't have a desired piece of property sold to someone else!

Share