Everything you need to know about conveyancing – PART I: An Introduction

In law, the term conveyancing means the process of transferring property from one owner to another. In conveyancing, asking for the property’s purchase offer and accepting the offer to purchase is only the beginning of the process. Once the seller of the property has signed and accepted the purchase offer, a legally binding agreement comes into existence.

A conveyancer is a specialised attorney who prepares deeds and documents that are registrable in the Deeds office, and the person who will give you advice throughout the entire process and is legally required to conclude any property being transferred from one owner to another. 

There are certain Deeds which can only be prepared by a certified conveyancer, these include Deeds of:

• Transfer
• Mortgage Bonds
• Certificates of title
• Various other certificates of registration mentioned in the Deeds Registries Act
  

What can you expect from a conveyancer?

1. They will always protect the interests of their clients, and these interests should take precedence over all other considerations, with the exception of issues of legality.
2. Informing their client of the transferring process while keeping the client informed of the progress of the transaction.
3. Advise the client on the content of the purchase offer, especially the suspensive conditions.
4. Obtaining their client’s instructions before promising any guarantees related to a transaction.
5. Conveyancers will do everything in their power to register the transaction on or as close as possible to the date agreed upon in the purchase offer.
6. Notify their client of their obligation under the purchase offer to ensure that the transfer is not delayed.
7. Meet and explain with their client to sign the documents required to complete the transaction
8. Prepare the deeds for lodgement with sufficient care and precision, in order to minimise the risk of rejection of the documentation by the Deeds Office.
9. Conveyancers will inform their clients of the transfer on the day of registration
10. Fill in the seller’s account with the finances related to the transaction within 2 days of registration.

Conveyancing can become a rather lengthy process. The process of transferring ownership of a house might take 2 – 3 months to be completed. There are certain steps that will take place during these few months. A legitimate sale agreement is the first prerequisite.

According to the Alienation of Land Act, no transaction involving the purchase or sale of real estate will be deemed valid unless it is in writing and signed by both the buyer and the seller (as well as by the spouses in situations where the parties are married in community of property or account to the laws of a foreign country) or their agents who have been given written authorization to sign on their behalf. A legally enforceable agreement is also created by a written “Offer to Purchase” that has been accepted by both the buyer and the seller.