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In law, conveyancing is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or a lien. [1] A typical conveyancing transaction has two major phases: the exchange of contracts (when equitable interests are created) and completion (also called settlement, when legal title passes and equitable rights merge with the legal title).
In most Commonwealth countries, a conveyancer is a specialist lawyer who specialises in the legal aspects of buying and selling real property, or conveyancing. [1] A conveyancer can also be (but need not be) a solicitor, licensed conveyancer, or a fellow of the Institute of Legal Executives.
The sale of a house in the United States or Canada might involve some or all of the following steps: Hiring of a real estate broker the seller and handle the logistics of the advertising and sale, except for "for sale by owner" properties where the owner(s) may consult legal counsel or obtain copies of a real estate contract.
In the United States, legal titles are those that were recognized by the law courts in England. Equitable titles were those recognized by the English chancery courts. Both of these concepts were adopted by the various states upon their creation except, possibly, those based upon European Civil Law, such as Louisiana. Most states have merged the ...
Conveyancing work may be performed by lawyers and/or licensed conveyancers (people who are not lawyers, but are licensed under the Conveyancers Act 2006 (VIC) [2] [clarification needed]). In Australia , licensed conveyancers are governed by consumer protection legislations and regulators of the various States. [ 3 ]
Conveyance, the documentation of the transfer of ownership of land from one party to another—see conveyancing; Public conveyance, a shared passenger transportation service; A means of transport; Water conveyance, a commuter passenger boat used to provide public transport; Conveyance (horse), an American Thoroughbred racehorse
The Authorised Conveyancing Practitioners Board is the regulatory organisation and professional association for authorised conveyancers in the United Kingdom. Created in 1990 by the Courts and Legal Services Act 1990, the Practitioners Board oversees authorised conveyancers in the United Kingdom, advising the Lord Chancellor on conveyancing matters, regulating authorised conveyancers and ...
Under historical English common law, a covenant was distinguished from an ordinary contract by the presence of a seal. [1] Because the presence of a seal indicated an unusual solemnity in the promises made in a covenant, the common law would enforce a covenant even in the absence of consideration . [ 2 ]