skip to log on skip to main content
VoiceOver users please use the tab key when navigating expanded menus

Article | 3 minute read

Do you need a conveyancer?

When you transfer a home into your name, you need to check that no legal issues will affect your ownership or use of the property. You could consider hiring an experienced professional to conduct this transfer process, also known as conveyancing.

When you’re renting, you can’t even hammer a nail into the wall to hang a picture, let alone make any major changes.

That’s why one of the best things about buying your own home is that you can do whatever you want.

But what if you discovered that you actually couldn’t?

It’s not always simple

Imagine you weren’t allowed to put up a pergola because someone else had the right to use that part of your land.  Wait a minute, isn’t it your land? How can someone else have any rights over it?

The answer is that another party can access parts of your property if they have an easement over it. For example a water company may have an easement that prevents any building over their pipes.

An easement is just one of the legal instruments that could affect a property. And it’s just one of the things a professional conveyancer will look for when you instruct them to check the title of your property.

Some things a conveyancer may do

The conveyancer can check for:

  • Easements – organisations or individuals may have a legal right to access your land to repair their infrastructure or use it as a driveway.
  • Covenants – These may restrict the paint colours, fence styles and other changes you can make to the property.
  • Caveats – Caveat is Latin for ‘beware’. It indicates someone else has an interest in the property. For example, this could be someone who is owed money by the vendor.

Preparing and lodge legal documents

These could include:

  • contract of sale
  • memorandum of transfer.

Calculating the adjustment of rates and taxes

The vendor may have already paid the council or water rates. The conveyancer will calculate the portion of these that you will need to reimburse the vendor and adjust the final settlement amount accordingly.

Settling the property

The conveyancer can attend the settlement to make sure the documents are correctly lodged and the balance of the money is paid.

Acting as your representative

The conveyancer can speak to the vendor or their agent on your behalf. Their experience can take some of the emotion and stress out of negotiations.

Conveyancer or solicitor?

Conveyancing can be performed by a registered conveyancer or a solicitor. Conveyancers may belong to the Australian Institute of Conveyancers while solicitors are registered legal practitioners. There may be differences between the tasks they can perform and the fees they charge.

When should I find a conveyancer?

It’s a good idea to find a conveyancer when you begin your house hunting. That way if you find a property you’re interested in you can have them check the contract. 

It’s better to uncover any problems early so you don’t waste time, emotion and money on a property with an encumbered title.

To sum up

  • Conveyancing is the legal process of transferring ownership of a property. 
  • It’s a good idea to consider using the services of a conveyancer or a solicitor. 
  • A conveyancer can help the transfer process run smoothly. 
  • They will check your title is clear of easements, caveats and covenants.

Extra tips and tools

Home owner tips and guides

Get practical tips to help you in your property journey, whether you're just starting out, ready to buy, or trying to sell. 

Get tips now

  

Free ANZ Property Profile Reportdisclaimer

Get detailed property and suburb information to help you plan and be more informed when buying, selling or refinancing.

Get a report

  

Connect with our home loan specialists or apply

Quick Start Home Loan Application

Get started in just 5 minutes. Apply for pre-approvaldisclaimer, a new home loan, refinance or top up your existing ANZ home loan.

Apply online now

   

Request a call back

Leave your details 

   

Connect with a mobile lender disclaimer

Find a mobile lender

  

Visit a branch or ANZ Home Centre

Find your nearest location

  

Call us

1800 100 641

Monday - Friday
8am to 8pm (AEST)

   

You can also chat to an ANZ accredited broker for help with your home buying, investing or refinancing needs.

   

You might also be interested in

Article

Why bank valuation and purchase price can differ

3 minute read

When you buy a property you might assume you’ve paid market value for it. More often than not you’d be right.

  

Article

Property settlement: what is it and how does it work?

5 minute read

If buying a new home were a marathon, settlement would be the finish line. But there’s a little more to it than simply handing over the cash and picking up the keys.

  

Article

Understand the home loan application process

6 minute read

This guide outlines the home loan application process to help you understand the steps to applying for a home loan with ANZ.

  

The information on this page does not take into account your personal needs and financial circumstances and you should consider whether it is appropriate for you and read the relevant terms and conditionsProduct Disclosure Statement and the ANZ Financial Services Guide (PDF) before acquiring any product. 

Applications for credit subject to approval. Terms and conditions available on application. Fees and charges apply. Australian credit licence number 234527.

Property price information in an ANZ Property Profile Report is an estimate (not a valuation), may not be available for all properties, is for personal domestic use only and may change daily. Actual sale prices may differ. The report is not personal advice and ANZ takes no responsibility for any error or omission.

Return

ANZ may provide pre-approval (also known as approval in principle or conditional approval) to eligible customers who apply for an ANZ home loan and complete an application form and satisfy any other applicable requirements. Pre-approval is an approval for a loan subject to conditions being met, including that security is satisfactory to ANZ. Australian Credit Licence Number 234527.

Return

ANZ Mobile Lenders operate as an independently operated ANZ Mortgage Solutions franchise of Australia and New Zealand Banking Group Limited (ANZ) ABN 11 005 357 522. Australian Credit Licence Number 234527.

Return
Top