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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.

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.


  • Conveyancing is the legal process of transferring ownership of a property.

  • It’s a good idea to consider using the services of a conveyancer.

  • A conveyancer can help the transfer process run smoothly.

  • They will check your title is clear of easements, caveats and covenants.

Your Choice Mortgage Brokers Pty Ltd ATF Halo Innovation Trust trading as Heart Mortgage Services - Australian Credit Licence 38643.

The information contained herein is of a general nature only and does not constitute advice. You should not act on any information without considering your personal needs, circumstances and objectives. We recommend you obtain professional financial advice specific to your circumstances. The views expressed here are not ours. While the information contained in this article may contain or be based on information obtained from sources believed to be reliable, it may not have been independently verified. Where information contained in this publication contains material provided directly by third parties it is given in good faith and has been derived from sources believed to be accurate at its issue date. To the maximum extent permitted by law: no guarantee, representation or warranty is given that any information or advice in this publication is complete, accurate, up to date or fit for any purpose; and no party or associated entities as mentioned is in any way liable to you (including for negligence) in respect of any reliance upon such information. This article may also contain links to websites operated by third parties who are not related to us. These links are provided for convenience only and do not represent any endorsement or approval by us.

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