Expert Conveyancing & Property Law Services in Goulburn
Understanding Conveyancing & Property Law
What is Conveyancing?
Property conveyancing refers to the legal process by which ownership of real property (land and buildings) is transferred from the current owner (vendor) to the new owner (purchaser). This process is also required in circumstances involving the subdivision of land, amendments to or registration of property titles, and other dealings affecting legal ownership or interests in land.
What is property law?
Property law regulates the ownership, use, transfer and disposition of both real and personal property. This encompasses land and buildings, other assets and the establishment of a legal framework for their acquisition, management and conveyance (transfer). The laws vary in each State and Territory.
At Johnson & Sendall, our dedicated and experienced property lawyers take pride in offering comprehensive legal advice and representation for all your Conveyancing and Property Law needs.
We understand that buying or selling real estate can be stressful and complex but our experienced team is here to simplify the process and protect your interests every step of the way. Our lawyers are also supported by a team of exceptional secretaries with years of experience in the industry.
Who is involved in the Conveyancing Process and Why?
Property Lawyer
Your lawyer ensures that all aspects of a property transaction comply with the applicable State or Territory law. Our role includes drafting and reviewing legal contracts and deeds, ensuring contracts are fair and enforceable, and intervening in disputes, such as disagreements over property boundaries or contract terms.
As property lawyers, we:
- Draft and review contracts to ensure legal accuracy and enforceability.
- Provide legal advice on property rights, zoning regulations, and potential risks.
- Represent clients in the resolution of property-related disputes.
Real Estate Agent
A real estate agent serves as the intermediary between buyers and sellers, facilitating the sale and purchase of property. Their primary responsibilities include marketing the property, negotiating sale prices, and guiding clients through the transaction process. However, real estate agents do not handle legal matters, these remain the responsibility of property lawyers and conveyancers.
The difference between a lawyer and conveyancer is that a conveyancer is not legally qualified.
Mortgage Broker
A mortgage broker assists buyers in securing financing for a property purchase by identifying suitable loan options and managing the necessary financial documentation. They often act as a good intermediary between the banks and a purchaser. Of course, a purchaser can organise their own finance without the assistance or intervention of a mortgage broker.
Property Developer
A property developer is responsible for the planning, construction, and sale of residential and commercial properties. Their role includes acquiring land, securing necessary approvals, and overseeing the development process from inception to completion.
Local Council
Council regulates and enforces local development and zoning rules in conjunction with State planning laws. They assess planning proposals and provide for local infrastructure. Each town and city in NSW forms part of their own Local Government Area (LGA) each with their approach to planning and development. There is no Local Government in the ACT.
Documents Required for the Conveyancing Process:
Documents Required for the Conveyancing Process
The conveyancing process involves several key documents that must be prepared, reviewed, and lodged to ensure a legally compliant and enforceable property transaction. These include:
- Contract of Sale – A legally binding agreement signed by both parties outlining the terms and conditions of the property transaction.
- Title Deeds – Official records proving ownership and any registered interests or encumbrances on the property. In NSW, title deeds are now completely electronic.
- Building Report – A professional inspection report detailing the structural condition of the property. This is not a mandatory document, nor are pest inspection reports, however they are an important part of a purchaser undertaking due diligence with respect to the property they wish to buy. Know what you are buying!
- Mortgage Documents – Loan agreements and associated financial documentation for securing property finance.
At
Johnson and Sendall, we ensure that all legal documentation is correctly drafted, organised and that your property transaction complies with all relevant regulations and statutory requirements.
Costs Associated with Conveyancing:
The conveyancing process involves various costs, which may include:
- Legal Fees – Professional fees are charged by lawyers overseeing the transaction.
- Disbursements – Out-of-pocket expenses, including building and property searches.
- Stamp Duty – A State and Territory Government-imposed tax on property transactions, calculated based on the purchase price.
- Registration Costs – Fees for lodging and registering property ownership transfers with the relevant authority.
Why Choose Johnson & Sendall?
Client-Focused Approach
We provide clear guidance and legal advice tailored to your unique situation.
Experienced Legal Professionals
Our team brings extensive knowledge of property law to help your transaction proceed as smoothly and ‘safely’ as possible. We always act ethically, professionally and in your best interests.
Trusted & Transparent
We keep you informed throughout the process, ensuring you make confident and well-informed decisions.
When you work with our solicitors, you're choosing a team committed to excellence. At Johnson & Sendall, your real estate transaction is handled with expertise, professionalism, and commitment.
Contact us today to book an initial consultation, or to discuss your legal matters with our knowledgeable experts!
Disclaimer
“The content on this page is for general informational purposes only and does not constitute legal advice. Every property transaction is unique, and you should seek legal advice specific to your situation. Engaging our services does not establish a solicitor-client relationship unless confirmed in writing through a formally executed agreement. “
