conveyancing

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See: alienation, assignment, consignment, conveyance, delivery, demise, disposition, feoffment

conveyancing

the practice (some would say art) of transferring ownership in property. In some cases the law takes care of the transfer - this is so in many everyday transactions for the sale of goods where the property is transferred according to the Sale of Goods Act 1979 (as amended) if the parties have not sought to regulate matters for themselves. In many other cases difficult issues usually involve the writing of some instrument. Thus, some incorporeal moveables have to be transferred by assignation, and real or heritable property may often have to be conveyed by a formal written document, usually one recorded in a register.

In England and Scotland the conveyancing of land is largely the domain of solicitors, although often members of the Bar specialize in resolving problems that are contractual or relate to land law. In both jurisdictions there are practices that grow up to facilitate what is often, but not always, a piece of non-contentious business - it is this practical part of the business that conveyancers consider their art.

In England there is a body of people who are licensed conveyancers but not solicitors or barristers. The same system exists in Scotland, but no sub-solicitor conveyancing profession has yet emerged as a market force, so conveyancing is still done at the time of writing by solicitors, indeed the body set up to regulate non-solicitor conveyancers has been dissolved and taken over by the Law Society of Scotland.

References in periodicals archive ?
The release of stage one is a significant milestone and sets the foundations for the next phase of e-conveyancing, which will accommodate a broader range of property and title transactions.
E-conveyancing will be more convenient for time poor Queenslanders by eliminating their need to attend settlements in person to exchange bank cheques and paper documents.
The Government is actively encouraging e-conveyancing and the aim of online tracking is just the start of Harrison Clark's move towards the paperless conveyancing transaction and our aim is to make the process easier and stress free.
Electronic conveyancing, or e-conveyancing, will speed the process towards exchange, remove the gap between completion and registration, make clear any hold-ups in the chain, cater for simultaneous electronic funds transfer and be paperless.
Conveyancing is now subject to enormous change with the advent of Home Information Packs and e-conveyancing.
The association also said there was evidence that the Land Registry's e-conveyancing proposals would speed up the home buying and selling process, making HIPs redundant in this area.
Next year will see the introduction of e-conveyancing so clients can benefit from online case tracking.
With the general shift towards e-conveyancing and the speeding up of property transactions in the UK, Know Your Neighbour is an essential tool for conveyancers who want to keep ahead of the game.
MFG Solicitors is taking part in various internet-based online Land Registry pilot schemes in the build up to the introduction of a full blown e-conveyancing scheme due to be rolled out in the latter part of 2008.
Topics range from the impact of Home Information Packs to e-conveyancing at the event which will be held on October 14.
The Land Registry is to launch its pilot scheme for e-conveyancing in October next year.