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 ?
Using an Unlike solicitors, these licensed conveyancers were not authorised to carry out the type of work she paid them to do - contentious probate and litigation services.
He added: "X-Press Legal Service has grown and prospered from the provision of search documents to conveyancers and solicitors, so it seemed appropriate to provide an online service that gave the public a better understanding of the law and the legal profession.
Instead of dealing direct with local authorities over searches, some of the more bargainbasement conveyancers use search firms instead - who might be cheaper, but who don't always enjoy the same level of access.
Customers can still choose to use their own conveyancer to act on their behalf, but HSBC will use a panel firm to undertake its own legal requirements and there will be an extra cost to the borrower, it said.
The implications that the Queensland solicitors' (qualified) conveyancing reservation have for competition law and policy remain of concern while the National Competition Council disagrees with the Queensland Government's explanations for prohibiting an access to nonlawyer conveyancers that other States allow.
Conveyancers could be exposing themselves to liability by failing to obtain information about flooding, which is set to become the latest "uninsurable risk".
The North East Energy Saving Trust Advice Centre has organised the conference for estate agents, valuers, surveyors and conveyancers to prepare for the launch of the Home Information Pack (HIP).
To date, over 240 branches of solicitors, conveyancers and estate agents have volunteered to take part in the prototype, which is due to last for six months.
In some such jurisdictions, conveyancing services can also be carried out by non-lawyers such as estate agents or licensing conveyancers.
It is maintained by licensing fees and fines paid by estate agents and conveyancers, and is used to finance community-led property projects across Victoria.
Martyn Baum, president of the National Association of Estate Agents (NAEA), said he has heard of estate agents and conveyancers working until 10pm on Wednesday and reopening at 5am yesterday.
The concern over a potential rise in interest rates could be a contributing factor to the fall in buyer interest and the number of rthe Mortgage Market Review (MMR) - and an increasingly acute shortage of conveyancers - is adding between 2-4 weeks onto the time it takes to complete a transaction.