What is conveyancing?

Conveyancing is the legal process of transferring the legal ownership of real estate from one person to another. Real estate itself is very valuable and is often the largest asset that you will own (or have a share in) in your lifetime.


The legal procedure of conveyancing involves a number of complexities, and for this reason a purchaser or vendor will usually engage someone skilled in ‘conveyancing’ to undertake their ‘conveyance’ for them.


It is the role of the person providing the conveyancing services to ensure that the property is transferred or conveyed to the new owner free of any other interests. If the property cannot be conveyed free of other parties’ interests, then the purchaser or transferee of the property should be advised as part of the conveyancing service.


The real skill in conveyancing is in anticipating potential problems (both legal and procedural), and addressing them before they eventuate.  It is for this very reason, that depth of experience is an essential quality when engaging a lawyer or conveyancer.  Tamara Warner of Warner Conveyancing & Legal has more than 20 years’ experience in the legal industry and as a result has a very broad depth of knowledge and experience.




Why use a lawyer instead of a conveyancer?


There are two kinds of conveyancers – a lawyer who undertakes a conveyance and licensed conveyancers.


Licensed conveyancers are not lawyers and are licensed to perform part of the legal work required with a real estate transaction.  Licensed conveyancers have a limit on what they can and can’t do and must not engage in any work which goes beyond conveyancing work as defined in the Conveyancers Act 2006.  There may be times when a licensed conveyancer is bound to refer you to a qualified lawyer for further assistance (for example where a transaction goes beyond conveyancing work, or involves issues which are too complex to handle).


Whereas, lawyers are able to perform all legal work associated with a conveyancing transaction.  This means that you are assured of maintaining the same legal representation throughout the life-span of your conveyancing transaction.


Unlike some conveyancers, we are independent to estate agents.  As lawyers, we are regulated by a much higher standard of accountability than conveyancers and are ethically bound to act in your best interests.  We hold professional indemnity insurance as required by the Legal Practitioners’ Liability Committee of Victoria for all work undertaken (whereas a licensed conveyancer is covered only for conveyancing work).


In our view, lawyers provide the most comprehensive form of legal representation in real estate conveyancing transactions.  When you engage Warner Conveyancing & Legal, you are safe in the knowledge that you have independent and full legal representation and that there are no hidden conflicting interests.