Conveyancing process in New Zealand with a lawyer or conveyancer
Conveyancing in New Zealand: Lawyers vs Conveyancers

Conveyancing in New Zealand: Lawyers vs Conveyancers

The meaning of “Conveyancing”

To convey is to transfer title to real property from one owner to another. Conveyancing is a part of the real estate transaction process. When you pay off an existing debt with a new loan that has better conditions, this is called financing or refinancing, and it may involve conveyancing. Conveyancers are legal professionals who facilitate property transfers by drafting contracts and coordinating the transfer of funds.

What Does a Conveyancer Do?

In general, a conveyancer will assist you with the following, though this can vary depending on the specifics of your sale or purchase:

  • This agreement involves a purchase and sale between the buyer and seller. A conveyancer is a legal professional who can assist you in reading, understanding, and signing legal documents. They can also assist you with fulfilling the terms of a buy and sell agreement, such as arranging for a structural survey.
  • Assisting you in doing your homework: To make a wise investment in real estate, you should research the market thoroughly. A conveyancer is there to assist you in this process.
  • A Title Search: They will look into the land’s legal history to see if there are any restrictions on the property’s use (such as easements) or other legal restrictions (such as covenants) that could influence your ability to sell or utilise the land.
  • Land Information Memorandum (LIM) reports: They usually assist you get a hold of a Land Information Memorandum, a short report on the property that details things like council permits and consents, utility access, and any dangers. Your lawyer or conveyancer will assist you in reviewing this.
  • Acquisition funding: Your conveyancer can assist you fill out all the necessary paperwork for your mortgage and loan. They can also assist you in withdrawing your KiwiSaver savings and receiving a Homestart grant.
  • Transferring ownership requires the preparation of a number of different legal documents. Your conveyancing attorney will handle this and explain its significance.
  • Finalising the Agreement: On settlement day, the buyer’s conveyancer is responsible for arranging the transfer of monies, while the seller’s conveyancer is in charge of transferring title.

How to Find a Conveyancer: Differentiating Between a Lawyer and a Licenced Conveyancer

Conveyancing is a legal process that can be handled by a lawyer or a licenced professional. We explain the key distinctions between the two varieties of real estate lawyers:


A lawyer or solicitor will often focus their practise on a subset of the law. Lawyers that specialise in real estate conveyancing are called “solicitors.” A lawyer’s education and training must comprise at least four years of schooling and coursework in several different sub“`html fields of law. In addition to graduating from law school, they must take additional courses before being admitted to the bar. As a matter of practise, lawyers frequently team up with other attorneys to pool their respective strengths and resources. Some attorneys operate autonomously with the aid of legal executives and other aides who oversee activities including document preparation, research, and case filing. Lawyers in New Zealand are governed by the New Zealand Law Society, and those who wish to practise there must first obtain a practising certificate from the Society. The New Zealand Law Society creates and enforces ethical guidelines for the legal profession and looks into complaints lodged against attorneys.

Registered Conveyancers

A registered conveyancer has specialised knowledge in real estate law and the conveyancing process. There are two paths one can take to become a licenced conveyancer. They could take two years to earn a diploma in conveyancing. Another option is to work as a conveyancer for five years before applying to become a registered conveyancer. A registered conveyancer might work for an existing law office or set up shop on their own. After two years of supervision following registration, a conveyancer may request to work independently. A registered conveyancer can be consulted via in-person meetings or via electronic means such as the use of websites. Controlling authority: Conveyancers in New Zealand are governed by the New Zealand Society of Conveyancers (NZSOC). The Society of Conveyancers also conducts enquiries into complaints made against conveyancers and establishes rules for how clients should be treated.

How Much Does Conveyancing Cost?

Conveyancing professionals come in all shapes and sizes, so it’s important to consider your budget before making a final decision. Conveyancing can be a pricey process, and you certainly don’t want to add to the expense of purchasing land. It is possible that registered conveyancers will charge less than solicitors, but this would depend on a number of circumstances. Conveyancing rates will vary based on a number of factors, including the number of employees at the firm, the conveyancing professional’s level of expertise, and the cost of living in the area (Auckland vs. Dunedin, etc.). There are too many variables that affect the final price for us to provide an accurate estimate.

How Would You Like to Engage with Them?

Would it be more convenient for you to deal with a single person who knows everything about the conveyancing process? If you hire a big company, you probably won’t have somebody working exclusively on your case. What’s better, phone conversations or video chats, or in-person meetings? If you hire a conveyancing professional from another region or use an online conveyancing service (where the conveyancer works remotely), you probably won’t have too many in-person encounters.

Is There Anything More You Need Clarified About the Law in Regards to This Property Deal?

Land transactions frequently involve a slew of ancillary legal matters. Here are a few examples:

  • Planning for one’s estate is important since it determines what happens to one’s possessions after one’s death. A landowner who plans to leave their property to heirs upon their death might use a testamentary transfer.
  • Forms of ownership: In the court system, a person’s goals towards their property may vary. Attaining tax advantages and defending assets from third parties are both common goals. It is normal practise in New Zealand for an individual to acquire property and then give title to a trust. If someone does this, it is considered that they no longer “own” the property. However, the individual may“`html still enjoy some of the perks of property ownership (such as receiving rental income from trust property) depending on how the trust is set up.
  • Connectional features: A person’s assets may be affected in several ways depending on their past, present, or future connections. Person A may have owned a home before marrying Person B and may wish to make Person B a co-owner of the property.
  • A person may appoint someone as their enduring power of attorney (EPA). What this means is that if A goes into a coma or is found to be mentally incompetent, B will be able to make decisions on A’s behalf about A’s personal and financial affairs. Someone named B, an attorney, may be tasked with handling the sale of someone named A’s property.

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