29 Oct Conveyancing Explained: What Your Lawyer Actually Does for You
You’ve found the perfect home or the right buyer. The legal procedure for transferring ownership now starts. It involves much more than just signing papers—and that’s where an experienced conveyancing lawyer comes in.
So, what is conveyancing? It is the complete set of legal and administrative procedures needed to change the ownership of property from one individual or organisation to another. Our task today is to make the term easier to understand and share what your property lawyer actually does for you.
Lawyer vs. Conveyancer: Why Expertise Matters
You can choose to work with a solicitor (lawyer) or a licensed conveyancer in New Zealand. The basic transfer of property title can be handled by either. But there’s a significant distinction between the two:
- A Conveyancer is licensed only to handle the legal work directly related to the property transfer itself.
- A Property Lawyer has a full legal qualification. They have received training in broader property law as well as associated areas, such as estates, trusts, relationship property, and business law.
This means your conveyancing lawyer is prepared to offer prompt, thorough legal advice in the event of a red flag, such as a boundary dispute, a concealed problem with a building consent, or a problem with your family trust. You won’t need to hire a second expert.
Key Role #1: Protection and Due Diligence (When Buying)
When you are buying property, your conveyancing lawyer acts as your shield, protecting you from expensive future issues.
1. Reviewing the Contract Before You Commit
Before any offer becomes unconditional, conveyancing or property lawyers review the Sale and Purchase Agreement. They read the fine print, ensure special conditions (like finance, title approval, and building reports) are accurately worded, and negotiate necessary changes with the vendor’s lawyer. This step is critical; once unconditional, that contract is binding.
2. Investigating the Title
The property title is the legal history of the land. Property solicitors conduct extensive checks to ensure that what you think you’re buying is exactly what you get. This includes:
- Checking Ownership: Confirming the seller is legally entitled to sell the property.
- Encumbrances: Identifying any mortgages, caveats, or other claims registered against the property that must be removed at settlement.
- Covenants and Easements: Finding any restrictions on how you can use the land (e.g., limits on building height) or rights others have over your land (e.g., shared driveway access).
3. Reviewing Reports and Searches
While you commission the physical reports (LIM, building report), conveyancing lawyers provide the legal interpretation. They verify the LIM against council records to see if all structures on the property have the correct consents. Finding an unconsented renovation before settlement can save you tens of thousands of dollars later.
4. Assisting with Financial Logistics
Experienced conveyancing lawyers can connect with your bank to manage the mortgage drawdown. They can ensure that the funds are available and ready to be paid at settlement, coordinating the movement of the largest sums of money you will likely ever handle.
Key Role #2: Financial and Administrative Finalisation (When Selling)
Conveyancing when selling property is just as important. With the expert guidance of a seasoned property lawyer, you can have a smooth, timely settlement and securely receive your funds.
1. Preparing the Documents
Conveyancing solicitors can help prepare the necessary legal documents (transfer instruments and releases) well in advance of the settlement date. They can help calculate all financial adjustments, including rates and water charges, ensuring you are not overcharged (or undercharged) for the period you owned the property.
2. Coordinating the Settlement
Settlement happens digitally through systems like Land Information New Zealand (LINZ). Your solicitor can connect digitally with the bank and the buyer’s lawyer to execute the simultaneous transfer of money and title. This complex, instantaneous process happens behind the scenes, leaving you free to hand over the keys.
Key Role #3: Post-Settlement Security & Future Planning
The work of a good conveyancing lawyer doesn’t end when the keys change hands. They also focus on ensuring the transaction secures your future.
1. Handling Tax and Compliance
You can turn to your solicitor to manage the necessary legal compliance steps, including any obligations related to the IRD and the Land Transfer Act. These may involve preparing and submitting a Land Transfer Tax Statement to Land Information New Zealand (LINZ) for both buyers and sellers, which requires providing an IRD number. Furthermore, your solicitor can help manage obligations such as Residential Land Withholding Tax (RLWT), ensuring your transaction is compliant and that you meet all legislative requirements.
2. Safeguarding Your Equity
For many Kiwis, property is their largest asset. After a purchase, a full-service property lawyer can discuss important protective measures, such as:
- Wills and Enduring Powers of Attorney: Ensuring your investment is protected and your wishes are known if the unexpected happens.
- Trusts & Relationship Property: Advising on whether the property should be owned personally, jointly, or by a trust, particularly important if you are buying with a partner or an investment group. Navigating property law with a clear plan protects your future.
We’re Your Professional and Personal Property Partner
Since 1956: Your Trusted Guide Through Property Law in Auckland
At Shanahans Law, our roots run deep in the West Auckland community. We’ve been helping families and businesses buy and sell property since 1956—in some cases, guiding the great-grandchildren of our original clients. This heritage is built on clear, practical, and dependable advice.Whether you are buying your first home or navigating property law in Auckland as a seasoned investor, having a highly experienced conveyancing lawyer on your side is essential.
Our team at Shanahans Law prides itself on being a trusted property lawyer in West Auckland that avoids jargon. We explain complex legal issues in plain language, answer your calls, and focus on delivering a stress-free outcome.
If you’re ready to start your property journey or just want to know how we can simplify your next transaction, please get in touch with our team today. We’re ready to put our decades of property expertise to work for you.
Disclaimer: The content of this blog is for general informational purposes only and does not constitute legal advice. While we aim to provide helpful information about legal processes, all legal situations are unique and fact-dependent. You should always seek specific legal advice from a qualified solicitor, whether at Shanahans Law or in another firm, regarding your individual circumstances before making any legal decisions. Reliance on the general information provided here is at your own risk.
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