COMMON CONVEYANCING TERMS

CERTIFICATE OF TITLE:

A document identifying the ownership of land, it shows who owns it, whether there is any mortgage or other encumbrance etc. affecting the land.

COMMUNITY PLAN:

A plan that divides a parcel of land into community lots and common property, within the community plan can be areas set aside for such things as playing fields, swimming pool, club house and or other community activities. It allows for residential houses and strata units with the other activities within the community plan.

COMMUNITY TITLE:

Title to land within a community plan.

CONVEYANCE:

The legal process required to transfer ownership of real estate

CONVEYANCER:

A person licensed by Government to advise on and prepare documents to transfer or convey ownership of real estate. Conveyancers are licensed in NSW to handle other transactions related to land and business transactions.

COVENANT:

An agreement by one party to adhere to certain terms, conditions or restrictions regarding the property. This will show on the certificate of title and you should be aware of the effect it may have on your use of the property.

DEPOSIT:

A deposit is normally paid by the purchaser at the time of exchange of contracts; normally 10% of the sale price, any amount paid initially as a part deposit or holding deposit will form part of the10% deposit. A lesser amount can be paid if agreed by the vendor.

EASEMENT:

A legal right to use a designated part of someone’s land for a particular purpose.

ENCUMBRANCE:

A burden or charge registered on the title to the property such as a mortgage or caveat.

FEE SIMPLE:

The highest interest in land that can be owned by an individual.

FITTINGS:

Goods or articles that can be removed from the property without causing damage.

LAND TAX:

A state government tax payable by owners of a property (normally not their permanent place of residence) based on the value of the property.

FINAL INSPECTION:

A purchaser is entitled to, and should always have, a final inspection of the property prior to settlement to make sure that the property is in the same condition as when first inspected and to see that all inclusions are left in the property subject to fair wear and tear.

MEMORANDUM OF TRANSFER:

A document signed by the vendor and the purchaser that when registered by the Lands Department legally changes the ownership of the land. Usually referred to as simply the ‘Transfer’. (not to be confused with the contract)

RIGHT OF WAY:

A right which gives a person access across certain land. (Usually land owned by someone else)

SURVEY:

Conducted by a registered surveyor who provides a written report showing the position of the buildings and fences in relation to the boundaries and will show any encroachment onto the land or onto the neighbour’s land.

SETTLEMENT:

This is the day on which all monies are handed over in exchange for the title deeds and the day on which possession is normally given to the purchaser.

REGISTERED PROPRIETOR

The person whose name appears registered on the certificate of Title as owner of land.

TORRENS TITLE:

This is the name given to a system of recording ownership of land. It is the most common form of land title. When you are registered on title you are guaranteed ownership by the state government.

VALUATION:

A written report by a registered valuer showing their opinion of the value of the property, usually required by a lender so that they know what the market vaulue of the property is.

EXCHANGE OF CONTRACTS:

This is the making of the contract between the parties. There are two identical contracts, one signed by each party to the transaction and the contracts are exchanged so that each party holds the contract signed by the other party, the deposit is paid at this time and the contracts are dated on the day of exchange. It is at this point that the parties are bound to the transaction and the contract contains all the conditions of the sale.

COOLING OFF PERIOD:

Purchasers have a period of 5 working days after exchange of contracts in which to “cool off’, if they do so they forfeit to the vendor 0.25%of the sale price. There is no cooling off period if the contract is explained by the purchaser’s conveyancer and a section 66W certificate is signed by the conveyancer. This is normally the case if the purchaser has had finance approval and all inspections are done before they enter into the contract.

STAMP DUTY:

The amount of stamp duty payable on the contract is determined by the sale price of the property, the higher the price the higher the duty. Stamp duty is paid after contracts are entered into and usually before settlement of the transaction.

FIRST HOME and FIRST HOME BUYERS ASSISTANCE:

If you are buying your first home and the sale price is less than a designated amount you may qualify for assistance to have the stamp duty payment waived or reduced. You may also qualify for cash grants on new homes.

FINANCE:

This must be organised before you commit yourself to the contract to purchase. The contract is not normally conditional on finance approval and once you are committed to buy you must complete the contract regardless of whether you have finance to do so or not. If you are unable to complete the purchase you stand to lose the deposit paid and also to be sued for any loss that the seller may incur.

JOINT OWNERSHIP:

Title to property is held in one of two ways. Joint tenants, means that each person owns the property jointly and on the death of one of the owners the property automatically passes to the remaining joint tenant or tenants.
Tenants in common, mean that each person owns a share in the property and on the death of one party that share passes to whoever inherits their estate.

FIXTURES:

Items that cannot be removed without causing damage such as built-in cupboards, bath, toilet, stove etc.

INSURANCE:

Insurance risk passes on settlement day to the new owner. All building insurance should be put in place before the purchase is settled. Your lender will want a copy of the policy before they agree to settle so this will need to be done a couple of weeks before settlement.

LEASE:

An exclusive right to occupy land owned by someone else.

LICENCE:

A non-exclusive right to occupy land owned by someone else.

STRATA TITLE:

This is the name given to the ownership of units, townhouses, villas. It is a form of Torrens title.

DEPOSIT BOND:

A deposit bond is a guarantee of payment of the deposit to the vendor if the purchaser defaults. A bond is used in lieu of a cash deposit when the purchaser does not have the cash to pay as a deposit or for any reason that the purchaser does not want to pay a cash deposit. It is usually used when a purchaser is selling a property and all their assets are tied up in that property and they do not have the cash to put down on a property purchase. It is cost effective and while it can only be used if the vendor will accept the bond it is becoming more common practice as time goes by.

CAVEAT:

If a caveat is registered on the title it means that some other person has an interest in the land.