Many different legal concerns are revolving around the area of property law, and this is not an area you want to navigate without professional legal help. This is even for relatively simple property matters. Once you get into contested ownership, transference (property conveyancing) of property, liens, and other conflicts then things become even more complicated. You want to make sure that you have the proper type of legal protection to look over your interests and help you get the justice that you deserve.
Transferring Property
There are many different things that go into transferring property from one person to another. The truth is that it’s not as simple as writing up some papers and getting some signatures – even if the two involved thought about it enough to include unbiased witnesses to the event. Just because that was the intent doesn’t mean a transaction like that would be recognized and it almost certainly wouldn’t hold up in a court of law.
This type of intent falls clearly under the realm of property conveyancing, and there are many reasons why you want an experienced and talented legal aide at your side when dealing with anything in this realm of law. Property laws have major consequences on a person’s life, and because of that, they are made carefully and enforced. You don’t want to lose something that might have belonged to you just because of poor representation or a misguided notion that you could do this yourself.
Understanding Conveyancing
Basically, this is the recognized transfer of a deed (legal title) from a property from one person to another. This can also include granting special encumbrance in the cases of certain liens or mortgage contracts. These are usually a two-phase process, and it is important to make sure all the paperwork is done correctly during both to ensure you are properly protected.
The exchange of contracts takes place first, and then the settlement, which is the phase where the actual ownership passes from one owner to another (assuming everything else has proven to be in order).
Get It In Writing
All contracts for land sales must be in writing, and this is true across virtually every nation that has these laws in place. This makes sense as there needs to be a clear legal record to protect all parties involved. Many people don’t realize that even when the first part goes smoothly, the actual legal exchange is not considered complete until all parties involved have signed copies of the sale contract. Electronic copies aren’t good enough – these need to be in writing, and both sides need to be in possession of the copy.
Then and only then is the process finished from a legal standpoint.
You never want to attempt to navigate the in’s and out’s of local property laws without experienced professional legal help. The smallest mistakes can lead to major consequences in a court of law. Having an experienced attorney on your side means you know what your responsibilities are and what your protections are, and can rest easier knowing both are covered.
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