Conveyancing, Defined
Conveyancing is the legal process of transferring the ownership of a property from a seller to a buyer. In New Zealand it covers everything from checking the title and drafting or reviewing the sale and purchase agreement, through to registering the change of ownership with Land Information New Zealand (LINZ) on settlement day. It's a legal requirement in NZ — property transfers are registered electronically through Landonline, and only a lawyer or a licensed conveyancing practitioner can submit that registration on your behalf.
Whether you're buying, selling, or refinancing, conveyancing is the behind-the-scenes work that makes sure the transaction is legally sound before any money or keys change hands.
What Conveyancing Actually Covers
A conveyancer or property lawyer's work spans the whole transaction, not just settlement day.
Reviewing the agreement
Checking or drafting the sale and purchase agreement and its conditions.
Title and due diligence
Searching the record of title, LIM report and any easements, covenants or consents.
Liaising with the other side
Communicating with the other party's lawyer to confirm conditions and settlement details.
Handling funds
Receiving and holding deposit and settlement funds in a trust account.
Registering the transfer
Submitting the ownership change through LINZ's Landonline e-dealing system.
Property Lawyer
Licensed Conveyancer
The Real Estate Authority (REA) strongly recommends every buyer and seller engage a lawyer or licensed conveyancer before signing anything.
Quick Summary
- Conveyancing: the legal process of transferring property ownership.
- Who does it: a property lawyer or a licensed conveyancer, both regulated under the Lawyers and Conveyancers Act 2006.
- Why it matters: title transfers must be registered electronically through LINZ, which only these professionals can do.