Property Lawyers
Property Lawyers and Property Solicitors
Property law is the area of law (practised by property lawyers) that governs the various forms of ownership and tenancy in real property (i.e land) and in personal property. In the civil law system, there is a division between movable and immovable property. Movable property roughly corresponds to personal property, while immovable property corresponds to real estate or real property.
Property rights are rights over things enforceable against all other persons. By contrast, contractual rights are rights enforceable against particular persons. Property law rights may, however, arise from a contract; the two systems of rights overlap. In relation to the sale of land, for example, two sets of legal relationships exist alongside one another: the contractual right to sue for damages, and the property right exercisable over the land.
The most usual way of acquiring an interest in property is as the result of a transaction handled by property lawyers or property solicitors with the previous owner, for example, a sale or a gift. A person may also obtain an interest in property under a trust established for his or her benefit by the owner of the property. It is also possible for property to pass from one person to another independently of the consent of the property owner.
A Licensed Conveyancer is a specialist property lawyer who works on behalf of clients buying or selling property (houses, flats, business premises or land). They deal with all the legal matters, paperwork and queries involved in a property transaction. A property lawyer will peruse and agree draft contracts, transfers, mortgages and leases and draw up all the documents that sellers and purchasers must sign in the course of a transaction. They may act on behalf of the vendor or the purchaser.
Property Lawyers functions include:
- Taking instructions from clients
- Sending terms of engagement and estimates of fees to clients
- Obtaining or checking Land Registry documents or title deeds (if the land is unregistered)
- Drafting or checking sales contracts and agreeing terms with the lawyer acting for the other party to the transaction
- Exchanging contracts and completing the transaction
- Dealing with all financial aspects of a transaction
- Completion of sales and purchases
Overall, a conveyancing lawyer would spend most of their time researching information, communicating with clients and others in person, on the phone, by letter or by email, completing forms and drafting documents. They seek to protect their clients’ interests at all times, while taking precautions against potential fraud and money laundering.
