What is a Conveyance?

Conveyance involves the transfer of ownership interest in the property from a party to another one. Conveyance also means the written instrument, like a lease or deed which transfers a property’s legal title from the seller to the buyer. The term is often associated with real estate, where a conveyance is the written contract existing between the buyer and the seller stating the purchase price agreed on and also the actual transfer date, and also both parties obligations and responsibilities. Conveyance of ownership of real estate is also known as conveyancing, and the legal representative supervising the process is called a conveyancer.

How Does a Conveyance Work?

A conveyance refers to a contract, meaning that the buyer, as well as, the seller is legally bound to fulfill their obligations. Supposing either party doesn’t do so, the other party is capable of suing the defaulting party to court to either claim damages or enforce the contract. Conveyancing makes sure that the buyer is informed beforehand of any restraint on the property, like liens and mortgages, and guarantees the buyer clean title to the property. The majority of buyers buy title insurance to safeguard against the likelihood of fraud during the process of title transfer.

Real Estate Conveyance

Conveyance as a terminology generally applies legally beyond residential real estate. The conveyance in the majority of real estate transactions is also referred to as the sale deed. Conveyance is the category and sales deed is a conveyance type which falls within this category. The process involved in a typical conveyance would include a review for liens, as well as, other encumbrances, ensuring every condition has been met, settling all charges and taxes with the right party before the transfer, confirming financing, as well as, preparing every necessary document for final settlement. The documents provided for conveyancing usually include the mortgage documents, the title insurance binder, certificate of liens, the deed, and any side agreements associated with the sale.

Mineral Rights Conveyance

Conveyance applies to the oil and gas industry as well. As land is a type of real estate with attached rights, exploration companies utilize the term conveyance to refer to contracts that transfer to the company rights to or ownership of specific parcels of land. The most popular conveyance is a contract giving mineral rights without turning over the land title, but conveyances are also utilized for establishing right of way for a company’s operations on the property of a landowner. The landowner is, certainly, compensated for the transfer of these rights to the exploration company.

Jason M. Gordon

Member | Co-Founder Law for Georgia, LLC

Chat with us