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What is a Conveyance Lawyer?

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  • Written By: Daphne Mallory
  • Edited By: Jenn Walker
  • Last Modified Date: 02 December 2016
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    Conjecture Corporation
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A conveyance lawyer, or a property lawyer, is one who specializes in real estate law. They assist buyers and sellers with the legal aspects of transferring property in real estate transactions, including placing or removing liens. Sellers may hire a conveyance lawyer to help resolve title claim disputes as well. Buyers also often hire one to help with settling any encumbrances on the property, prior to finalizing a sale. Commercial entities also use conveyance lawyers to ensure their plans for construction comply with local zoning rules.

Transferring a legal title can be a complex process, and if not done correctly, the buyer can lose rights or the title. For example, a buyer may not end up with unmarketable title because they did not do a thorough search to establish a clear chain of title. A conveyance lawyer is trained to deal with the legal challenges and pitfalls associated with transferring ownership to real estate and often seeks to protect his client’s interest. They have the checks and balances in place to ensure the title is properly researched and that property can be transferred free of liens or other problems. Business owners may face such challenges in regard to obtaining permits or permission to build new property or change the use of existing property in accordance with zoning laws.

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Property may also be transferred fraudulently, and a conveyance lawyer may be asked to undo the transfer or help sue for damages. Some fraudulent acts include transferring property to a spouse to evade creditors or cause a delay in debt collections. Creditors may hire conveyance lawyers to litigate those matters in court and to petition the court to void the transfer. A conveyance lawyer may also represent clients in easement cases, in which local governments and individuals encroach on their property, without an express or implied easement. The lawyer may also research and negotiate easements as part of a real estate purchase.

Contract preparation and negotiating is often one of the main tasks of a conveyance lawyer. They are trained to spot issues within the contract as well as omissions that need be inserted to benefit their clients and comply with local laws. They compile all the paperwork needed to complete the conveyance, or if the opposing counsel does it, they are on hand to make sure they have all of the necessary paperwork. Clients also often lean on them for advice about the selling or buying process and ask questions when they are confused about the legal process.

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Markerrag
Post 2

@Logicfest -- You also have a lot of conveyance lawyers involved in the transactional end of real estate sales. When you see those closing documents quoting attorneys fees, the lawyer receiving that money is probably a conveyance lawyer.

And what do those lawyers do when it comes to selling real estate? You've already talked about title searches, but they also do quite a bit in terms of advising their clients on how to make it clear to buyers what their responsibilities are when closing on a house, writing real estate contracts, etc.

No, it is not the most exciting area of law, but it typically pays well and helps lawyers avoid stress.

Logicfest
Post 1

You also have more than a few conveyance lawyers working for title companies. That makes a lot of sense because title companies are the ones that essentially provide insurance that the seller can deliver a good deed to the buyer. If the title search isn't done well, the company that issues that insurance can be in a lot of trouble if it didn't do enough to find that flaw in the title.

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