Property law can be overwhelming and there’s a range of terminology to know. When seeking legal support and advice, it helps to know that you’re asking the right people.
In this article, we outline the property law professionals you need to know about, including property lawyers, solicitors, barristers, and attorneys. If you’re looking for property law experts, this article will help you decide which is right for you.
What is a lawyer?
A lawyer is a person who practises or studies law, known in New Zealand as a barrister or solicitor. Key responsibilities of a lawyer include providing legal advice and representing clients in court.
To practice law, lawyers must have the following:
- A qualification to practice law, such as a Bachelor of Laws undergraduate degree or a Juris Doctor postgraduate degree.
- Admission to the Roll of Barristers and Solicitors of the High Court of New Zealand.
- A current practising certificate, issued by the New Zealand Law Society.
If you are seeking a property lawyer or conveyancing expert, you will generally need a solicitor or conveyancing expert, not a barrister.
What is a solicitor?
A solicitor in a private practice is generally your point of contact when seeking legal advice. In terms of property transactions, their responsibilities may include:
- providing you with legal advice;
- helping you understand your legal obligations as a property owner;
- Assisting with the Sale and Purchase Agreement;
- drafting your contracts and other legal documents;
- Preparing bank security documents for signing by you.
- helping settlement funds transfer.
Solicitors may also work in-house for companies or the government.
What is a barrister?
A barrister is a law expert with thorough knowledge of the rules of evidence and court procedure. They provide expert legal advice in specific areas of law, often with more specialist expertise than a solicitor. In property transactions, you typically won’t need a barrister.
The day-to-day responsibilities of a barrister typically include determining a strategy to use in court and providing advice on matters of law within their expertise. Generally, barristers do not work for a firm or in partnership with other barristers and do not have the practical expertise you will need.
What is an attorney?
In other countries, such as the USA, an attorney is a lawyer who can practise law in a specific jurisdiction. However, in New Zealand, the term ‘attorney’ is not used in this context. Instead, it is only used in the context of an Enduring Power of Attorney (EPA), which is when someone you trust is given the legal authority to look after your health and welfare -- very different.
What is a conveyancing lawyer?
A conveyancing lawyer, property purchase solicitor, or property lawyer is responsible for completing all legal requirements during a property transaction. They’re responsible for ensuring everything happens at the right time, that you understand and are up to date with the process, and that everyone receives the appropriate communications.
Registered conveyancers and conveyancing lawyers offer a range of services which may include, but are not limited to, the following:
Processing legal documents
Your conveyancer manages all necessary paperwork for you and ensures it is processed at the right time. This includes drafting documents, reviewing reports, and ensuring proper signatures at the appropriate times. They can also review the sales and purchase agreements to identify any potential issues before the deal is finalised.
Anti-money laundering
Your conveyancing lawyer must conduct Customer Due Diligence (CDD) checks to prevent money laundering and report any suspicious activity. This means they will verify the identities of all involved parties and review the financial details required for the purchase.
LIM reports
Your conveyancer will help obtain and review any Land Information Memorandum (LIM) reports from the local authority (council) in the area you are purchasing. This involves highlighting anything that may affect the property value, such as outstanding rates or consents. If issues arise, they also assist in negotiations.
Property titles
To clarify what is included in the transaction, your conveyancer will complete a property title check. This includes checking any easements or covenants outlined in the Certificate of Title. This will also ensure that the type of property title is clear, whether that be leasehold, freehold, or otherwise.
Grant applications
If you’ll be utilising grants like KiwiSaver HomeStart, your conveyancer will guide you through eligibility criteria and forms. When it’s time to transfer the funds, they’ll also coordinate with the relevant parties.
Communication
Your conveyancing lawyer facilitates communication between everyone involved, ensuring smooth coordination throughout the transaction. They’ll network with banks, brokers, and councils to streamline the whole process with important dates and activities recorded. You should be able to rely on them to meet all deadlines and keep you informed.
Settlement
Your conveyancer will handle all the fund transfers and paperwork to ensure a seamless settlement process. This includes the title transfer and key handover to the new owner, giving you ultimate peace of mind.
Online Conveyancing
Enjoy the convenience of completing the entire conveyancing process online with Halliwells Ltd law firm. With over 100 years of combined experience in residential conveyancing, Halliwells offers quicker processing times and competitive prices through its popular online services. In addition to this, our team will provide regular updates and be readily accessible to answer any queries that may arise. Our online portal makes it easy to get a free quote and connects you with our property law experts. By providing our services online, we provide cost-effective and convenient legal representation, making your experience seamless and straightforward.
Request a free conveyancing quote today to experience the efficiency and support firsthand.
