Property & Housing
Conveyancer
A conveyancer is an attorney with specialised qualification to transfer ownership of immovable property. Only a conveyancer can lodge deeds at the Deeds Office.
Legal Definition
An attorney admitted by the High Court as a conveyancer. Only conveyancers may prepare and lodge deeds of transfer, bonds, and servitudes at the Deeds Office. Conveyancing fees are regulated by the Legal Practice Council.
📖 Constitutional / Statutory Basis: Section 25, Constitution of the Republic of South Africa, 1996; Deeds Registries Act 47 of 1937; Legal Practice Act 28 of 2014
Practical Example
You buy a house. The seller's estate agent appoints a conveyancing attorney. The conveyancer prepares the transfer documents, lodges them at the Deeds Office, and registers the transfer in your name.
Frequently Asked Questions
Who appoints the conveyancer in a property sale?
By convention, the seller nominates the transferring conveyancer. The buyer usually has no say, but this is negotiable.
Can I use any attorney for a property transfer?
No — only admitted conveyancers can lodge documents at the Deeds Office. Any attorney can give advice, but conveyancing work requires a conveyancer.
Are conveyancing fees negotiable?
The Legal Practice Council sets a recommended tariff based on property value. Fees are largely standardised but attorneys may discount on large-volume work.
Related Terms
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