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Conveyancing

Section 26(3)(a)

One of the exemptions to the exclusions in the Act relates to the provision of conveyancing services. We may provide conveyancing services if, but only if, it is a matter connected to a matter for which legal services have already been
granted. This most commonly arises in the context of a property adjustment order granted as ancillary relief in divorce or judicial separation proceedings.

The Board has decided the provision of conveyancing services is to be construed narrowly to mean the transfer of an existing interest in property. This means that you can only take the steps necessary to transfer an existing interest in the property being transferred and/or such other interest as is determined by a court.  It should be pointed out that minimum searches on title should be carried out in the context of disclosure/discovery during family law proceedings.  It is essential that title defects going to the value of property should be identified before the hearing or settlement. Ideally, during the course of the proceedings, you should be in a position to advise the client as to what the likely attitude of lenders will be if the court orders the transfer of title(see below)

If the Court makes an order subject to certain conditions, which indirectly improves the title, effecting such improvements shall be a matter for the client personally and not the Board.