Editing Conveyancing (section)

== Australia ==
Most privately owned land in Australia is now regulated under the [[Torrens system]] of [[land registration]], introduced between 1857 and 1875. Some parcels of land are still unregistered and commonly referred to as general law land. Property law in Australia is derived from English common law.<ref name=OldSytem>ISSN 2200-9698 (2013). [http://www.lpi.nsw.gov.au/__data/assets/pdf_file/0018/150705/Old_System_information.pdf#5 Land and Property Information - Old System Information and Search Guide] {{Webarchive|url=https://web.archive.org/web/20160303161135/http://www.lpi.nsw.gov.au/__data/assets/pdf_file/0018/150705/Old_System_information.pdf#5 |date=2016-03-03 }}</ref>

Conveyancing in Australia (also called a transfer) is usually carried out by a [[solicitor]] or a [[licensed conveyancer]]. Kits are available for the buyer to complete the process themselves, but due to the complexity of varying state and council laws and processes, this is usually not recommended.

[[Queensland]] and [[New South Wales]] have a 5 days "cooling off" period for residential contracts. [[Victoria, Australia|Victoria]] has a 3 business day [https://www.provey.com.au/resources/cooling-off-rights-faq/ cooling off period] on private sales and [[South Australia]] has 2 days. During this time the purchaser may reconsider the purchase and, if they so wish, cancel the contract, in which case the purchaser may be legally bound to pay 0.25% of the purchasing price to the seller (0.2% in Victoria). Not all contracts have a cooling off period such as when the property is purchased at auction or if the purchaser expedites the process.<ref>{{Cite web|url=http://teddingtonlegal.com.au/the-conveyancing-process-simplified/|title=The Conveyancing Process {{!}} Simplified {{!}} Teddington Legal|website=teddingtonlegal.com.au|language=en-AU|access-date=2018-10-02|archive-date=2 October 2018|archive-url=https://web.archive.org/web/20181002153304/https://teddingtonlegal.com.au/the-conveyancing-process-simplified/|url-status=live}}</ref>

A common conveyance by a solicitor or a licensed conveyancer usually takes 4 to 6 weeks. Most firms offer fixed price services which normally include costs for [[Title search|searches]], legal advice and other outlays. In most states and territories a typical conveyance includes, but is not limited to, the following:

* checking for encumbrances and restrictions on the property
* ensuring special conditions mentioned in the [[contract]] are met
* making sure [[rates (tax)|rates]], land tax and water consumption charges are paid by the appropriate party
* arranging for the payment of fees and charges and government duties
* preparation of [[legal document]]s
* for the purchaser, liaising with the financiers of the purchaser to satisfy their requirements before settlement 
* for the vendor, liaising with the financiers of the vendor to arrange settlement and obtain discharge of mortgages on the title 
* arranging and attending final settlement.

Searches tend to take up the bulk of the conveyance. Due to the three level system of government (federal, state and local), it must be made sure that the vendor is entitled to all rights and title. Most information is retrieved from state or local (council) authorities. Conveyancing processes, legal documentation, contract requirements, and search requirements vary between each state and territory.

Requirements, searches and costs can vary between jurisdictions, depending on local property legislation and regulations. Depending on the circumstances of each case, and depending on the jurisdiction, a [[title search]] may also involve:

* registered plan search or building units/group titles plan search
* [[company]] search
* contaminated land search
* council property search
* full council inspection of records search
* [[land tax]] search
* main roads search.

With the introduction of the ''Electronic Conveyancing National Law'' in 2012,<ref>{{Cite web |url=https://www.arnecc.gov.au/regulation/electronic_conveyancing_national_law |title=Electronic Conveyancing National Law |access-date=27 January 2019 |archive-date=27 January 2019 |archive-url=https://web.archive.org/web/20190127094732/https://www.arnecc.gov.au/regulation/electronic_conveyancing_national_law |url-status=live }}</ref> all Australian states are in the process of transitioning to [[electronic conveyancing]] in accordance with state-based mandates.