Licensed Conveyancers

The It is important to differentiate between the full real estate conveyancing services provided by qualified legal practitioners, on one hand, and the simple clerical services available through conveyancers, on the other.

(1) In this Act, "conveyancing work" means legal work carried out in connection with any transaction that creates, varies, transfers, conveys or extinguishes a legal or equitable interest in any real or personal property, such as, for example, any of the following transactions—

(a) the sale of a freehold interest in land;

(b) the creation, sale or assignment of a leasehold interest in land;

(2) Without limiting sub-section (1), "conveyancing work" includes—

(a) legal work involved in preparing any document (such as an agreement, conveyance, transfer, lease or mortgage) that is necessary to give effect to a transaction of a kind referred to in sub-section (1); and

(b) legal work (such as the giving of advice or the preparation, perusal, exchange or registration of documents) that is consequential or ancillary to a transaction of a kind referred to in sub-section (1); and

(c) any other legal work that is prescribed by the regulations as constituting conveyancing work for the purposes of this Act.

(3) However, "conveyancing work" does not include—

(a) legal work carried out for the purpose of—

(i) commencing or maintaining legal proceedings; or

(ii) applying for a grant of probate or letters of administration; or

(iii) establishing a corporation or varying the constitution of a corporation; or

(iv) creating, varying or extinguishing a trust; or

(v) preparing a testamentary instrument; or

(vi) giving investment or financial advice; or

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