This guide deals with the transfer of ownership pursuant to the sale of fixed property. The procedure is similar to that required for the ownership of fixed property pursuant to donation, inheritance, exchange or a divorce settlement and so forth. A conveyancing transaction involves a chain of steps which begins with the deed of sale and which continues through to the ultimate registration of ownership and the reconciliation of finances and payments. A conveyancer is admitted as such by the High Court after having completed a special qualifying examination. In addition, only a person who has been admitted by the High Court as an attorney may practice as a conveyancer.
All conveyancers are therefore, also attorneys.
If the so-qualified attorney wishes to practice in the highly technical branch of the law dealing with fixed property, he or she has to do intensive study of a large number of Acts of Parliament, regulations, Supreme Court decisions and decisions by Registrars of Deeds relating to fixed property. Then he or she has to pass an extensive examination. Only after passing this examination will the High Court allow the attorney to practice as a conveyancer. The other party may also appoint a conveyancing attorney to advise him or her, but these charges will be over and above the conveyancing costs submitted by the conveyancer who will be doing the actual transfer. The purchaser may also appoint a conveyancing attorney to advise him or her, but these charges will be over and above the conveyancing costs submitted by the seller's conveyancer, who will be doing the actual transfer.