Conveyancing
The legal process of transferring ownership of real property from one party to another; involves title searches, preparation of deeds, and recording with the appropriate government office.
While straightforward in theory, many businesses fail to actively track obligations tied to this concept - often resulting in missed deadlines, unintended renewals, penalties, or loss of contractual rights.
US Law · For business owners and foundersWhat is a Conveyancing?
Conveyancing is the legal process of transferring title to real property - land and structures permanently attached to it - from a seller (grantor) to a buyer (grantee). In the US, conveyancing is governed by state law and typically involves: negotiating a purchase agreement, conducting a title search, drafting and executing a deed, and recording the deed with the county government.
The central instrument in a conveyancing transaction is the deed - a written legal document that transfers title. The most common types are warranty deeds (seller warrants clear title), quitclaim deeds (seller transfers only whatever interest they have, with no warranties), and grant deeds (common in California - seller warrants they haven't previously transferred the property).
Title insurance is a critical component of most US real estate transactions. A lender's title policy protects the mortgage lender against title defects. An owner's title policy protects the buyer. Title insurance is a one-time premium paid at closing that covers undiscovered defects, liens, and claims against the property.
In practice, many teams rely on a contract expiry tracking system to stay on top of dates and obligations tied to clauses like this.
Key Elements
Purchase Agreement
The binding contract setting out the terms of the sale - price, closing date, contingencies, and representations. This is the foundation of the conveyancing transaction.Title Search
A review of the property's ownership history (the "chain of title") to confirm the seller owns it free and clear and to identify any liens, judgments, easements, or encumbrances.Deed Preparation and Execution
The seller signs a deed in front of a notary. The deed must identify the grantor and grantee, describe the property (by legal description), state the consideration, and include the transfer language.Recording
After execution, the deed is recorded at the county recorder's office. Recording creates public notice of the transfer and protects the buyer against subsequent claims from third parties.Settlement / Closing
The closing is the meeting (or remote process) where all documents are signed, funds are transferred, and the keys are handed over. The deed is delivered to the buyer at closing.Real-World Example
Your company purchases a warehouse for $2M. Title search reveals an old contractor's lien filed against the property that the seller never paid. The lien was not disclosed.
The undisclosed lien encumbers your title. If you purchased with a warranty deed, the seller has breached the warranty of title and is liable to you for the lien amount. If you purchased with title insurance, your insurer may pay to clear the lien. If you used a quitclaim deed without title insurance, you assumed the risk of undisclosed liens.
This is why many businesses adopt automated deadline tracking to ensure no critical dates are missed before they pass.
Sample Clause Language
Title and Conveyancing Warranty ClauseWatch Out For
Title search ≠ title insurance
A title search finds known recorded defects. Title insurance protects against undiscovered defects, forgeries, errors in the public record, and other issues the search cannot find. Both are needed.Recording deadlines
Delay in recording can expose the buyer to claims from subsequent purchasers or judgment creditors. Always record the deed promptly at closing.Don't let conveyancing deadlines catch you off guard
Key dates tied to conveyancings - renewal windows, expiry cutoffs, notice periods - can easily slip through the cracks when tracked manually. Missing them triggers automatic extensions, penalties, or lost rights. ExpiryEdge tracks every critical deadline and sends automated reminders before they're due - so nothing slips.
Instead of relying on spreadsheets or manual follow-ups, a centralized renewal reminder system ensures every deadline is visible, tracked, and actioned automatically.
How to Use This in Your Favor
Always buy an owner's title insurance policy
Lenders require lender's title insurance. But the lender's policy only protects the lender. Purchase a separate owner's policy to protect your equity in the property against title defects.Require a warranty deed in commercial transactions
Insist on a general warranty deed rather than a quitclaim deed. A warranty deed gives you a direct claim against the seller if title defects emerge after closing.Related Terms
Frequently Asked Questions
What is the difference between a warranty deed and a quitclaim deed?
A warranty deed includes the seller's guarantee that they own the property and that the title is clear. A quitclaim deed transfers only whatever interest the seller actually has - with no warranties. Quitclaim deeds are used in divorces, estate transfers, and situations where the parties trust each other.
Do I need a real estate attorney for conveyancing?
In many US states (particularly on the East Coast), an attorney is required or customary for real estate closings. In others (California, Texas), title companies and escrow companies typically handle the process. For commercial real estate transactions, always use an attorney regardless of local custom.