What are Conveyancing Searches?
by FindLaw Team
When purchasing a property, it is important to ensure that all appropriate conveyancing searches have been conducted. If you hire a solicitor to assist you with the transaction, your solicitor will ensure that all necessary searches have been carried out.
These searches are necessary to confirm that the seller actually owns the property and has the right to sell it to you. They will also provide information about any encumbrances on the title. For example, the seller may have registered a mortgage against the property. This mortgage must be removed from the title.
There are other types of instruments which may be registered against the title. For example, there may be easements giving the municipality or a utility company the right to use a portion of your property for matters such as sewerage, electricity, telephones or gas.
There may also be restrictive covenants on the title which affect how the property can be used. For example, a neighbourhood may have building size and design requirements.
It is also important to verify all aspects related to the land and buildings. You should verify that the buildings on the property were constructed in the proper locations and also that the neighbour’s buildings do not encroach on your property.
While there are modest costs to carry out the necessary searches, these searches are an important part of ensuring that you receive proper title to your property.