Why conveyance laws are critical to property owners

Property owners should identify the critical stages in a conveyancing transaction. FILE PHOTO | NMG 

By JOEL OMARI AND CALVINE OREDI

Experts recently called for more education and dissemination of property laws to facilitate its understanding by small investors. This is because they get affected the most when property companies go under. They also risk losing personal property due to uncertainty on authenticity of
land titles.

The trap of dubious documents can be avoided by Kenyans and property owners by understanding more about general principles of conveyance laws and familiarising with concepts and protocols of these laws. Kenyans have lost property through improper transactions. Consequently, it is important for them to conceptualise conveyance as a process by which legal title to their property is transferred.

Property owners should identify the critical stages in a conveyancing transaction and ensure they can plan and complete all the stages of a freehold or leasehold conveyance.

Knowledge of land law is presupposed while knowledge of contract law, succession law and equity is critical. It’s usually advised that a competent authority in legal matters be roped hence the need to appreciate the role of a lawyer as the necessary intruder in conveyancing transactions.

Conveyancing may also involve a simple modification of title or even an involuntary transfer of an interest, for instance sale by a secured lender. The three critical ingredients are thus the legal title, the process, and the transfer or modification of title.

There are procedural and substantive aspects of conveyancing. Procedural aspects cover the processes followed in property transactions and the substantive law defines rights and responsibilities.

The legal title or interest to be transferred or modified must legally exist and the seller must have that legal right. Consequently, legal process demands that a buyer or his legal representative investigate and ascertain that the title is legal.

A conveyance describes the document used to effect the conveyancing, and conveyancer describes the qualified professional or specialist lawyer on paper work and finances.

The role of the conveyancer is to represent the buyer, seller or lender.

The conveyancer must, however, be qualified according to the Advocates Act and hold Advocates Practicing Certificate to be allowed to prepare documents and to facilitate a transaction.