You are not legally obliged to engage the services of a solicitor or registered conveyancer, however Land Services SA always recommend engaging an industry professional to seek representation due to the complex legal nature of land transactions / dealings, subdivisions and boundary realignments.
A registered conveyancer or legal practitioner will generally undertake the following on your behalf:
- Prepare and clarify legal documents, like the contract of sale, memorandum of transfer
- Conduct research about the property and its certificate of title, like checking for easements and the type of title
- Represent you in preparing for and during settlement
- Place and hold deposit money in a trust account
- Calculate the adjustment of rates and taxes when buying or selling a property
- Liaise with the vendor or buyer’s solicitor or registered conveyancer over settlement arrangements
- Contact you to advise when settlement or subdivision is complete
- Contact your financial institution, if applicable, regarding how and when the final payments are to be made and received
- Submit applications to Revenue SA for any grants you may be eligible for, such as first home owners grant
- Negotiate offers on your behalf with a vendor or their agent
- Lodge all necessary documents with the relevant agencies.
A licenced surveyor will generally undertake the following on your behalf:
- Identify and mark the location of existing property boundaries on the ground, through Identification Surveys that may be required for fencing or construction purposes
- Prepare and certify most plans of land division or amalgamation
- Create an easement
- Identify the location of an easement
Finding an Industry Professional
The best way to find an Industry Professional is through a recommendation by a friend or family. Alternatively, the Industry Bodies below publish lists of registered and certified practitioners in your areas:
- Legal Practitioner – Law Society of South Australia
- Conveyancer –  Australian Institute of Conveyancers South Australia
- Surveyor – Surveyors Board of South Australia
Should you not engage the services of an industry professional, you will be responsible to:
- Prepare all legal documentation
- Make sure you fully understand all relevant legislation and regulations that apply
- Be aware of the requirements of all other agencies that may need to be involved – eg your local council
While Land Services SA provide a range of educational materials, factsheets and guidance notes – we will not provide any legal or advisory assistance to non-represented clients.