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The Art of Conveyancing

Conveyancing is the art of transferring real property from the current owner to a new owner. A real estate lawyer assesses the desires of the seller and of the buyer and synthesizes those intentions into legal reality drafting and helping to record deeds and other appropriate instruments. The real estate lawyer should assess a variety of relevant issues, such as the documents appropriate for the transaction, the people who must sign the documents, the type of deed that will be transferred, and so forth.

The document that transfers ownership of real estate is the deed. The deed should name the buyer and seller, give an accurate legal description of the property, and be signed by the person or entity representative conveying the real property. There are a few different types of deeds that may be used to transfer property. Each deed has the effect of transferring the interest the seller has to the buyer. Different deeds may be more appropriate in different situations. You should contact a real estate lawyer to discuss the type of deed that is right your transfer.

When multiple people are considering buying, or taking title to, a property together, the real estate attorney needs to help the buyers understand how they may take title. Co-owners can be joint tenants with or without right of survivorship, or tenants in common. While the decision does not affect the rights and duties of the tenants, the choice of holding title will make a difference in the way the property is distributed on the death of one of the tenants. Tenant in common law simply means owner. A real estate attorney can help prospective buyers decide the preferable form of title.

Perhaps the most important step in the process is recording the deed or other document in the county where the real property is located. The owner’s interests are not fully protected until the papers are recorded. However, the ownership is valid even if the deed is not recorded. Recording is so important because neglecting to record the deed makes ownership vulnerable to being challenged if somehow another person acquires title that could challenge the owner’s title. The date of recording will determine the priority of claims against the property.

Before Listing Your Property for Sale

Contact a real estate agent to take a look at your house. The agent can tell you how your house compares, in condition and value, to other properties in your market. The agent may have suggestions for repairs or small improvements that could help you sell your house.

Maintain your lawn, garden, and shrubs. Keep the lawn watered and plant some flowers.

Take pictures of any conditions that may change during the time that you are trying to sell your house. If you have attractive gardens that may disappear before you sell your house, take pictures of them to show what the house looks like when it is tended properly.

If the exterior paint is fading or peeling, apply a fresh coat.

If you have a chimney or furnace, have each inspected and cleaned.

Evaluate the look of your house as you enter the front door. Is your entry cluttered or crowded? Do you get the feeling that a real person lives there? Will people see you, or will people be able to see the house?

Clean the house completely and thoroughly and remove the clutter and excess furniture. Pay for a professional cleaning of the carpets and draperies; It will make a difference. Store excess personal property to make the rooms look bigger and brighter.

Touch up interior paint. Fix drippy faucets and update the knobs and handles on the kitchen cabinets. If rooms are painted in non-traditional colors—anything that is bright or unconventional—consider painting them in neutral colors. Repair or replace broken and cracked windows. Wash the windows inside and out.

Clean the bathroom and kitchen to a spotless state of perfection. Clean the mildew out of your shower and touch up grout.

Hire a professional cleaning service while your house is on the market so you are ready for showings on short or little notice.

Be ready for anything.

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Areas of Representation

We represent clients in the following areas (and around all of Minnesota):