This week in the A – Z of Conveyancing, we’ll go through the commonly used terms in relation to conveyancing, looking at the letter E.

Easement

A right to use or enter property for a specific use e.g to drain water. An easement will be registered on the title of the property or on the title of multiple benefiting or burdened properties. The terms of the easement will be set out in an associated registered dealing. This may document who has the rights to access, what the access may be used for and the restrictions of such access.

Electronic Notice of Sale

This is an electronic notice which is prepared by your solicitor or conveyancer and submitted to Land Registry Services for lodgement on settlement. It contains the forwarding address and details of the new owner of the property so notices such as council rates and water rates will be received by the new owner at the address nominated on the notice.

Exchange

This is the physical process of exchanging signed contracts. Once a deposit has been paid and a contract is signed by the vendor and an exact duplicate is signed by the purchaser, the solicitor/conveyancer or selling agent will then date both contracts. Once the signed contracts have both been dated, they are exchanged as at that date.

Exclusions

Items which are specifically noted on a Contract for Sale which will be removed from the sale property prior to completion and will not be sold with the sale property.

For more information on the A – Z of Conveyancing check out our other posts:

The Letter A: Adjustments, Amendments, Auctions

The Letter B: Breach, Broker, Building Contract, By-Laws

The Letter C: Caveat, Certificate of Title, Community Title, Contract for Sale, Cooling off Period 

The Letter D: Deposit, Deposit Bond, Deposited Plan, Disbursements, Discharge of Mortgage

The Letter F: Final Inspection, Finance, Fittings & Fixtures

The Letter G: Grants, Guarantee/Guarantor, Goods and Services Tax (GST)

The Letter H: Holding Deposit, Home Loan

The Letter I: Inclusions, Inspection Reports, Insurance

The Letters J & K: Joint Tenants and Keys

The Letter L: Land Tax, Lease, Lenders Mortgage Insurance, LRV – Loan to Value Ratio

The Letter M: Mortgage, Mortgagor, Mortgagee.

The Letter N: Negotiations, Notice of Rescission, Notice to Complete

The Letter O: Occupation Certificate, Off the Plan, Open House, Owners Corporation

The Letter P: Penalty Interest, PEXA, Principal place of residence, Proprietor

The Letter Q & R: Quiet enjoyment, Registration, Requisitions on Title, Rescission, Reserve price