Conveyancing In Australia: A Brief History

If you've ever undertaken Brisbane conveyancing, Gold Coast conveyancing or conveyancing anywhere in Australia, then you may have been curious about the roots of conveyancing and how it was originally conceived and developed. As with many legal practices, modern conveyancing is the product of years' worth of trial and error; in essence, conveyancing refers to the conveying of property from one person to another; it must be clear and concise, as property disputes are among the most difficult to unravel. In order to understand the history of conveyancing, one must look back many hundreds of years.

Back in approximately 1290 AD, the English legal system began using documents to make a chain of proof regarding the ownership of land and property. This was done to reduce confusion and fighting over land, and is referred to as the "Old System Title." It was brought over and was relied upon during the earliest days of colonisation in Australia, and was therefore considered the standard, or norm, by which property transactions were conducted. In fact, it continued to be the preferred method until the mid-nineteenth century.

In 1857, Sir Robert Torrens introduced the Real Property Act in South Australia; this standard would later take hold all around the country - and throughout many countries in the world like England and parts of the United States and Canada. Under this system, registered land owners were issued a certificate of title; the Torrens system of title registration remains the conveyancing method of choice in Australia - although a few pieces of property continue to be held under the "Old System".

During modern times, conveyancers have played very important roles in the conveyancing process in Australia. Because most of the framework for the modern conveyancing system was conceived so many years ago, there remain many confusing terms and practices associated with the process. Professional conveyancing solicitors assist their clients by sorting through the technical terms on their behalf, manoeuvring the system for them and making sure that everything goes as smoothly as possible.

There's no question that conveyancing in Australia has changed a lot from its earliest incarnation during the colonisation period. The Torrens system and the Real Property Act of 1857 made the largest impact in conveyancing history, and their repercussions are still felt today. Modern conveyancing solicitors are necessary to navigate the complex system and its many associated processes, and allow laypeople to avoid having to sort through all of the legalese.