Conveyancer vs Property Lawyer
Both handle property transactions, but a property lawyer can handle complex legal issues that a conveyancer cannot. For straightforward purchases, either works. For complex situations, use a lawyer.
Side-by-Side Comparison
| Attribute | Conveyancer | Property Lawyer |
|---|---|---|
| Qualification | Licensed conveyancing practitioner | Admitted barrister and solicitor |
| Scope of work | Property transactions only | Property transactions plus broader legal advice |
| Typical cost | $900-$1,500 | $1,200-$2,500+ |
| Complex title issues | May need to refer to a lawyer | Can handle directly |
| Disputes & litigation | Cannot represent you | Full representation available |
| Trust & company purchases | Limited capability | Can advise on structure and tax |
| Regulatory oversight | New Zealand Society of Conveyancers | New Zealand Law Society |
Conveyancer Explained
A conveyancer is a licensed professional who specialises in the legal process of transferring property ownership. They handle the standard conveyancing steps: title searches, reviewing sale and purchase agreements, managing conditions, coordinating settlement, and registering the transfer with LINZ.
Conveyancers are typically cheaper than property lawyers and perfectly capable of handling straightforward property transactions. They're regulated by the New Zealand Society of Conveyancers.
Property Lawyer Explained
A property lawyer is a fully qualified solicitor who specialises in property law. They can do everything a conveyancer does, plus handle complex legal issues like trust structures, relationship property agreements, boundary disputes, easement negotiations, and litigation.
Property lawyers cost more but provide broader coverage. If something unexpected arises during the transaction, a lawyer can address it directly rather than referring you elsewhere.
Do You Need Both?
No โ you choose one or the other for your property transaction. A conveyancer is fine for straightforward purchases. A property lawyer is recommended for complex transactions (cross-lease issues, trust purchases, relationship property, development sites, or any situation where disputes might arise).
Which Should You Get First?
Engage your conveyancer or lawyer before you start making offers. They should review the sale and purchase agreement before you sign, not after. If you're unsure which to choose, start with a property lawyer โ you can always save money on the next simple transaction.
Frequently Asked Questions
Can a conveyancer review my sale and purchase agreement?
Yes. Reviewing and advising on sale and purchase agreements is a core part of conveyancing work. However, if the agreement involves unusual terms or complex conditions, a property lawyer may be better equipped.
How do I find a good property lawyer or conveyancer?
Ask for recommendations from friends, family, or your real estate agent. Check online reviews and ensure they're properly licensed. For lawyers, check the New Zealand Law Society's register. For conveyancers, check the New Zealand Society of Conveyancers.
Related Terms
LIM Report
GlossaryA Land Information Memorandum โ an official council report summarising everything the council knows about a property.
Cross-Lease
GlossaryA form of property ownership where multiple owners share the freehold of a single piece of land and lease their individual dwellings from each other.
Unit Title
GlossaryA form of property ownership for apartments, townhouses, and other multi-unit developments where each owner holds title to their individual unit and shares ownership of common property.
Freehold
GlossaryThe most complete form of property ownership in New Zealand, giving the owner full rights to both the land and any buildings on it.
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