Property Guidelines

GUIDELINES FOR CONDUCTING PROPERTY LAW MATTERS

The Society is often asked by members to give guidance on procedures or to lay down rules of practice. It has become apparent that members require guidance on the ethical principles and codes of professional conduct that apply to property law practice. This document is intended to serve the needs of the experienced conveyancer and also to serve as an introduction to conveyancing practice for newly qualified practitioners who may not have had sufficient exposure to the practical and ethical aspects of conveyancing. The Property Law Committee in conjunction with the Ethics Committee accordingly offers the following guidance,including principles of practice that are widely accepted by conveyancing attorneys. It must be emphasised that these guidelines are not exhaustive and must be read and applied together with the provisions of the Attorneys Act, 1979, other relevant legislation, the conductrules of the Law Society as well as the rulings on conveyancing and property law matters made by the Society from time to time.

AMBIT OF GUIDELINES - INDEX TO DOCUMENT

1.ETHICS AND HONESTY

1.1 Accuracy and Transparency
1.2 Purchasing of Work

2. HONOURING OF UNDERTAKINGS

3. RELATIONSHIP WITH COLLEAGUES

3.1 Duty to transact openly, to co-operate and not to delay matters
3.2 Duty to use the title deed and other documents for intended purpose and to return the deed after declared purpose has been (or cannot be) achieved
3.3 Duty not to interfere with a transaction nor to quote for work, where the work has already been allocated to a colleague
3.4 Obligation not to interfere with, or give, instructions to a colleague's staff
3.5 Conduct in the Deeds Office and duty to co-operate
3.6 Roving Conveyancers

4.THE RELATIONSHIP BETWEEN THE CONVEYANCER AND THE
PURCHASER/SELLER/ MORTGAGOR/ MORTGAGEE

4.1 Relationship with the seller
4.2 Relationship with the purchaser
4.3 Relationship with the mortgagee
4.4 Relationship with the mortgagor

5.THE RELATIONSHIP WITH THE DEEDS OFFICE

5.1 Formal conduct
5.2 Personal contact with Deeds Office personnel

6. THE RELATIONSHIP WITH THE RECEIVER OF REVENUE, LOCAL AUTHORITIES AND OTHER PARTIES WITH A VESTED INTEREST IN THE CONVEYANCING PROCESS

6.1 Relationship with the Receiver of Revenue
6.2 Relationship with. local authorities
6.3 Relationship with parties with vested interests in the conveyancing practice process