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Property Conveyancing Glossary for Buyers and Sellers
Welcome to our comprehensive Conveyancing Glossary, designed to make tricky legal property terms easy to understand. Whether you’re buying your first home, selling a property, or transferring ownership in Victoria, this glossary will help you feel confident at every step. Each term is written in plain English so you’re never left wondering what the legal jargon means. We’ve grouped these terms by topic so you can quickly find what you’re looking for. And if there’s a term you’re still unsure about, get in touch we’re here to help you every step of the way.
Reviewed by: Tahlia Hoegel, Licensed Conveyancer
Licence: 002124L
Last updated: June 2026
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Buying Property Terms
Client authorisation form
This is a document the seller signs to officially allow the conveyancer to act on their behalf during the property sale. It gives them permission to prepare documents, talk to your bank, and handle the legal parts of the settlement.
Discharge of Mortgage
If there’s still a home loan on the property, the seller must arrange for the mortgage to be removed (or “discharged”) from the title before settlement. Your conveyancer works with your bank to make sure this happens on time.
Settlement Date
This is the day the property officially changes hands. The buyer pays the full amount, the seller hands over the keys, and ownership is transferred at Land Use Victoria.
Notice of Acquisition
This is a form submitted after settlement that tells local councils and water authorities there’s a new owner. It ensures future bills go to the right person.
Disbursements
These are out-of-pocket costs your conveyancer pays on your behalf, like title searches, certificates, and government fees. They’re added to your final invoice.
Selling Property Terms
Section 32 Statement (Vendor Statement)
A Section 32 Statement is a legal document the seller must give you before you buy a property in Victoria. It includes important information about the property, like any unpaid rates, building permits, or restrictions on the land. You should always read it carefully or better yet, get a conveyancer to review it for you.
Contract of Sale
This is the legal agreement between the buyer and seller. It sets out the price, settlement date, and any special conditions. Once both sides sign this contract, the sale is legally binding.
Cooling-Off Period
In Victoria, the cooling off period buyers usually have 3 business days to change their mind after signing a Contract of Sale (unless the property was bought at auction). If you cancel during this time, you might lose a small part of your deposit.
Deposit
The deposit is the upfront payment you make when you sign the Contract of Sale. It’s usually 10% of the purchase price and held in a trust account until settlement.
PEXA (Property Exchange Australia)
PEXA is an online platform used to settle property transactions electronically. It allows money and documents to be registered safely and quickly on settlement day.
Stamp Duty (Land Transfer Duty)
This is a government tax paid when you buy a property. The amount depends on the property price, your circumstances (like if you’re a first home buyer), and whether it’s your main residence. Your conveyancer helps calculate and lodge this with the State Revenue Office.
Nomination
Sometimes, a buyer might sign a contract in their own name but later want someone else (like a company or partner) to buy the property. This is called nominating another purchaser, and it must be done correctly to avoid extra stamp duty.
Title Search
A title search checks the official land records held by Land Use Victoria. It shows who owns the property and whether there are any legal issues affecting it like mortgages, caveats, easements, or restrictions (such as rules about what you can build).
Your conveyancer will review the title to make sure everything’s in order before you buy or sell. It’s a key step to avoid surprises and protect your interests.
Ownership Transfers
Certificate of Title
A Certificate of Title is the official legal document that proves who owns a piece of land or property in Victoria. It shows the owner’s name and any legal interests attached to the land, like mortgages, easements, or covenants.
In Victoria, most titles are now digital and managed through Land Use Victoria. You don’t usually need a paper copy anymore, but your conveyancer will access the electronic version during a property transaction to confirm ownership and check for any issues.
Transfer of Land
A Transfer of Land. This is the legal process of changing the ownership of a property from one person to another. Your conveyancer prepares the documents and lodges them with Land Use Victoria.
Survivorship Application
A Survivorship Application is used when one of the owners of a jointly owned property passes away. It removes the deceased person’s name from the title, so the surviving owner becomes the sole legal owner. This is only used when the property is held as Joint Tenants (not Tenants in Common). To complete this, the surviving owner needs to provide a death certificate and work with a conveyancer to lodge the correct forms with Land Use Victoria.
Lost Title Application
If you lose the original Certificate of Title (the official proof of property ownership), your conveyancer can help you apply for a replacement. This process is called a Lost Title Application and requires a statutory declaration and supporting evidence.
Transmission Application
A Transmission Application is used when a property owner has passed away and their name needs to be formally removed from the title. This application transfers the property into the name of the executor (if there is a will) or the administrator (if there isn’t a will), so they can deal with the property according to the estate. In some cases, it can also transfer the title directly to a beneficiary. Your conveyancer will help prepare the right documents and lodge them with Land Use Victoria.
Legal Documents & Fees
Off-the-Plan Contract of Sale
This type of contract is used when buying a property that hasn’t been built yet (like an apartment or townhouse in a new development). It includes plans and details of what the finished property will look like. Off-the-Plan Contract of Sale can be more complex and might allow changes before completion.
Plan of Subdivision
A Plan of Subdivision is a legal document that shows how a large piece of land will be divided into smaller lots, like new housing blocks, units, or townhouses. It includes details like lot boundaries, common property, roads, and easements. This plan must be approved by the local council and registered with Land Use Victoria. Once it’s registered, each lot can have its own Certificate of Title, which means it can be sold or transferred individually.
Property Titles & Restrictions
Encumbrance
An encumbrance is a legal restriction on the land. It could be a mortgage, easement (like shared driveway access), or covenant (like rules on building). These can affect what you can do with the property.
Easement
An easement gives someone else the right to use part of your land for a specific purpose, like water pipes, electricity, or a shared driveway.
Joint Tenants vs Tenants in Common
These are two ways people can co-own property:
- Joint Tenants: If one person dies, the other automatically gets full ownership.
- Tenants in Common: Each person owns a set share, and they can leave it to someone in their will.
Covenant
A covenant is a rule or restriction placed on a property’s title that controls what you can or can’t do with the land. For example, it might say you can’t build above a certain height, or that your home must be made of specific materials. Covenants are legally binding and stay attached to the land, even when the property is sold.
Caveat
A caveat is a warning registered on a property’s title that someone else has a legal interest in it. It stops the property from being sold or transferred without first dealing with that interest. Common reasons for a caveat include a financial loan or a dispute between co-owners. Your conveyancer will explain how it affects the transaction if one is found during a title search.
This glossary will continue to grow. We believe in making the conveyancing process clearer, one word at a time.
Got a term you don’t understand? Contact us and we’ll add it!