Legal Definitions - conveyancing counsel

Conveyancing Counsel

Conveyancing counsel refers to a select group of highly experienced lawyers, typically numbering between three and six, who are officially appointed by the Lord Chancellor. Their specialized role is to provide expert, independent legal opinions and advice to the High Court of Justice. They assist the court specifically on intricate and challenging issues related to property ownership, land titles, and the legal process of transferring property from one owner to another, which is known as conveyancing. These experts help the court understand and resolve complex legal questions that demand deep knowledge of property law.

Here are some examples of situations where conveyancing counsel might be involved:

• Imagine a long-running family dispute over the inheritance of a large country estate that has been passed down through generations. Some parts of the estate have very old deeds with ambiguous descriptions of boundaries, or historical rights of way that are not clearly documented in modern property records. When this case reaches the High Court, the judges might seek the opinion of conveyancing counsel to interpret these archaic documents, clarify the legal extent of ownership, and advise on the validity of any historical easements, ensuring a fair and legally sound resolution.

• Consider a major urban redevelopment project where a developer needs to acquire several adjacent parcels of land. Some of these parcels are subject to complex restrictive covenants (rules about how the land can be used) from the early 20th century, or have unresolved claims of adverse possession (where someone claims ownership by occupying land for a long time without permission). If disputes arise and are brought before the High Court, conveyancing counsel would be called upon to provide an expert assessment of the legal enforceability of these covenants or the strength of the adverse possession claims, guiding the court in making decisions that impact the property titles and the feasibility of the development.