Title search
Title search
- What it is
- A legal check of ownership of a property before purchase
- What it establishes
- Who the real owner is, and whether there are debts, seizures, disputes or restrictions
- When it is carried out
- Before the deposit and any payments
- Who carries it out
- An independent lawyer for the buyer, not the seller’s agent
- Why
- The check costs a fraction of a percent of the deal and protects the whole amount
In plain words
A title search is a legal check of ownership of a property before purchase. Put simply: making sure the seller really is the owner, that the property has no hidden debts or disputes, and that after the deal you receive clean title rather than someone else’s problems.
Several areas are checked at once. Ownership — who the owner is according to the official register and on what basis. Encumbrances — mortgages, charges, seizures, easements. Litigation history — current and concluded disputes. The property itself — whether its actual state matches the documents and whether structures and alterations are lawful. And the seller — their legal capacity, marital status and consents, where required.
The key rule is one: the check is carried out by a lawyer working for the buyer, and it is carried out before any money is paid. The seller’s agent, however pleasant, is interested in closing the deal. A check costs a fraction of a percent of the purchase price, while the cost of not doing one is, at worst, the whole amount.
When a title search is needed
What exactly is checked
- Legal capacity
- Basis of ownership
- Required consents
- Register data
- Lawfulness of structures
- Match with the actual state
- Mortgages and charges
- Arrears on the property
- Taxes and fees
- Seizures and restrictions
- Court cases
- Third-party claims
How the check works
- 01Hire an independent lawyer
- 02Request register extracts
- 03Check the property and the seller
- 04Obtain a legal report
- 05Only then — payments
What you need to know
- The check is carried out before the deposit, not after
- The lawyer must work for the buyer
- An official extract outweighs the seller’s assurances
- Unlawful alterations become your problem
- Debts on a property often pass with it
Common mistakes
- Paying a deposit before the check
- Entrusting the check to the seller’s or developer’s lawyer
- Skipping the check because the deal is rushed
- Not checking whether structures and alterations are lawful
- Believing that “everything is clean” without documents
What this means for a BRIDGES client
We always put the title search before the money and bring in a lawyer who works for you. If the property is being bought for a programme, we check it against the programme’s requirements at the same time: sometimes a legally clean property still does not qualify under the conditions.
Frequently asked questions
01 /What is a title search?
A legal check of ownership of a property: who the owner is, whether there are encumbrances, debts or disputes, and whether the property matches the documents.
02 /When should it be carried out?
Before the deposit and any payments. After payment there is usually no longer a way to withdraw without losses.
03 /Can the agent carry out the check?
The seller’s agent is interested in the deal. The check should be carried out by an independent lawyer working for the buyer.
04 /How much does it cost?
Usually a fraction of a percent of the deal value. Compared with the risk of losing the whole amount, the two are not comparable.
05 /What if a problem is found?
Some problems are resolved before the deal — by paying off a debt, removing an encumbrance or obtaining consents. Others mean it is better to walk away from the property.
06 /Is a check needed when buying from a developer?
Yes. The project itself, the rights to the land, the permits and the developer’s financial position are checked, not only the contract.
See also
Read next
This material has undergone editorial review by BRIDGES.
Found a property?
We will check the title, encumbrances and compliance with the programme’s requirements — before you pay a deposit.