Updated

GL-T-07

Glossary · Real estate

Title search - Title search

Full glossary
before the moneythe only right moment
independentwho should carry it out
5 areastitle, debts, disputes, property, seller

01 / In 30 seconds

The short answer

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

02 / In plain words

What Title search means

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.

A case from practice

A buyer was being rushed: the property was “going, you need to pay today”. The check revealed an ongoing court dispute over the property. The deal did not go ahead, and the money stayed with the client. In deals like this, haste almost always works against the buyer.

When a title search is needed

  • Buying a home abroad
  • A property for a Golden Visa or citizenship
  • Buying on the secondary market
  • A deal on a property under construction
  • Buying from a private individual
  • A buy-to-let investment

03 / What it covers

What exactly is checked

01

The seller

  • Legal capacity
  • Basis of ownership
  • Required consents
02

Property

  • Register data
  • Lawfulness of structures
  • Match with the actual state
03

Debts

  • Mortgages and charges
  • Arrears on the property
  • Taxes and fees
04

Disputes

  • Seizures and restrictions
  • Court cases
  • Third-party claims

04 / How it works

How the check works

Step 1

Hire an independent lawyer

Step 2

Request register extracts

Step 3

Check the property and the seller

Step 4

Obtain a legal report

Step 5

Only then — payments

05 / Key facts

What you need to know

01

The check is carried out before the deposit, not after

02

The lawyer must work for the buyer

03

An official extract outweighs the seller’s assurances

04

Unlawful alterations become your problem

05

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

06 / Expert advice

Igor Vents

How to prepare in advance

The lawyer is found before you fall for a property — then the decision is not made in a hurry under pressure from the seller. The deal budget includes the cost of the check from the outset. And the order is agreed in advance: first the extracts and the report, then the deposit, then the main payment. The reverse order is the most common and most expensive mistake buyers make.

What we do for you. 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.

Igor VentsHead of real estate, Title Deed and property checks

07 / Questions

Frequently asked questions

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.

Before the deposit and any payments. After payment there is usually no longer a way to withdraw without losses.

The seller’s agent is interested in the deal. The check should be carried out by an independent lawyer working for the buyer.

Usually a fraction of a percent of the deal value. Compared with the risk of losing the whole amount, the two are not comparable.

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.

Yes. The project itself, the rights to the land, the permits and the developer’s financial position are checked, not only the contract.

Author: Igor Vents

Reviewed by: Sergey Evdokimov

Sources: FATF — on risks in real estate transactions

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Anna Kovalevskaya, lead lawyer at BRIDGES GLOBAL
Anna KovalevskayaLead lawyer, citizenship and residency, 12 years of practice