The legal side, in plain language

This page is general guidance, not legal advice for your particular purchase. Always instruct a qualified attorney-at-law before signing anything.

1. The deed

Ask for the current deed and the chain of previous deeds. A clear deed means outright ownership with no mortgage, caveat or dispute recorded against it. Be especially careful with land held under a permit or grant, where the state restricts who may buy and when.

2. The survey plan

The plan should be recent, prepared by a licensed surveyor, and should match what you see when you walk the boundaries. Mismatched extents between the deed and the plan are the single most common problem we find on site visits.

3. Title search at the land registry

A search at the relevant land registry shows encumbrances — mortgages, leases, court orders — registered against the property. Have this done for the last thirty years, not just the current owner.

4. Street line and building line certificates

Obtained from the local authority, these show whether part of the land is reserved for road widening and how far back you must build. They matter enormously for roadside commercial plots.

5. Taxes and transfer costs

• Stamp duty on the transfer, calculated on the declared value.
• Notary and attorney fees for drafting and attesting the deed.
• Registration fees at the land registry.
• Local authority rates outstanding on the property — check these are settled.

6. Buying as a non-citizen

Restrictions apply to freehold purchases of land by non-citizens and by companies with significant foreign shareholding. Long leases are a common route. Take specific advice before transferring any money.