Title checking is a crucial step in the process of buying real estate, ensuring that the property’s title is clear and free of any legal encumbrances. When dealing with a registered title, the process involves examining the official records kept by the land registry. Here’s a guide on how to title check a registered title:
Accessing Land Registry Records:
The first step in title checking a registered title is accessing the land registry records. Many countries have a centralized land registry system where records of property ownership, mortgages, and other relevant information are kept. In some cases, this information may be accessible online, allowing interested parties to conduct preliminary searches.
Understanding the Title Register:
The title register is a key document that provides essential information about the property. It includes details such as the property’s address, the registered owner, any restrictions on the use of the property, and information about easements or rights of way. Understanding the information in the title register is fundamental to identifying any potential issues.
Verifying Ownership:
The title register will list the current registered owner of the property. It’s crucial to verify that the individual or entity claiming to sell the property matches the registered owner. Any discrepancies in ownership information should be investigated further, as they may indicate potential fraud or unauthorized transactions.
Checking for Liens and Mortgages:
Liens and mortgages can impact the transferability of the property. Title checking involves examining the title register for any existing mortgages or other financial encumbrances on the property. This information is crucial for understanding the financial obligations associated with the property and ensuring that all outstanding debts will be addressed during the sale.
Examining Property Boundaries:
The title register typically includes a plan that outlines the property boundaries. It’s important to review this plan to ensure that it aligns with the physical boundaries of the property. Any discrepancies or unclear boundaries may require further investigation or a professional survey to resolve.
Identifying Restrictions and Easements:
Title checking involves identifying any restrictions on the use of the property and any easements that grant others specific rights over the land. Common restrictions may include limitations on alterations to the property or requirements for obtaining approval for certain activities. Easements might grant neighboring properties access to portions of the land, such as for utilities or pathways.
Searching for Pending Legal Actions:
Conducting searches for pending legal actions or disputes related to the property is an essential part of title checking. This may involve checking court records or additional land registry searches to identify any legal issues that could affect the property’s title.
Checking for Planning Permissions and Building Regulations:
The title check should include a review of any planning permissions and building regulations associated with the property. This ensures that any structures on the land comply with local regulations and that there are no outstanding planning or building-related issues.
Reviewing Historical Transactions:
Examining the historical transactions recorded in the title register provides insight into the property’s ownership history. This review can uncover any irregularities or patterns that may warrant further investigation.
Obtain professional advice:
While individuals can perform initial title checks, seeking professional assistance is advisable, especially for complex transactions. Keira Rawden can assist you with this.