Legal checks when buying property: what to review before an offer
Price is the first question. Title is the most important one. A property can look clean and still hide issues that change the decision.
01
Title and encumbrances
The title shows who owns the property, under what right and with what restrictions. Mortgages, seizures, easements, horizontal ownership and withholding orders must be checked at the land registry and mortgage office.
An encumbrance does not automatically make a transaction impossible. It means there must be a clear plan to remove or settle it before signature.
02
Planning and technical consistency
The area in the title, the area in the permit and the actual area should agree. Unauthorised works, enclosed semi outdoor spaces and changes of use can create fines or affect the transfer.
The check is not about finding a problem at any cost. It is about knowing what the buyer is purchasing and what will need to be regularised.
“A proper check does not delay the purchase. It protects it from an expensive surprise.”
03
Contracts, leases and open items
Leases, concessions, rights of way and commitments that do not appear in the photograph can limit use. The buyer must know whether the property is free or whether an active relationship binds it.
Open items with service charges, taxes or bills are usually resolvable. The point is to resolve them before the transaction, not after.
04
The cost of checking and the cost of surprise
Legal and technical checks have a cost. A surprise after signature costs more. A clear review reduces uncertainty and gives the buyer a stronger position in negotiation.
The best time to ask questions is before the offer. Afterwards, there are fewer options and the cost is higher.
This article is general information and does not constitute legal, tax or investment advice.
The Journal
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The Journal
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