Property disputes rarely come from bad luck. They come from something that could have been found before purchase and was not, because the buyer was in a hurry or trusted an assurance.
The checks below are the ones that matter, and none of them are optional.
| Check 1 | who legally owns it and how that is proved |
|---|---|
| Check 2 | what encumbrances attach to it |
| Check 3 | where the boundaries actually are |
| Check 4 | what may lawfully be done with it |
Check 1 — ownership and how it is evidenced
Different jurisdictions prove ownership in different ways, and the difference changes how much work is required.
Under a registered title system, the register itself is the record of ownership. Establishing who owns a parcel is a matter of consulting it.
Under a deeds system, ownership is proved by a chain of documents recording successive transfers. Establishing good title means tracing that chain back through many years and confirming each link is valid.
Where a deeds system operates, the historical work is substantial and must be done by someone competent. Gaps in the chain, defective conveyances or missing documents are exactly what a search is for, and they are common enough to be worth expecting.
Two situations that require particular care in any system:
Inherited property. Land passed down informally over generations may have many co-owners, some of whom are unaware they hold an interest, and some of whom are abroad or deceased with their own successors.
A sale requires all interests to be accounted for. A purchase from one family member who describes themselves as the owner is a classic route to litigation.
Long possession without documents. Someone occupying and treating land as their own for a long period may have acquired rights, or may not have — and this needs a legal answer rather than an assumption.
Check 2 — encumbrances
Ownership is not the whole picture. Rights held by others over the land travel with it, and the buyer inherits them.
- Mortgages and charges registered against the property
- Rights of way in favour of neighbouring parcels
- Utility easements for pipes, cables or drainage
- Restrictive covenants limiting use or building
- Leases and tenancies, including informal occupation
- Unpaid property taxes and utility arrears
- Pending legal proceedings affecting the land
The item most often missed is the second-last. In some jurisdictions arrears attach to the property rather than the person, meaning the buyer becomes liable for debts they did not incur.
Checking is straightforward — a search and a request for clearance certificates — and it costs almost nothing relative to what it prevents.
Check 3 — boundaries
Boundary problems are among the most expensive and most avoidable disputes in property.
Commission a current survey. Not the plan the seller produces; a fresh one by a licensed surveyor.
Reasons the paper and the ground diverge:
- Old plans were prepared to lower standards or from different reference points
- Fences and walls get built where convenient, not where the boundary runs, and over decades this becomes the assumed line
- Subdivisions were made informally without updating records
- Erosion, landslip or watercourse movement has changed the physical features a boundary was described by
The second point causes most disputes: the visible occupation line and the legal line are different things, and both parties usually believe the fence is correct.
Two further items to verify on the ground:
Access. Confirm there is a legal right of access, not merely a track people have used. A parcel without legal access is very difficult to develop, finance or resell — and this is a real risk with subdivided inland plots.
Services. Whether water, power and drainage can actually be connected, at what cost, and whether crossing another party's land is required.
Check 4 — what may lawfully be done
Before buying land for a purpose, confirm the purpose is permitted. Covered further in the article on planning, but the essentials are:
- The zoning or land use designation
- Whether the intended use requires a change of use approval
- Setbacks and height limits, particularly near the coast
- Environmental designations — protected areas, wetlands, watersheds
- Whether an environmental assessment is required for the project
The trap here is treating a seller's description of potential as fact. "Suitable for development" is a sales phrase, not a planning status.
Process discipline
- Engage your own lawyer, not the seller's or the agent's
- Make the deposit conditional on satisfactory searches, in writing
- Do not pay in full before completion, and use proper channels
- Insist on a current survey
- Obtain clearance certificates for taxes and utilities
- Register the transfer promptly once complete
Point six is neglected surprisingly often, and it matters: an unregistered transfer can leave you vulnerable to competing claims. The transaction is not finished when the money moves; it is finished when the record reflects it.
And a note on foreign buyers: many jurisdictions require a licence or permission for non-nationals to hold land. Verify what applies to you before committing, because the requirement affects timing and cost, and in some cases the structure of the purchase.
Frequently asked questions
Why is inherited land a particular risk?
Because it may have many co-owners after generations of informal succession, some unaware they hold an interest. Buying from one family member who calls themselves the owner is a classic route to litigation.
Can a buyer inherit the seller's debts?
In some jurisdictions unpaid property taxes and utility arrears attach to the property rather than the person, so the buyer becomes liable. Clearance certificates prevent this cheaply.
Why commission a new survey?
Because fences and walls get built where convenient rather than on the boundary, and over decades that becomes the assumed line — the visible occupation line and the legal line are different things.
What is often forgotten after completion?
Registering the transfer. An unregistered transfer can leave you exposed to competing claims — the transaction ends when the record reflects it, not when the money moves.
