Legal Checklist: Title Deed Verification

Common Legal Issues:

• Multiple claims on the same property
• Forged documents
• Undisclosed mortgages
• Inheritance disputes
• Government acquisition
• Survey boundary disputes

  Cost of Not Verifying:

Buyers who skip proper legal verification risk losing their entire investment. Court cases can take 10-15 years.

Check the Chain of Ownership: Your lawyer should trace ownership back at least 30 years (ideally to Crown Grant or original deed).

What to Verify: 1. Current owner matches seller 2. No gaps in ownership chain 3. All transfers were legal 4. No pending litigation 5. All inheritance properly transferred 6. Power of Attorney (if applicable) is valid

Red Flags:

• Recent transfers (possible speculation)
• Multiple transfers in short time
• Deed mentions disputes
• Undivided shares without clear allocation

At the Land Registry Office: 1. Encumbrance Search - Check for mortgages, caveats, liens 2. Previous Ownership - Verify chain of title 3. Court Cases - Any pending litigation

At the Survey Department: 1. Match deed lot number with survey plan 2. Verify boundaries match on ground 3. Check for road reservations 4. Verify extent matches deed

At Local Government: 1. Building approval status 2. Outstanding rates/taxes 3. Zoning compliance 4. Future development plans

What the Survey Plan Shows:

• Exact boundaries
• Lot number and extent
• Adjoining property owners
• Road frontage
• Survey date and surveyor

  Ground Verification:

Hire a licensed surveyor to: 1. Mark boundaries on ground 2. Verify extent matches deed 3. Check for encroachments 4. Identify boundary disputes

Common Issues:

• Boundary markers missing
• Encroachments by neighbors
• Road widening affecting land
• Extent less than in deed

Inherited Property:

• Death certificate of deceased
• Probate/Letter of Administration
• Consent of all heirs
• No estate duty pending

  Company-Owned Property:

• Company registration
• Board resolution to sell
• Form 20 (directors)
• No winding up proceedings

  Power of Attorney:

• Original POA document
• Verify POA is still valid
• Confirm signature of grantor
• Check restrictions in POA

  Joint Ownership:

• All owners must sign
• Spousal consent required
• Clear share allocation

Before Signing:

• [ ] Original deed examined
• [ ] Chain of title verified (30 years)
• [ ] Encumbrance certificate obtained
• [ ] Survey plan verified on ground
• [ ] Building approval checked
• [ ] Outstanding taxes cleared
• [ ] All owners identified and signing
• [ ] ID verification of all parties
• [ ] Payment plan agreed
• [ ] Deed prepared by neutral lawyer

  At Signing:

• [ ] All parties present (or valid POA)
• [ ] Original deeds handed over
• [ ] Survey plan attached to deed
• [ ] Stamp duty paid
• [ ] Witnesses present
• [ ] Notary attestation complete

  After Signing:

• [ ] Deed registered within 3 months
• [ ] Registration receipt obtained
• [ ] Title Insurance obtained (optional)