Buying or Selling Property? Essential Checks You Cannot Skip
A real estate transaction is, for most people, the largest financial investment of their life. That is precisely why an incomplete legal check before signing can turn an apparently safe purchase into a costly problem years later.
Checking the property title
Before any deposit or preliminary sale-purchase agreement, it is essential to check:
- an up-to-date land registry extract, to confirm the real owner and any encumbrances (mortgages, seizures, transfer restrictions);
- the history of property transfers, to identify risks of previous transactions being annulled;
- any ongoing litigation related to the property.
A “clean” land registry extract at the time of checking does not, by itself, guarantee absolute safety — which is why the history matters just as much as the current status.
The preliminary sale-purchase agreement: why it isn’t a mere formality
Many buyers treat the preliminary agreement as a simple intermediate step, but this document already establishes firm obligations: the completion deadline, the deposit amount, termination conditions, and penalties for non-performance. A poorly drafted agreement can leave the buyer without their deposit if the seller changes their mind, or can force the buyer to complete the transaction even if unforeseen problems arise.
Inheritances and properties with multiple co-owners
Properties inherited by several siblings or relatives often involve co-ownership — a situation where selling or using the property requires the consent of all co-owners. Lack of agreement can block a transaction for years, even when most heirs agree to sell.
Boundary and neighbour disputes
Disputes over boundaries, rights of way, or structures built without a permit on a property line are common, especially in rural areas. Resolving them usually requires a land survey and, if direct dialogue fails, a court action to establish boundaries or stop the disturbance of possession.
Unauthorised construction and its consequences
A structure built without a building permit can be subject to a fine, but also to a demolition order, which can be issued even years after the work was completed. Checking the legal status of the construction, not just the land, is an essential step before any purchase.
How a lawyer can help
From reviewing documentation before signing, to correctly drafting the preliminary agreement or representing you in a property dispute, early legal advice significantly reduces the risk of financial losses later on.