Legal Process for Land Purchase and Title Deed Transfer Guide
What legal steps are followed in land purchase? A comprehensive guide on land registry checks, promise of sale agreements and the title deed transfer process.
Legal Process for Land Purchase
Land purchase and sale requires careful management of legal processes in addition to technical and financial dimensions. Transactions carried out without following the correct legal steps can lead to serious disputes and financial losses further down the line.
Legal Checks Before Title Deed Transfer
- Land Registry Review: The existence of annotations such as mortgages, liens, precautionary injunctions, rights of pre-emption or usufruct rights must be checked at the title deed office or via e-Government.
- Zoning Status and Building Permit: The current zoning status of the property must be documented and it must be investigated whether there are any unlicensed or illegal structures.
- Boundary Disputes: Neighbouring parcels and parcel boundaries must be confirmed on the cadastral map.
- Inheritance and Transfer: If the seller is an heir, the consent of all heirs and a declaration of succession are required.
Sales Agreement and Promise of Sale
It is recommended to draw up a notarised real estate promise of sale before the title deed transfer. This agreement legally secures the parties' obligations, the payment plan and the handover conditions.
Key Points During the Title Deed Transfer Process
- A Title Deed Office appointment is made through the TKGM system.
- The seller's identity verification and authority to represent are checked.
- The title deed fee and revolving fund fee are calculated and paid in advance.
- After the transfer is completed, the title deed and DASK (Compulsory Earthquake Insurance) policy should be updated.
The Importance of Expert Support
A lawyer specialising in real estate law identifies potential disputes in advance and protects both buyer and seller. For high-value transactions, the cost of legal consultancy remains far below the cost of potential risks.