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Checking the Title

It is important to check what the Certificate of Title is as it sets out the details of the present owner and any registered mortgages over the property, as well as any other "encumbrances". The title sets out the Lot and Plan number which defines the precise location and size of the land.

In addition to the already mention checks, the following checks should also be made pre-purchase:

Easements: This refers to restrictions on the use of the land, such as right of way, or the right to lay water or sewerage pipes.

Mortgages: this refers to the rights the lender has over the land/property in return for the loan of money. If the loan is not repaid, the lender may sell the land or become registered as the owner of the land/property.

Caveats: this word is the Latin translation for ‘beware’. Basically this is a warning that other person has a right or an interest in the land/property. That person’s interest has priority over the purchaser’s.


Pre-Purchase Legal Advice

Check Before You Purchase

Types of Property

Checking the Title

Other considerations