A house can look right, be affordable and still be unsuitable for the use you have in mind. A title-deed restriction or registered right may affect access, alterations, occupation, subdivision or a later sale. Discovering it after signing can turn a manageable question into a contractual dispute.
Before committing, ask for a conveyancing review of the title information together with the proposed offer. Hugh Raichlin Attorneys assists residential and commercial property clients with that legal assessment and with the transfer process that follows.
Start with the legal property, not only the street address
Check that the registered owner and legal description correspond with the property being offered. An erf, sectional-title unit, exclusive-use arrangement or separate parcel may require different documents. Parking, storage, an outbuilding or an access strip should not be assumed to be included simply because the seller has been using it.
A copy of an old deed is a starting point, not necessarily a complete current search. Ask the conveyancer what updated records, endorsements, diagrams or linked conditions must also be considered. Verify the authority of the person selling separately from the property description.
Read the rights that will matter to your intended use
- Servitudes: identify who benefits, where the right operates and what it permits, including access or infrastructure rights.
- Restrictive conditions: check limitations affecting building, use, subdivision or the consents needed to deal with the land.
- Occupation or use rights: establish whether another person holds a right that may continue after transfer.
- Scheme obligations: obtain association or body-corporate documents where the ownership carries membership and compliance obligations.
- Bonds and other endorsements: ask how relevant registered interests will be addressed during transfer.
The wording and documents matter. Do not treat every right of way as unrestricted public access or every condition as impossible to change. Equally, do not price a purchase on the assumption that a restriction can easily be removed.
A title review does not replace other checks
The title deed is not the whole due-diligence file. Planning and zoning requirements, approved building plans, physical boundaries, defects, leases and occupation can require separate enquiries. Municipal permission does not necessarily override a private registered restriction, and a clean physical inspection does not establish legal permission for a proposed use.
Tell the attorney what you plan to do: extend, run a business, build an additional dwelling, subdivide, grant access or buy for short-term letting. A restriction that is unimportant to one buyer may be decisive for another.
Bring the findings into the offer before it becomes a problem
Identify any requirement that must be resolved before you will proceed. Have the agreement address the relevant document, consent, condition, deadline and consequence of non-fulfilment. A general assurance that the seller will “sort it out” may not provide a workable mechanism or acceptable exit.
Do not assume that every unfavourable title discovery lets you cancel an already binding agreement. The terms, disclosures, applicable law and circumstances require assessment. Obtain advice before withholding performance or announcing cancellation.
Prepare a compact review pack
Provide the proposed or signed offer, available title deed, property description, agent’s advertisement and correspondence. Add any scheme rules, plans, lease or consent you were shown, together with a short note explaining the intended use and deadlines.
Mark information that is missing. A clear list of unanswered questions helps the conveyancer request the right records. Avoid treating information copied from a neighbouring property’s deed or an online listing as proof about this particular property.
Must I investigate only before transfer?
No. Important issues should be identified before signing wherever possible. Transfer preparation is not a substitute for deciding whether the property and contract meet your needs.
Can the title restriction be removed later?
Possibly, depending on its nature and the required process or consents. That is not something to assume before purchase. Obtain an assessment of feasibility, cost, timing and the risk of refusal.
Arrange a property-document review
Send HRA the property reference, stage of the transaction and signing or performance deadline. The initial discussion can identify the review needed before you commit further. Do not send identity or banking documents through the general enquiry channel until requested.