Checking the land on which the house is located

Checking the land on which the house is located

When buying or renting a land plot on which the house is located, it is extremely important to conduct a thorough inspection. The process of checking the land plot can be complex, but understanding it and performing it correctly will help to avoid many problems in the future. In this article, we will consider the main legal stages of the check, the conditions under which the service can or cannot be provided, as well as give advice on self-checking and consider common questions.

Legal stages 

• Checking the title documents: A lawyer checking the land on which the house is located will begin by analyzing the title documents for the land plot and the building. This includes checking the certificate of ownership, the purchase and sale agreement, lease or other title documents.
• Analysis of the cadastral passport: It is necessary to check the cadastral passport of the plot (cadastral verification). Important aspects include compliance of the plot boundaries, correctness of the specified data and the absence of technical errors.
• Checking encumbrances and restrictions: Checking the land plot on which the house is located, the lawyer examines possible encumbrances, such as a mortgage, lease, easements or other restrictions that may affect the use of the plot.
• Analysis of the history of ownership: The history of ownership of the land and the building will help to identify possible legal risks, such as the presence of disputes or court decisions that may affect the rights of the buyer.
• Checking the compliance of the use of the land plot: The lawyer must check the land plot for the purpose established in the land cadastre and urban development plans.
• Legal consultation and preparation of an opinion: Based on the results of the inspection, the lawyer will prepare an opinion on the legal status of the site and possible risks, and will also provide recommendations for further actions.

Under what conditions the service can be provided?

1. Availability of title documents: The service of checking the land plot on which the house is located in Ukraine can be provided if the client has all the necessary documents confirming the ownership of the plot and the building.
2. Access to cadastral data: The service of checking the land plot on which the house is located is possible if there is access to current cadastral data and information about the land plot.
3. No access restrictions If the site has no restrictions for inspection, for example, due to disputes or unauthorized construction, the service of inspection of the land plot on which the house is located can be provided.
4. Clear indication of the purpose of the inspection The service can be provided if the client clearly specifies the goals and objectives of the inspection of the land plot and the house. In this case, the inspection of the land plot can be done quickly.

Under what conditions the service cannot be provided?

• Lack of title documents If there are no documents for checking the land plot on which the house is located, confirming the right of ownership or other title documents, the lawyer will not be able to conduct a full check.
• Incomplete or erroneous data In case of incomplete or erroneous data in cadastral documents and title documents, the service may be complicated.
• Legal disputes If the site is in the process of litigation or there are disputes over ownership, the service may be suspended until the dispute is resolved.
• The need for specialized research In some cases, additional specialized research may be required, such as geodetic or environmental research, which are not included in standard legal services.

How to figure it out yourself?

1. Check the cadastral passport You can get a cadastral passport so that you can easily check the cadastral number of the site in the register or on its official website. Make sure all data matches the documents,that you have.
2. Study the title documents Check the availability and compliance of documents confirming the right of ownership, the purchase and sale agreement or lease, study the process of how to check the land plot on which the house is located.
3. Check encumbrances and restrictions Information about encumbrances can be found through an extract from the Unified State Register of Real Estate. Pay attention to the presence of easements or pledges.
4. Assess the conformity of the purpose of the site Check whether the use of the site complies with the established urban planning norms and rules.

Frequently asked questions

What determines the cost of a lawyer's services?

• Complexity of verification: The cost of a lawyer checking the land plot on which the house is located may depend on the complexity of the verification, for example, if it is necessary to study many documents or conduct additional checks.
• Scope of work: If the inspection requires a detailed analysis of a large number of documents and data, if you need to check the cadastral number of the house, this may increase the cost of services.
• Experience and qualifications of the lawyer: The services of experienced and highly qualified lawyers, as a rule, cost more.
• Regional features: Prices may vary depending on the region, since the cost of services may differ in different places.
• Completion times Urgent inspections may cost more than standard completion times.