Property Conveyancing Services Blog

Would you ask is it important to complete a Title Search on a property prior to preparing an Agreement? I definitely hope you would and the answer is YES!

So why is it so important?

1. It identifies the legal registered owner of the property and who has the right to sell.
2. It identifies the correct legal description of the property to be noted on the Agreement or Contract.
3. It identifies the area/size of the land.
4. A search of the Title Plan will identify the boundaries of the property.
5. It identifies the encumbrances to be discharged from the Title.
6. It identifies the encumbrances and interests which will remain on the Title.
7. It identifies what type of title i.e fee simple, leasehold, cross lease, maori land or strata title. Each of these titles has different estates.
8. It ensures the correct property is being transferred. The Purchaser must always identify the Title and Plan to the property.
9. It identifies any building restrictions or resumptions.
10. It identifies the use of the land.

In essence make sure you order all necessary searches and read them. If you don’t understand the searches check with someone who does your Conveyancing Practitioner. You don’t want any nasty surprises, for your client’s, your boss or your professional indemnity insurer.

We have search requests available online. The importance of a little homework can go a long way to establish trust with your clients now and in the future.

More importantly as quoted by Stephen Covey – “Trust is the cash of the new economy”

Warm regards

Kim Matheson
Principal
Property Conveyancing Services Ltd