Most land disputes are avoidable. Front-loading diligence — before money changes hands — is the single most effective protection for a buyer.
The most common land problems we see are not exotic. They are ordinary issues — an undisclosed charge, a boundary that does not match the title, a seller who is not the registered proprietor — that a buyer could have found before committing.
A title document presented by a seller is a starting point, not proof. An official search at the relevant land registry confirms the registered proprietor, the tenure, and whether any encumbrances — charges, cautions, restrictions — are registered against the parcel.
Confirm that the seller is the registered proprietor or has proper authority to sell — for example, a company resolution, or grant of representation in an estate. For matrimonial property, confirm whether spousal consent is required.
Payment should track the transaction: a deposit on execution of the agreement for sale, and the balance on registration of the transfer in the buyer's name. Releasing the full price before registration removes the buyer's leverage precisely when it is most needed.
Where a defect emerges — a lost or defective title, a disputed boundary, or a delayed registration — the same working knowledge of land administration procedure that supports a clean purchase supports a practical, timely resolution.
This is general guidance. Every parcel and every transaction has its own facts; obtain advice specific to yours.
This article is general information, not legal advice. For guidance on your specific circumstances, arrange a confidential consultation.
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