Title deeds and land due diligence: how to verify a seller and a plot
What a title deed is
A title deed is the Certificate of Registration of Immovable Property. The Department of Lands and Surveys issues it. The title deed identifies the plot and the registered owners. It shows the registration number, the survey reference (sheet, plan and plot number), the location, the area, the share of each owner, the description of the property and the fiscal value. It can also record charges, encumbrances, contracts of sale, easements and other restrictions.
A title deed can show an undivided share of a plot, for example a 1/2 share. In this case, you buy a share and not a separate plot. Check the share before you agree the price.
Document checklist
Get these documents before you sign the contract of sale:
- A title deed for the plot, issued no more than 10 days before your review.
- A search certificate from the Land Registry, issued on the current date. The certificate shows encumbrances, easements and restrictions.
- A copy of the identity document of the owner, if the owner is an individual.
- Copies of the corporate certificates of the owner, if the owner is a company.
- Copies of all planning permits and building permits, if they exist.
- A written confirmation from an architect that there are no pending planning issues. Examples are Planning Authority conditions and compulsory acquisition.
- A written confirmation of whether VAT applies to the sale.
Checks beyond the documents
Access and frontage
A plot needs legal access to a public road. An adopted public road gives legal frontage. Legal frontage is a condition for parcellation (land division).
Unparcelled land and division agreements
If you buy part of a plot that is not yet divided, check the division agreement. The agreement must let you apply for permits in your area without the consent of the other owners. If the seller must complete the parcellation works, hold part of the price in escrow until the works are complete.
Easements and land exchanges
If an easement affects the plot, register the easement against the plot that carries the burden. A land exchange needs a property exchange agreement. The agreement must state the exact shares and their market values.
Existing permits
Confirm that each existing permit is still valid. Permits can expire before the building permit stage. Confirm the status with the authority that issued the permit.
Off-plan units
If you buy a unit that has no separate title deed yet, check three items:
- Confirm that the developer has the planning permit and the building permit.
- Check if a mortgage sits on the land. A land mortgage can block the later transfer of the unit title. If there is a mortgage on the plot, ask for a release form for your transaction.
- Deposit the contract of sale at the Land Registry. The deposited contract is your main protection until the unit title is issued.
Site conditions
Use this framework to evaluate a plot:
| Type | Examples | What it means |
|---|---|---|
| Value creators | Parcellation requirements, encumbrances, no utilities | You can solve these with time and limited capital. They reduce the price. |
| Cost drivers | Topography, plot shape, frontage | These increase the construction cost. Model them before you make an offer. |
| Deal breakers | Surroundings, infrastructure, orientation, fit with the target buyer | If these do not support the investment case, reject the plot at any price. |
Also check the geological zone and the survey data for the plot. Use the Pal Surveying online map to check the plot data in one place. Search the plot by its location, address or cadastral reference. The map shows cadastral parcels, planning zones, geological suitability zones, flood and seismic zones, Natura 2000 areas, buildings and historical aerial photographs.
This guide is general information, not legal or tax advice. Rules change and every case differs; check with a qualified advisor before you act.