Buyers frequently treat a clear registry search as the end of title diligence. It is closer to the beginning. A search confirms the state of the record; it says nothing about interests that exist but were never registered, and those are the ones that surface after completion.
Unextinguished succession interests
Where a property has passed through an intestate succession at any point in the chain, the shares of individual heirs may never have been formally released. Those interests survive later transfers. Tracing the chain far enough back to confirm each succession was properly concluded is slow work and it is where the most serious defects are found.
Possession that does not match the record
Physically inspect the property and identify everyone in occupation. Tenants with unregistered leases, family members with claimed rights of residence, and long-standing occupiers can all hold interests that no search will disclose.
Approvals that were never obtained
- Construction carried out beyond the sanctioned plan.
- Change of use effected without approval.
- Completion or occupancy certificates never issued.
- Conditions attached to an approval that were never satisfied.
The practical protocol
Search the record, trace the chain through every transfer for at least the statutory period, inspect the property, interview the occupiers, verify each approval against the physical structure, and obtain a written declaration from the seller identifying every person who has ever asserted an interest. Then decide.
