July 18, 2023

Deeds and Property Transfer: A Small Guide

What are Title Deeds?

Title deeds are legal documents that establish ownership of a property. They contain vital information about the property, such as its boundaries, ownership history, and any encumbrances or restrictions. When you purchase a property, the title deed is transferred from the seller to the buyer, ensuring a legal and valid transfer of ownership. Title deeds play a pivotal role in real estate transactions as they provide proof of ownership and protect the rights of property owners. They are essential for obtaining financing, selling a property, or resolving any legal disputes that may arise in the future. Additionally, title deeds serve as a valuable source of information for prospective buyers, allowing them to make informed decisions before entering into a transaction.


Types of Title Deeds

There are different types of title deeds depending on the jurisdiction and the nature of the property. Some common types include:

Freehold Title Deeds – This type of title deed grants the owner full rights and ownership over the property indefinitely.

Leasehold Title Deeds – Leasehold title deeds are typically associated with properties on leased land. The property owner holds the rights to the building or structure while leasing the land from another party.

Commonhold Title Deeds – Commonhold title deeds are commonly found in condominiums or shared ownership developments. They allow individual owners to own their units while sharing common areas and facilities.


The Property Transfer Process

There are several steps involved in the property transfer process. For your ease, the steps below are given more as a checklist for you to verify. Additional steps can be a part of a real estate property transfer, depending on the situation and the purpose of transfer. Generally, the process comprises of the steps below.

Step 1: Preparing for the Transfer

Before the property transfer can take place, certain steps need to be followed

  • Preliminary Checks – The buyer should conduct thorough due diligence, including property inspections, survey reports, and verifying the seller’s ownership.
  • Financing – If financing is required, the buyer must secure a mortgage or loan before proceeding with the transfer.
  • Legal Assistance – Engaging a qualified real estate attorney or conveyancer is crucial to ensure a smooth transfer process. They will handle the legal aspects and paperwork on your behalf.

Step 2: Drafting the Sale Agreement

The sale agreement, also known as the purchase agreement or contract of sale, outlines the terms and conditions of the property transfer. It includes details such as the purchase price, payment terms, contingencies, and the agreed-upon transfer date. Both parties must review and sign the agreement to make it legally binding.


Step 3: Title Search and Examination

Before finalizing the property transfer, a title search is conducted to verify the seller’s ownership and uncover any potential issues that may affect the property’s title. This process ensures that the buyer receives a clear and marketable title.


Step 4: Closing the Transaction

On the closing day, all parties involved in the transaction gather to complete the property transfer. This involves:

  • Settlement Statement – A document detailing the financial transactions related to the transfer, including the purchase price, fees, and taxes.
  • Title Transfer – The seller signs the title deed, transferring ownership to the buyer. The buyer pays the agreed-upon purchase price, and the keys are handed over.
  • Recording the Transfer – The completed title deed is recorded with the appropriate government authority to update the public records and reflect the new ownership.