Encumbrance & Case Checks
Land can look clean and still be tied up: mortgaged to a bank, promised under an old agreement, caught in a court case, or locked by an injunction. Before you buy, we search for the claims that do not appear on the seller’s documents.
What this covers
An encumbrance is any right or claim on the land besides the owner’s: a mortgage, a registered agreement to sell, a lease, a charge, or a court order. A case check is a search for litigation affecting the property. Together they answer the question the seller’s own file will not: is anyone else entitled to this land, and is it under dispute?
Mortgages and charges
Land pledged to a bank or lender carries a charge that follows the land, not the owner. If you buy mortgaged land without clearing it, the lender’s claim is now your problem. We search the sub-registry and, where relevant, check for enforcement under the Artha Rin Adalat Ain 2003.
Cases and injunctions
We check whether the land is the subject of a title suit, a partition suit, a pre-emption case or an injunction. Buying land already in litigation, or under an order restraining transfer, can make your purchase worthless or void, however good the deed looks.
What we search
- Sub-registry records for registered mortgages, agreements and charges
- Court records for title, partition, pre-emption and other suits
- Any injunction or order restraining transfer
- The land office record for competing mutation claims
- The seller’s disclosed loans or agreements, tested against the record
How long it takes
An encumbrance and case search usually takes several days to a couple of weeks. Where the land sits across more than one office or court, or the seller’s history is complicated, it takes longer. It is time well spent: an encumbrance found before purchase is a negotiation point; one found after is a lawsuit.
Map the land and parties
We identify the plot, the seller and anyone who has dealt with the land.
Search registrations
We look for mortgages, agreements, leases and charges registered against it.
Search the courts
We check for suits, pre-emption claims and injunctions affecting the property.
Report what sits on the land
You learn every claim we find, and what it means for your purchase.
Read the free guides first
Most of what clients ask at a first meeting is answered step by step in our free guides. Read the ones below first; book a consultation when you want the chamber to act.
Common questions
How would I know if the land is mortgaged?
Usually you would not, from the seller’s papers alone. A mortgage is registered against the land, and it takes a search of the sub-registry to find it. That is exactly what this check is for.
Is it safe to buy land that is in a court case?
Rarely. Property under litigation can pass to a buyer subject to the outcome, and an injunction can bar the transfer outright. We find out before you commit.
The seller says there are no cases. Isn’t that enough?
No. A seller’s assurance is not a search. We check the records ourselves, because the whole point is to find what the seller is not telling you.
Can I buy land that is mortgaged to a bank?
Yes, but only if the loan is paid off at or before registration and the bank gives a release (redemption) deed or no-objection letter. Otherwise you take the land subject to the bank’s charge.
Can a buyer be bound by a case filed before the sale?
Yes. Under the Transfer of Property Act 1882, s.52, a buyer of land in a pending case is bound by its result. That is why we search the courts before you pay.
Search the land before you buy
Find the hidden claims while you still have a choice. A written assessment costs nothing.
