A recent court decision is introducing changes to the way notifications regarding encumbrances and memos registered on properties are handled after the filing of a sale agreement.

Until now, a practice had been followed whereby the Department of Lands and Surveys would notify buyers if new encumbrances or memos were imposed on a property after the sale agreement had already been deposited.

This practice had been adopted to provide purchasers with additional information during the property transfer process.

However, the new decision clarifies that there is no legal obligation for the Land Registry to issue such notifications. As a result, the automatic notification process for new encumbrances or memos following the deposit of a sale agreement will no longer apply.

This change means that the monitoring of a property’s status until the completion of the transfer process will now be carried out by purchasers and their legal advisors.

Within the real estate market, legal due diligence and the ongoing review of title status remain important parts of the property acquisition process.

At Chara Developers, transparency and clear communication with our clients remain a priority throughout every stage of a property transaction.