Deeds, title and what to check before you buy land

A deed records a transfer; title is the ownership itself — and understanding that difference is the start of knowing what actually protects you when you buy land.

Land is where the most expensive mistakes happen, because the problems are legal and invisible until someone checks. This guide explains what is being checked and why. It is general information, and the checking itself is your lawyer’s work.

Deed versus title

A deed is the legal document, executed before a Notary Public, that records ownership and its transfer. Title is the underlying right of ownership that the deed evidences. Sri Lanka has historically run a deeds-registration system, where deeds are registered and ownership is traced through them. There is a move towards direct title registration under the Registration of Title Act No. 21 of 1998 — the programme known as Bim Saviya — but its coverage is partial and area-dependent. Which system applies to a given property is one of the first things to confirm.

What a title check actually does

An independent lawyer traces the ownership history through the registered deeds to confirm the seller can pass clear, unencumbered ownership. This search is the heart of protecting a buyer. It is hunting, in particular, for encumbrances — a mortgage, a court case, a right of way — because these attach to the property and you inherit them if they are not cleared before you buy. Do this before you commit money, with your own lawyer, every time.

The survey plan

A survey plan, prepared by a licensed surveyor, defines the exact extent and boundaries of a plot. Checking that the plan matches both the deed and the ground is how you confirm you are buying the land you think you are — the right shape, the right extent, in the right place. On land, this is not optional care; it is basic protection.

The trap of co-ownership

Co-owned or inherited land needs every owner’s valid consent to sell, and missing or disputed consents are a frequent source of trouble. Your lawyer confirms that whoever is selling actually has the right to sell the whole of what is on offer — not just their share of it.

After you buy

Keep the original deed safe and know where it is; replacing a lost original is a nuisance, and your lawyer will advise on safe custody once the purchase completes. Get the checks right at the start, and land becomes what it should be: a solid asset rather than a hidden risk.