Land Due-Diligence Checklist
Verify title, ownership and documentation before money changes hands. The checks that protect you.
This is the stage where money is lost or protected. Do not compress it, and do not let anyone rush you through it. Every item here is a question you are entitled to ask and to have answered in writing.
Verification is not distrust. It is ordinary practice, and a serious seller will expect it.
1. Establish what title is being sold
Ask plainly: what document will I receive, and what does it prove? Common instruments differ enormously in strength.
- Certificate of Occupancy (C of O) — the strongest ordinary evidence of a right of occupancy.
- Governor’s Consent — required when previously granted land changes hands. Without it, a later transfer can be challenged.
- Excision and Gazette — confirms land has been released by government to the community. Ask for the gazette number, page and year.
- Deed of Assignment — the transfer instrument between parties. It is not by itself proof of good root of title.
- Registered Survey Plan — identifies the exact parcel and its coordinates.
2. Search the records yourself
- Conduct a formal search at the state Land Registry or Ministry of Lands.
- Have the survey plan charted at the Surveyor-General’s office to confirm the parcel is not under government acquisition or committed land.
- Confirm the land does not sit in a road setback, right of way, drainage channel or designated green area.
- Ask whether the parcel is subject to any pending litigation or caveat.
3. Confirm who actually has capacity to sell
- Does the person selling appear on the title documents? If not, what authorises them?
- For family land, are the accredited representatives of the family all party to the sale, with evidence of their authority?
- For a company, is there a board resolution authorising the sale?
- For an estate, has probate been granted?
4. Inspect and match
- Visit the land physically, with your own surveyor, not only the seller’s.
- Confirm the beacons on the ground match the survey plan coordinates.
- Check for existing structures, crops, tenants or occupants — and who they are.
- Speak to immediate neighbours about the land’s history.
5. Settle the community position
- Establish what community or development levies apply, and what they cover.
- Get every payment receipted, in the name of the correct entity.
- Understand what further charges will arise at the point you build.
6. Paperwork and payment
- Engage your own independent solicitor — not one introduced by the seller.
- Have the contract and deed reviewed before you sign anything.
- Pay traceably, into a verified account in the correct name. Never pay cash without a receipt.
- Collect and safely store: receipt, deed of assignment, survey plan, and evidence of title.
- Begin the process of perfecting your title. An unperfected title is a future problem.
7. The questions worth asking out loud
- Why is this being sold, and why now?
- What is the one thing about this land you would want to know if you were buying it?
- Is there anything that would prevent me from building here next year?
- What has not been mentioned?
This checklist is general education, not legal advice. Requirements differ by state and by title type. Always instruct your own qualified solicitor and surveyor for the specific property you are considering.
Keep going
Knowledge is the first step of the journey. The rest of it is waiting.