Property Transfer
Procedures and documents for property transfer. El-Eman Office prepares survey documents for transfers.
Types of Transactions That Transfer Ownership
Procedures differ slightly depending on why ownership is transferred. In a sale, the two parties sign a contract and then register it. A gift needs a particular legal form. With inheritance, ownership passes to the heirs according to their legal shares after the death and the heirship are established. Each case has its own documents, and taxes and fees also differ, so the type of transaction should be identified before gathering papers.
- Sale: a contract between seller and buyer, with the price paid and due taxes settled.
- Gift: a transfer of ownership without payment, registered under special conditions.
- Inheritance: a heirship declaration, an inventory of the estate and division among the heirs.
- Exchange: swapping two properties and registering it officially.
Checking the Property Before Buying
A buyer should not rely on the contract alone but should check the property's legal and survey status. Ask for the seller's title deed and the previous chain of ownership, and make sure there is no mortgage, attachment or court dispute over it. Also compare the registered area with the actual area through a survey, because differences between paper and reality are common and can affect the price or the completion of registration.
It is also advisable to inspect the property in person and confirm who actually holds it, and that utility bills, property taxes and instalments, if due, have been paid, so the burden does not pass to the buyer.
Mistakes That Hold Up Transfer of Ownership
Some problems recur that delay or defeat the procedure, notably:
- Dealing on an informal contract without completing registration.
- Buying from someone without full title, or from one heir without the others.
- A different name, national ID number or address between documents.
- Neglecting to inquire about third-party rights over the property.
- Relying on an old sketch that does not reflect current changes.
It is wise to use a specialist lawyer to review the contract before signing, and to check the area in the field.
Taxes, Fees and Side Costs
Besides registration fees, other taxes or charges may be due, varying with the type of transaction, the value of the property and the authority concerned. It is sensible to make exact inquiries before contracting to decide who bears each item, and to write that into the contract. Lawyer and surveyor fees and the cost of extracts are added. Avoid relying on figures you heard from others, since rules change and differ from case to case.
Frequently asked questions
Can an undivided share in a property be sold?
A co-owner can dispose of his share, but the procedures are more delicate and in some cases the other co-owners may have rights. Legal advice is needed before buying.
Why is a recent survey requested?
To make sure the area and boundaries in the contract match reality, to avoid later disputes with neighbours or the authorities, and so the sketch can be approved by the competent body.
Do debts linked to the property pass to the buyer?
Some obligations attached to the property itself may pass, such as unpaid utility arrears or registered encumbrances. Full inquiries should therefore be made before paying, and responsibilities set out in the contract.
