Buying a home is a life investment. Most people consider the home's location, pricing, neighborhood, structure, etc. In addition, homebuyers also take personal factors into account, including their needs and wants for a new house. However, that's not at all! People buying a house should also up their legal game to prevent the chances of real estate fraud.

Here, a property lawyer in Queens highlights some essential legal aspects every homebuyer should consider. It's important to check and verify the documents and certificates on this list.

Title Deed Assessment

A title deed states the ownership of a real estate property. However, local authorities never issue a title deed if the property has structural issues. If you consider a property, we recommend checking its title deed at the Sub-registrar's office. The correct title deed should state that the property is free from any defects, doesn't have any disputes, isn't pledged, and the seller owns the building entirely. Never move forward with buying a house without checking the title deed beforehand.

Check the Encumbrance Certificate

An encumbrance certificate or EC shows that the property you're considering doesn't have any dues or disputes. It also shows all the past transactions of the property done after the relevant authorities issued the encumbrance certificate. For instance, you can see how many people have bought, sold, or rented this place in the last few years. We understand that some people don't want to buy a pre-lived property, and checking an encumbrance certificate is the right way to ensure that!

Environmental Clearance Validation

You also need to consider the environmental clearance documents. The builder of the house must have an environmental clearance certificate. This certificate should be from the Federal Government's Forest and Environmental Department. However, this only applies to properties over 20,000 square meters, and you need to ensure that the house in question has one to avoid disputes in the future. Properties under the 20,000 square meters limit don't need environmental clearance, and you can purchase them after checking other legal aspects on this list.

Ask For Property Tax Receipts

The house seller has to pay property taxes before putting their house on the market. If they don't, the buyer will have to pay the same tax after purchasing the property. This can be a huge liability, so you should ask for property tax receipts before signing the deed. Ensure that the builder or seller has cleared all dues before putting the property up for sale.

Conversion Certificate (If the House is Built on Converted Land)

Do you know that even lands have different types? Residential land is different from agricultural, industrial, or commercial land, and people can't build a house on land that's not residential. However, they can convert agricultural land to residential land to build houses. For this purpose, the builder requires an NOC or a conversion certificate from authorities. Before buying a property, we recommend asking the seller or their agent about the land's status and asking for a look at the conversion certificate if the house is built on converted land.

Occupancy Certificate Assessment

An occupancy certificate states that a house or building is fit for residential use. This document confirms that the builder built the property while following the standard regulations, and any buyer can occupy it. If a house doesn't have an occupancy certificate from the local government, people aren't allowed to live in it. Never buy a house without validating its occupancy certificate beforehand.

Original Building Plan Validation

One of the most common real estate frauds happens when the seller distributes forged construction plans. These construction plans might show that a house has larger or more rooms than it actually has. These forged building plans are a way to lure buyers, so you should always assess the building plan. Ask the builder or seller for a sanctioned building plan issued by the local house development authority. Authorities only issue the sanctioned building plan after verifying the structure and collecting the house's documents.

Land Use Certificate Verification

Another legal aspect that will help you determine if the house is built on residential land is the land use certificate. If the seller mentions that the house wasn't built on a converted land, ask them for a land-use certificate to ensure that you don't end up with a residential property built on land meant for commercial use.

Hire the Services of a Real Property Law Firm Lawyer

We recommend hiring a property lawyer in Queens to ensure you invest in the right property. Ledwidge and Associates is an esteemed real property law firm in Brooklyn, where experienced lawyers ensure that you check all the documents and whether or not they are legitimate. Get in touch with their real property law firm lawyers and let them guide you about the legal aspects of buying a property.

About the Author

The author is none other than Joseph Ledwidge, attorney, founder of Ledwidge and Associates. This property lawyer in Queens has helped many clients with real property and real estate cases in the past 15 years.