Arrests and Court Bans: How to Check a Property Before Buying

Seizures and court restrictions: why you must check 🏠

Buying property is a major decision. Seizures, judicial bans, liens or enforcement orders can block registration of ownership or even lead to loss of the asset. Before signing a contract, know where to look and which checks to run.

What are seizures and court restrictions? ⚖️

• A seizure (attachment) restricts the owner's right to sell or transfer property, usually because of a creditor claim or enforcement proceeding.
• A court restriction (judicial ban) is a court order that prevents certain transactions with the property until the dispute is resolved.

Both mean the seller may be unable to transfer the title until issues are cleared.

Key places to check 🔍

1. Public Registry extract — the primary source showing ownership and encumbrances.
2. Court registers — to find suits or injunctions affecting the property or owner.
3. Enforcement/executive proceedings — data about active attachments or seizures.
4. Tax and municipal records — unpaid taxes can trigger restrictions.
5. Utility and maintenance debts — outstanding bills sometimes complicate registration.
6. Family or inheritance disputes — these can create hidden claims on title.

Documents to request from the seller 📁

• Official extract from the Public Registry with the cadastral number.
• Cadastral or positional plan.
• Proof of no outstanding utility or tax debts (if available).
• Copies of previous sale contracts and relevant notarized documents.
• Power of attorney documents if a representative is selling.

Step-by-step buyer checklist ✔️

1. Ask the seller for the cadastral number and a recent registry extract — check the "encumbrances" section.
2. Search court registers for suits involving the owner or property address.
3. Check enforcement registers for active attachments — these often precede an arrest.
4. Request proof of cleared municipal and utility payments.
5. If doubts exist, hire a local lawyer to perform full due diligence and draft protective clauses.
6. Negotiate contractual conditions requiring the seller to remove restrictions before funds transfer, or use an escrow/notarial condition.

Practical scenarios and tips 💡

• If the registry shows a mortgage, ensure you receive written confirmation from the lender that the mortgage will be discharged at closing.
• For a court ban, determine its basis and duration. Some bans can be lifted by agreement or court order prior to closing.
• Verify any power of attorney with the notary; check identity and validity dates.
• For inherited property, confirm all heirs have been accounted for and legal succession procedures completed.

How an agent and lawyer can help 🤝

• Agents can order an up-to-date extract and explain entries about encumbrances.
• A lawyer will search court and enforcement records, prepare a legal opinion and advise contractual protections.
• For higher-risk cases, consider a notarial transaction with conditional disbursement or escrow until restrictions are cleared.

Quick risk-control checklist ✅

• Obtain a registry extract showing no active prohibitions, or clear documentation on how they will be removed.
• Verify court and enforcement records for owner and address.
• Collect evidence of cleared tax/utility debts.
• Include contractual clauses that protect the buyer if restrictions are not lifted.
• Use legal and notarial support for registration.

Final thoughts — be thorough and patient 🧭

Checking for seizures and court restrictions is an essential part of buying property in Georgia. Investing a little time and legal assistance now can prevent costly disputes later. If you need help with checks or want support through the transaction, we can assist.

Explore properties and start a check with our search: https://buyhome.ge/en/search

Contact us — we’ll help you safely choose and buy property in Georgia.