Arrests and Encumbrances: How to Check a Property Before a Deal—For Foreigners

Why checking liens and encumbrances matters 🔎

Buying property abroad carries extra uncertainty. Liens and encumbrances can block sale, create unexpected costs, or limit how you use the property. For foreigners, these risks grow because of language, local legal practice, and different registration systems.

What are liens and encumbrances? (Simple explanation) ✅

• A lien or seizure is an official restriction that prevents free disposal of the property.
• Encumbrances include mortgages, pledges, easements (rights of way), and leases that stay with the property.
• Some encumbrances are not visible on a site visit — you must check registries and documents.

Where to search in Georgia 🗂️

• The National Registry (Public Registry) is the main source: request an up-to-date extract about ownership and encumbrances.
• Court and enforcement records show whether there are lawsuits or seizures affecting the property or owner.
• A cadastral plan and notary records can clarify boundaries and formalities.
• Municipal and tax records may reveal debts or administrative restrictions.

Step-by-step checklist for a foreign buyer 📋

1. Ask the seller for original title documents and certified translations if needed. If a representative signs, request the notarized power of attorney.
2. Obtain a current extract from the property registry showing the rights holder and all registered encumbrances.
3. Search court and enforcement registers for cases related to the owner or the property address.
4. Verify seller identity: compare ID data, address, and signatures across documents.
5. Hire a local lawyer who can run detailed searches and prepare protective clauses in the contract.
6. Use escrow or notary-supervised payment to ensure funds are released only after clean title transfer.

Documents to request from the seller 📑

• Current extract from the property register.
• Cadastral plan and technical passport.
• Proof of payment of taxes and utilities where available.
• Copies of agreements affecting the property (mortgage, lease, easement).
• Notarized power of attorney if applicable.

Red flags to watch for 🚩

• Outdated or incomplete registry extracts.
• Discrepancies between seller ID and registry records.
• Registered enforcement proceedings, liens, or known debts.
• Pressure from seller to sign quickly or to move funds outside official channels.

Practical tips and examples for foreigners 🤝

• Insist on written and translated documents — verbal assurances are not enough.
• A local attorney can cross-check public registries more efficiently and advise on contract wording.
• If an encumbrance exists, require the seller to remove it before closing or negotiate a price/escrow arrangement.
• Postpone the deal if critical doubts remain — patience protects your investment.

If you want help checking a specific property and arranging legal support, you can start your search on BuyHome: https://buyhome.ge/en/search

We know buying abroad can feel complex. Contact BuyHome for assistance with document checks, legal referrals, and safe transaction setup. We're ready to help you choose the right property and complete the deal with confidence.