Guide · Land and title
Encumbrances: the hidden claims on a property
You inherit an encumbrance if it is not cleared before you buy. Here is what they are and how the title check finds them.
An encumbrance is a claim or liability attached to a property — and you inherit it if it is not cleared before you buy, which is why finding them is at the heart of a title check.
Encumbrances are the invisible part of a property, and the reason a place that looks perfect can still be a bad buy. This guide explains what they are and how they are caught. The catching is your lawyer’s job; understanding them is yours.
What counts as an encumbrance
An encumbrance is anything that limits or burdens ownership: an unpaid mortgage, an ongoing court case or dispute, a right of way across the land, or another party’s claim. Some are obvious; some are not. What they share is that they travel with the property, not the seller — so if one is not cleared before completion, it becomes yours.
How the title check finds them
An independent lawyer tracing the ownership history through the registered deeds is, in large part, hunting for encumbrances. The search confirms not just that the seller owns the property but that they can pass it free and clear. This is the single reason a title check matters so much, and the single reason to use your own lawyer rather than relying on anyone else’s assurance.
The co-ownership trap
Inherited and co-owned land is a frequent source of trouble, because a valid sale needs every owner’s consent. A seller offering the whole of a property they own only a share of, or without a co-owner’s agreement, is a problem that surfaces at the worst possible time. Your lawyer confirms that whoever is selling has the right to sell all of what is on offer.
Protect the money too
While the legal checks run, protect any deposit you pay: how it is held, and what happens if the deal falls through, should be set out in writing and checked by your lawyer before you hand it over. Do not pay on trust alone — the terms are exactly what your lawyer is there to confirm.
Clear title is the whole point
Strip everything back and this is what a purchase is really buying: clear, unencumbered title to the property. The deed, the survey, the searches all serve that one end. Get it, confirmed independently, and you own the property cleanly. Skip the check to save a fee, and you may be buying someone else’s problem along with the land.
Sources
- An encumbrance (mortgage, dispute, right of way) attaches to the property and passes to the buyer unless cleared.Standard conveyancing practice
Questions people ask
What is an encumbrance?
An encumbrance is a claim or liability attached to a property — a mortgage, a court case, a right of way — that can limit or burden ownership. A title check is partly a hunt for encumbrances, because you inherit them if they are not cleared before you buy.
How is title actually checked?
An independent lawyer traces the ownership history through the registered deeds to confirm the seller can pass clear, unencumbered ownership. This search is the heart of protecting a buyer, and it is not a step to skip or rush.
Why does the title need checking?
A title check confirms the seller actually owns what they are selling, free of undisclosed mortgages, disputes or defects — it is the single most important protection in a purchase. Have an independent lawyer do it before you commit money, not after.
What if a property has several owners?
Co-owned or inherited land needs every owner's valid consent to sell, and missing or disputed consents are a frequent source of trouble. Your lawyer confirms that whoever is selling has the right to sell the whole of what is on offer.
Do I need my own lawyer?
Yes — engage your own independent lawyer rather than relying on the seller's, because your lawyer's job is to protect your interest specifically. It is among the most worthwhile money you will spend on the whole purchase.
What is included in the sale?
Confirm in writing what stays and what goes — fittings, fixtures, and sometimes furniture are all negotiable and all a common source of disappointment on handover day. If it is not written down, do not assume it is included.
What is the difference between a deed and title?
A deed is a document that records a transfer; title is the underlying right of ownership itself. Sri Lanka has historically used a deeds-registration system, with a move towards title registration under the Registration of Title Act — which system applies to a given property is something to confirm.
Is my deposit safe before completion?
How any deposit is held and what happens to it if the deal falls through should be set out in writing and checked by your lawyer before you pay it. Do not hand over money on trust alone — the terms are exactly what your lawyer is there to confirm.