In recent years, the purchase and sale of gardens and contract-based lands in Shiraz have seen significant growth due to population increase and rising demand for real estate investment. However, one of the main concerns for buyers and owners of such properties is obtaining an official single-page title deed. This document not only secures the legal ownership rights but also enables lawful transfer and access to banking facilities. Still, the process of acquiring a single-page deed for gardens and contract-based lands in Shiraz involves unique challenges and complexities that every investor or owner should be aware of. In this article, we will thoroughly examine the legal steps, common obstacles, and the crucial role of a real estate lawyer in Shiraz in this process.
Definition and Importance of Contract-Based Lands and the Single-Page Deed
A contract-based land or garden refers to a property whose ownership has been transferred solely through a private contract (Qoulnameh) between buyer and seller, without an official deed issued in the buyer’s name. These transactions are common in Shiraz due to their speed and simplicity. However, the absence of an official deed exposes the owner to legal and financial risks. The single-page deed is an official, electronic document that definitively proves ownership and prevents future disputes and lawsuits.
Legal Steps to Obtain a Single-Page Deed for Gardens and Contract-Based Lands
The process of obtaining a single-page deed for these properties requires several legal and administrative steps, each with its own importance:
Inquiry into the Property’s Registration Status:
The first step is to check the property’s registration status with the Registry Office. This determines whether the property has a registration record and if it is mortgaged, seized, or has any legal disputes. If there is no registration record, initial registration procedures must be completed.
Preparation of Identity and Ownership Documents:
The owner or buyer must prepare identity documents (copyright, national card) and ownership documents (contract, sale agreement, payment receipts, etc.). For jointly owned properties, documents for all partners are required.
Obtaining Inquiries from Various Authorities:
To issue a single-page deed, inquiries must be made to the municipality, agricultural department, natural resources office, and other relevant bodies. These inquiries check land use, absence of disputes, debts, or construction violations, and compliance with national and agricultural land regulations.
Site Visit and Mapping:
The Registry Office usually sends an expert or official surveyor to visit the property and determine its boundaries. Preparing a UTM map and accurately identifying the property’s geographic location are essential for issuing the deed. Any boundary disputes or encroachments must be resolved at this stage.
Filing and Submitting Documents to the Registry Office:
After gathering all documents and inquiries, a file is created at the Registry Office. All documents, maps, and inquiries are attached, and the request for the single-page deed is officially submitted.
Review and Issuance of the Single-Page Deed:
The Registry Office reviews all documents and, upon confirming ownership and absence of disputes, issues the single-page deed in the owner’s name. This deed is issued electronically and registered in the national system.
Common Challenges in Obtaining a Single-Page Deed for Gardens and Contract-Based Lands
Obtaining a single-page deed for these properties in Shiraz often comes with several obstacles:
Lack of Registration Record or Existence of Disputes
Many gardens and contract-based lands lack a registration record or have been transferred informally. Proving ownership and completing initial registration can be time-consuming and complex.
Boundary Disputes and Encroachment:
In many cases, property boundaries are unclear or overlap with neighboring lands, leading to legal disputes and delays in deed issuance.
Land Use Issues and Unauthorized Changes:
Some gardens and lands have undergone unauthorized land use changes or have uses that conflict with urban or agricultural plans, which can block the issuance of an official deed and require legal follow-up and permits.
Debts or Property Seizure:
If the property has debts to the municipality, agricultural department, or is seized due to previous owner’s debts, the deed cannot be issued until these issues are resolved.
Multiple Contract-Based Transactions and Disputes:
Sometimes, a single property has been sold to multiple people via private contracts, resulting in complex legal disputes that require judicial and expert intervention.
The Role of a Real Estate Lawyer in Shiraz in Obtaining a Single-Page Deed
Facing these challenges, the presence of a real estate lawyer in Shiraz is invaluable. A lawyer familiar with registration laws, municipal and agricultural regulations can streamline the process, assist in gathering documents, follow up on inquiries, resolve disputes, and handle boundary issues. In case of legal disputes, a real estate lawyer in Shiraz can prepare legal petitions and defend the client’s rights, expediting the process. For more information and legal support, you can visit real estate lawyer in Shiraz
Practical Recommendations for Applicants
Before purchasing a garden or contract-based land, thoroughly check the registration and land use status.
If there are disputes or boundary issues, consult a real estate lawyer in Shiraz before proceeding.
Keep all documents and contracts related to the purchase and sale complete and organized.
Obtain all necessary permits for land use changes from relevant authorities.
Use legal advice at every stage to prevent future problems.
Conclusion
Obtaining a single-page deed for gardens and contract-based lands in Shiraz is a sensitive, multi-step process that requires full awareness of laws, careful documentation, and persistent follow-up. Challenges such as lack of registration, boundary disputes, conflicting claims, and land use issues can complicate the process. However, with the guidance and support of a real estate lawyer in Shiraz, these obstacles can be overcome, ensuring secure and official ownership. If you plan to invest in or buy/sell such properties in Shiraz, always verify the legal and registration status beforehand and rely on the expertise of a real estate lawyer to safeguard your investment and rights.
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