How to Check Property Owner and Encumbrances
How to Check Property Owner and Encumbrances: A Guide
Whether you are planning a property purchase like an apartment or house, it represents a major financial decision, and the legal security of the transaction depends on the records in public registers. Knowing how to check a property owner and determine if there are registered encumbrances on the property is the first line of defense for every buyer against fraud, unregistered mortgages, and hidden lawsuits.
The Republic Geodetic Authority (RGA) in Serbia allows quick and transparent insight into property records via digital services.
Below is a detailed guide through free online verification, interpreting the Title Deed, and crucial legal steps before paying a down payment.
1. Free Online Check via the eKatastar Portal
The fastest way to check who is registered as the owner of real estate and whether there are encumbrances on it is to use the eKatastar public service (Public Insight into the Real Estate Cadastre).
To search, you need basic data:
Search by address: Select the municipality, cadastral municipality, street, and house number.
Search by plot number or title deed number: If you know the exact cadastral plot number or Title Deed (LN) number, the search is even more precise.
The portal displays basic data about the property: area, floors, ownership share (e.g., 1/1 or co-ownership), as well as a special "Encumbrances" section listing all registered burdens and recorded notices.
Side-by-Side Comparison: Public Insight (eKatastar) vs. Official Title Deed
The following table explains the difference between the free internet insight and the official document:
Feature / Aspect | Public Insight (eKatastar portal) | Official Title Deed (RGA / Notary) |
|---|---|---|
Legal Force | For informational purposes; has no evidentiary force | Official public document with a seal and signature |
Issuance Cost | Completely free | A fee is paid (at the notary or cadastre) |
Retrieval Method | Instantly on the computer or phone screen | Printed at the public notary or cadastre |
Purpose of Application | First quick check before a purchase decision | Necessary for contract notarization and loan approval |
Data Up-to-dateness | Shows current state in the database | Shows state at the exact day and hour of issuance |
2. Types of Encumbrances in the Cadastre: What Do They Mean in Practice?
When you open the data about a property (which is often a major reason why an apartment is not selling if paperwork isn't clear), the crucial part you must pay attention to is the section with encumbrances. A burden does not always mean the apartment cannot be bought, but it requires extra caution.
Mortgage
A mortgage indicates that the property is collateral for a loan from a bank or another creditor. An apartment with a mortgage can be legally purchased, but the contract must define that a part of the purchase price is paid directly to the bank to close the loan and issue a deletion permit.
Note of dispute or enforcement
This note indicates that court proceedings are ongoing regarding that property or that a public enforcement agent has initiated a debt collection process. Avoid purchasing properties with a recorded note of dispute until the proceedings are legally finalized.
Life usufruct
A legal encumbrance guaranteeing a third party the right to live in the property until the end of their life, even if the owner changes. Sale is possible only with the written consent of the usufructuary or by deleting that right from the cadastre.
Note that the building lacks a usage or building permit
Indicates legalization status. Especially when considering a modern new build, properties without a usage permit frequently cannot be purchased via a bank mortgage loan. To learn more about checks on the technical and construction quality of the building itself, read our guide on how to recognize safe construction.
3. The Role of the Public Notary (Notar) in Verifying Ownership
Although you can check the data via eKatastar yourself, in the purchase process, the public notary has a legal duty to perform an official insight into the RGA database in real-time on the day of contract notarization.
The notary will not notarize the contract if they observe legal impediments or if the seller is not registered as the actual owner in the cadastre (special rules apply when financing from abroad, about which you can read more in our guide on housing loans for non-residents). If you are arranging your first purchase and calculating notary fees and notarization costs, consult our first-time homebuyer financial guide.
4. Checklist for Legal Checking of Real Estate
Before you give the seller a down payment, go through the following steps:
Compare data from ID card and cadastre: Ensure the seller's name and Personal ID Number (JMBG) completely match the registered owner in eKatastar.
Check the ownership share: Is the seller the 1/1 owner or are there co-owners? If co-owners or a spouse exist, all must sign the contract or give notarized consent.
Check the "Encumbrances" section: Read all registered mortgages, notes, or prohibitions on alienation.
Check documentation continuity: If the apartment is in the process of registration, request to see all previous original purchase contracts or probate decisions from the first registered owner.
Request proof of settled utilities: Check for debts for Infostan (municipal utilities), property tax, and electricity.
Verifying how to check a property owner and registered encumbrances represents the foundation of a legally safe purchase. The combination of free online verification via eKatastar, hiring licensed real estate agencies, and expert verification by a public notary ensures that your investment remains fully protected from all hidden encumbrances and legal risks.
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