Considering the purchase of a small home

Hello all,

I am a recent legal resident based on my marriage to my Lankan wife. We have tried for 4 years to obtain spousal visas to USA, my home. All have failed but we are still trying. So it is time to have the plan B of me living here most of the year.  We are now considering the purchase of a small home. We have her sons in BCI College, So Negombo area is required. I understand I am not allowed to purchase a home and land here, so it must be in my wifes name.

Questions are: Are land surveys typically done prior to purchase? Title searches also must be done, and only local Attornies can prepare the documents? Any suggestions would be welcome!!

@Marys man


Hello Marys man,


Please note that I have created a new thread from your post on the Sri Lanka forum so that members can advise. The other thread was about working professionals regulations.


Have you contacted any notary yet ?


Regards

Bhavna

I am a Sri Lankan and a US citizen. I do own a house in Colombo, so I am not too familiar with your area, and do not know and cannot recommend anyone from your area. Please make sure you do get both a survey and a title search done before you/your wife sign on the title deed transfer documents. Most of the lawyers are either careless or have no time. So make sure you check the description of the property entered in the last part of the title deed (and have the title deed written in English) to make sure that matches with the owner's deed and the survey (the lawyers make errors frequently, and do not double check their work – this is from my personal experience). If you want to check, you can do it yourself. I did check mine. Most of the old deeds were recorded in English, and are easily accessible for a very small fee at the local Land registry. Go with your wife to explain in Sinhalese to the office staff what you need. (You will need the Folio #, which is handwritten on the owner's deed with the recorded date stamped by the land registry on the date it was recorded). Good luck!

Thank you for the sound advice. Since I posted this we found a lovely small home on 105 lush perch in the "suburbs".   As it turns out there have been two surveys of the property we have committed to in the last 4 years, so we accepted that. Owners selling due to migration, very common these days. Also the contracts were written in English.

Who know what  rood was? (40 perch btw)  Also perhaps since you purchased the law seems to be that foriegners, even legal residents cannot own land, only lease for 99 years. So we have written it all in my wifes name. We will take your advice and go to personally check at the local registry. But we will have their recording stamp on the final paperwork.

@Marys man


Title search is important which is done by a lawyer/notary.  Yes, getting a survey done is also important to ascertain that you have the land extent indicated on the seller's own Deed of Transfer. Please also check whether owner's land survey plan has been approved by the relevant municipal authority.


Ajithaa Edirimane

Thank you. The purchase has been completed. Yes through an attorney, and the title search was completed and recorded. That did not protect us from the previous owner absconding with the exterior wiring, or leaving mounds of trash however.  We should have done the final payment at the property I suppose. Final inspection 2 days before was not prudent. No big deal but word to the wise for others.