Important Checks Before Acquiring Land for Real Estate Development

Before purchasing any land for development, developers must perform key legal and technical checks to avoid project delays, legal disputes, and financial loss.

DEVELOPER RULES

Engineer Aamir Momin

7/13/2025

a man riding a skateboard down the side of a ramp
a man riding a skateboard down the side of a ramp

Acquiring land is the first and most critical step in any development project. One wrong decision here can result in huge losses, court cases, or unusable land.

Whether it’s a plotting scheme, residential high-rise, or commercial building—you must ensure the land is clear, developable, and compliant with local laws.

Let’s explore the key pre-acquisition checks that every developer must follow.

🧾 1. Title Verification and Legal Due Diligence

  • Verify the title of the land: Confirm who owns the land and check for multiple claimants.

  • Get title certificate from a competent lawyer covering 30 years (or more) of chain of ownership.

  • Check for:

    • Inheritance disputes

    • Litigation or civil suits

    • Encumbrances (mortgages, liens)

    • Power of Attorney misuse

🔍 Tip: Always perform a search in the sub-registrar's office and revenue records.

🗺️ 2. Land Use as per Development Plan (DP)

  • Check the land zoning as per the city's Development Plan (e.g., Residential, Commercial, Industrial, Green Zone, etc.)

  • If it’s in a Non-Developable Zone, you can’t build even if the title is clean.

  • Some lands are under:

    • Reserved zones (Playground, School, Hospital, etc.)

    • Forest / CRZ / Flood-prone zones

📌 Only proceed if the zoning permits your intended use.

📐 3. Measurement and Boundary Verification

  • Get a site measurement and boundary marking done by a government-licensed surveyor.

  • Verify it matches the land records (7/12, Ferfar, Property Card).

  • Check for any encroachments or illegal occupation.

📝 4. Documentation and Land Records

Ensure availability of key documents:

  • 7/12 extract or property card

  • Mutation entries (Ferfar)

  • Search report

  • Sale deed

  • NA (Non-Agricultural) Order, if applicable

If NA is not done, get it converted from Agricultural to Non-Agricultural as per the process.

🛣️ 5. Access and Road Connectivity

  • Does the land have direct access to a public road?

  • If access is via another private land, ensure it is legally granted (through Right of Way or registered easement).

  • Lack of legal access can delay or stop sanction.

💧 6. Availability of Infrastructure

Check proximity to:

  • Water supply lines

  • Drainage network

  • Electricity distribution

  • Municipal or authority boundary

This affects both construction feasibility and project cost.

📋 7. Compliance with Local Authority Norms

  • Check with the municipal corporation or planning authority:

    • Any acquisition notification pending

    • If land falls under Urban Ceiling Act or Environmental Regulation

  • Inquire about FSI available, any premium FSI option, and setback rules

🧠 Final Thoughts

Many developers rush into land deals based on location, price, or speculation. But real success comes when the land is:

  • Legally clean

  • Technically feasible

  • Regulatory compliant

📌 Before signing any agreement:
Do a 360° check. Don’t just buy land—buy confidence.