The Essence of Title Search and Its Legal Framework
A title search service means planned work with the data of the public registry, and its legal framework on this page is represented by Articles 5, 6 and 10. The starting principle comes from Article 5: towards data registered in the public registry a presumption of reliability operates, unless they are declared no longer in force, void or nonexistent in the manner established by Georgian legislation. The purpose of the search is precisely to obtain documentary coverage of these data in full and to assess them legally.
In practice this means that a search is not simply pulling a certificate: it is a process that begins with identifying the specific property, continues through a proper request and ends with receiving the document and analysing its content. Each stage can meet obstacles, and this is exactly why a search needs legal accompaniment.
The Extract and Its Sources
Article 10 provides that an extract from the registry of rights to immovables is prepared on the basis of the unified databank of the registries of rights to immovables, public-law restrictions, tax liens or mortgages, and debtors, and reflects the data registered in those registries and in force at the moment of preparation. The retrieved document thus combines a picture of rights, restrictions and obligations as of a given time.
The extract from the public registry is issued to any person and is prepared together with the decision on registration, and where registered data exist — upon payment of the corresponding fee; its content and form are defined by an instruction. The practical value of the search lies in the rule that, when effecting a transaction or another legal act concerning an immovable — apart from establishing the right of inheritance — the interested person's authority is established only by an extract from the public registry. The retrieved document is thus not merely informative: it is the sole means of confirming authority for the deal.
The Request Process and Deadlines
Article 6 governs requests for information. When a request is made, the registering body may set a 30-day period for submitting additional information or a document where the content of the request cannot be understood or the requested information cannot be identified; where the document or information defined by legislation is not attached to the application; or where another case provided by legislation exists. During that period the review deadline is suspended and is renewed only upon submission of the materials or removal of the ground for suspension; non-submission leaves the application unexamined, and the body's decision is appealed in the manner established by legislation.
The timeline of a search must therefore account for these risks: the request should be precise and complete from the outset, so that no suspension arises. Experienced accompaniment here means framing the request so that the property and the requested data are defined unambiguously and the documentation is attached in full.
Using the Retrieved Data
The result of a search acquires value when it is converted into the decisions of the transaction: the authority confirmed by the extract, the restrictions and the encumbrances are reflected in the price, the payment terms or the safety mechanisms of the deal. Where the search reveals a defect, the form of the transaction changes or the parties step back — and that decision must rest on a documentary foundation, so that the party that stepped back can later justify it.
Scenarios of a Search in Practice
A search is used in different situations: in preparing a purchase it exposes the counterparty's authority and the encumbrances on the property; in pledge-based financing — what restrictions already exist and how free the property is for a new encumbrance; in arranging an inheritance — what is registered in whose name; and in preparing a dispute — the data on which the position must be built. A search is therefore always commissioned for a specific purpose, and its result is evaluated against that purpose.
Frequently Asked Questions
What document is the subject of the search?
An extract from the public registry reflecting the in-force data of the unified databank of the registries of rights, restrictions, liens and debtors.
To whom is the extract issued?
Any person, together with the decision on registration; where registered data exist — after payment of the corresponding fee.
What happens if the request is imprecise?
A 30-day period for additional information or a document is set; review is suspended meanwhile, and non-submission of the materials leaves the application unexamined.
Why is the extract decisive for the transaction?
In a transaction the interested person's authority is established only by an extract — apart from establishing the right of inheritance — and the safety of the deal depends on it.
What status do registry data have?
A presumption of reliability operates until the data are declared no longer in force, void or nonexistent in the statutory manner.
How We Help on Legal.ge
On Legal.ge we carry out title searches through the full cycle: we prepare precise requests, control deadlines, obtain the extract and read it legally. Contact us — we will retrieve the documents for your property and plan the next steps according to the picture received.