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HOW TO VERIFY PROPERTY OWNERSHIP IN BALI

1. Obtaining Official Documents:

  • "Sertifikat Hak Milik" (SHM) - Freehold Title: This is the most secure form of ownership, indicating full legal ownership. It's essential to get a copy of the SHM.
  • "Sertifikat Hak Guna Bangunan" (SHGB) - Leasehold Title: This is a leasehold title, typically granted for a period of 30 to 80 years. Be sure to ascertain the remaining lease period. It's important to understand that SHGB titles may require renewal.
  • "IMB" - Building Permit: Check if the property has a valid building permit. This ensures that the construction meets local building codes.
  • "PBB" - Land and Building Tax Receipt: This receipt verifies that the owner is paying property taxes, indicating they are likely taking responsibility for the property.
  • "Surat Keterangan Riwayat Tanah" (SKRT) - Land History Certificate: This document outlines the property's history and ownership. It can be helpful in identifying past transactions and potential legal issues.

2. Investigating the Chain of Title:

  • "PPAT" - Public Notary: A lawyer specializing in real estate transactions. They can access official records and confirm the legitimacy of the documents.
  • "BPN" - National Land Agency: This agency maintains property records. It is possible to access these records and confirm the owner's name and title.
  • "Hak Pengelolaan" (HPL) - Right to Manage: This document indicates that a party has the right to manage the land. It might be necessary to understand who owns the HPL if you are dealing with SHGB or SHM properties.

3. Performing Additional Due Diligence:

  • Local Community Inquiry: Speak with local residents, community leaders, or real estate agents to gather additional information about the property and the owner's reputation.
  • Physical Inspection: Visit the property to confirm its condition and verify that the stated details match the reality.

4. Engaging Professional Help:

  • Real Estate Lawyer: Hiring a reputable lawyer specializing in Indonesian real estate law is crucial. They can interpret documents, conduct title searches, and identify potential risks.
  • Property Investigator: If you're buying a property through a broker or agent, it's advisable to hire a property investigator independently to perform a thorough verification.

Important Considerations:

  • Land Acquisition Regulations: Bali has specific land acquisition regulations, including the "Awig-Awig" (traditional village regulations) that may influence ownership rights. Be sure to consult with a lawyer or local expert about these regulations.
  • Foreign Ownership Restrictions: Foreigners face restrictions on property ownership. There are different pathways to owning property in Bali. Consult with a lawyer to understand the legal avenues available to you.
  • Hidden Ownership: Sometimes, the official owner may not be the actual owner. You should investigate the background of the owner and any potential underlying issues.

By thoroughly verifying property ownership in Bali, you can minimize legal risks, safeguard your investment, and ensure a smooth transaction.

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