Chapter 04

Due diligence checklist

Never skip due diligence on Chilean rural land. Title defects, water right disputes, indigenous land classifications, and road access issues are all discoverable before you sign — but invisible after.

Title study (Estudio de Títulos)

Your abogado orders a complete chain-of-title search from the Conservador de Bienes Raíces. The study should cover at least 10 years — ideally back to the original subdivision. Look for:

  • Clean transfer history with no disputed successions
  • No active mortgages, liens, or prohibiciones
  • No pending judicial proceedings (litigios)
  • Seller has full ownership — not a usufruct or limited right

CONADI certificate

Request a certificate from CONADI confirming the land is not classified as tierra indígena. This is a hard requirement for any land purchase in regions with significant Mapuche or other indigenous communities (La Araucanía, Los Lagos, Los Ríos, Biobío).

Water rights (Derechos de Agua)

In Chile, water rights are separate from land ownership. If the terrain has a river, stream, well, or irrigation canal, confirm the water rights are registered with the Dirección General de Aguas (DGA) and are either included in the sale or clearly excluded. Unregistered water use is not protected.

Survey and boundary verification

Commission an independent topographic survey by a licensed surveyor (topógrafo). Confirm that:

  • The physical boundaries match the escritura description
  • The stated hectare area is accurate
  • No encroachments by neighbors
  • GPS coordinates on the listing match the actual parcel

Road access

Confirm the parcel has legal road access (servidumbre de tránsito) if it is not directly on a public road. Rural land with no legal access easement is effectively landlocked. Verify this in the escritura and physically during a site visit.

Environmental and zoning restrictions

Check the regional Plan Regulador and CONAF records for any Área Silvestre Protegida or Reserva Nacional designation on or adjacent to the parcel. Construction near wetlands, native forest, or protected areas requires prior permits that may be impossible to obtain.

Seller identity verification

Confirm the seller is the registered owner at the CBR — not a broker, relative, or power-of-attorney holder without documented authority. Request a copy of the seller's cédula de identidad and match it against the CBR registration.

We welcome your independent legal review. Full documentation (escritura, title history, indigenous land clearance, survey records) is available on request from any seller listed on Chilelands. Bring your own lawyer — we'll give them everything.