Chilean property law is solid. The title system is centuries old, notarially registered, and difficult to falsify. But solid doesn’t mean automatic — it means the system works well for buyers who do the work. This checklist covers the five documents every foreign buyer should see before committing to a purchase.
1. The Escritura Pública (Title Deed)
The escritura is the core document. It’s the notarised deed of sale from the most recent transaction and defines the legal boundaries of the property, the parties involved, and the terms of the transfer. Your lawyer will obtain a certified copy from the Conservador de Bienes Raíces (Property Registry) in the commune where the land sits.
What to check: The parties named, the property description (rollos or cadastral reference), and that the seller on the current deed matches the registered owner.
2. Certificado de Dominio Vigente (Certificate of Current Ownership)
This is the authoritative current-ownership certificate issued by the Conservador. It confirms who legally owns the property at this moment and whether there are any recorded liens (hipotecas), easements (servidumbres), or encumbrances (gravámenes).
What to check: That the seller’s name matches exactly. Any hipoteca must be discharged before the sale completes — your notary will require this.
3. Certificado de Hipotecas y Gravámenes (Liens and Encumbrances)
A separate certificate from the Conservador listing all registered charges against the property going back 10 years. This is where mortgages, court orders, usufruct rights, and other claims will appear.
What to check: Any unexplained entry. A clean certificate should show nothing, or only an entry that the seller has committed to discharge at closing.
4. CONADI Clearance (Indigenous Land Status)
Under Chile’s Ley Indígena (Law 19,253), land that has been designated as indigenous territory cannot be sold to non-indigenous buyers. CONADI (the National Corporation for Indigenous Development) maintains the registry of protected parcels.
What to check: A CONADI clearance letter confirming the specific parcel is not subject to indigenous land protection. This is especially important in La Araucanía, Los Ríos, Los Lagos, and Aysén regions.
5. Plano de Subdivisión or Plano Regular (Survey Plan)
The cadastral survey map showing the legal boundaries of the parcel. For rural land, this is often held at the local SAG (Agricultural Service) or the municipality. It should match the area stated in the escritura.
What to check: That the boundaries shown correspond to the physical terrain you’ve visited. Discrepancies between the plan and the actual fences or access roads are common and should be resolved before signing.
A Note on Bringing Your Own Lawyer
We welcome independent legal review on every listing. When you request contact details for a Chilelands property, ask the seller to share all five of these documents with your lawyer. Our position is simple: a buyer who does thorough due diligence is a buyer who closes without problems. Full documentation is always available on request.
For more detail on each step, read our Due Diligence chapter in the Buyer’s Guide.