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Property Deed
I need a property deed for a residential property transfer in Jakarta, including details of the buyer and seller, property description, purchase price, and any existing encumbrances. The document should comply with Indonesian property laws and include notarization requirements.
What is a Property Deed?
A Property Deed is a legal document that proves your ownership of land or buildings in Indonesia. It officially transfers property rights from one party to another and must be prepared by a licensed notary or PPAT (Land Deed Official) under Indonesian law. The deed contains essential details like the property's location, boundaries, and the complete identities of both buyer and seller.
In Indonesian real estate practice, this vital document serves as your strongest proof of ownership and gets registered with the National Land Agency (BPN). Without a properly executed Property Deed, you can't legally claim ownership, sell the property, or use it as collateral for loans. Banks and government offices rely on these deeds to verify property rights and handle real estate transactions.
When should you use a Property Deed?
You need a Property Deed when buying, selling, or transferring any real estate in Indonesia. This crucial document becomes necessary during major property transactions like purchasing a house, acquiring land for business expansion, or transferring inherited property to family members. Indonesian law requires this deed for all property transactions above 60 million rupiah.
The deed must be created before finalizing any property payment or taking possession of the property. Banks require it for mortgage applications, and local authorities need it for building permits or property tax registrations. Getting the deed early helps avoid ownership disputes, speeds up future transactions, and protects your property rights under Indonesian law.
What are the different types of Property Deed?
- Sale Deed: The most common type, used for general property transactions and transfers between buyers and sellers
- Deed Of Sale Of Land: Specifically for vacant land transactions, including details about land boundaries and usage rights
- Property Trust Deed: Used when property is held in trust for beneficiaries, common in family arrangements
- Deed Of Sale For House: Tailored for residential property sales, including building specifications and fixtures
- Deed Of Assignment For Property: For transferring property rights without a direct sale, often used in inheritance cases
Who should typically use a Property Deed?
- Property Buyers and Sellers: The main parties in the Property Deed transaction, responsible for providing accurate information and meeting agreed terms
- PPAT (Land Deed Officials): Licensed professionals who must prepare and authenticate the deed according to Indonesian law
- Notaries: Authorized to verify identities, witness signatures, and ensure legal compliance of the deed
- BPN Officials: National Land Agency staff who register and maintain official records of property deeds
- Banks and Financial Institutions: Review deeds for mortgage applications and property-based loans
- Legal Representatives: Often assist parties in reviewing terms and ensuring proper deed execution
How do you write a Property Deed?
- Property Details: Gather complete address, land certificate number, boundaries, and exact measurements of the property
- Identity Documents: Collect valid IDs, tax numbers, and marriage certificates (if applicable) from all parties
- Historical Documents: Obtain previous ownership records and existing certificates from the National Land Agency
- Payment Information: Document agreed price, payment terms, and proof of transaction
- Local Permits: Check zoning regulations and gather necessary local government approvals
- PPAT Appointment: Schedule a licensed Land Deed Official to prepare and authenticate the deed
- Draft Review: Use our platform to generate a legally-sound deed template, ensuring all mandatory elements are included
What should be included in a Property Deed?
- Party Information: Full legal names, addresses, and ID numbers of buyer and seller
- Property Description: Detailed specifications including certificate number, boundaries, and total area
- Rights Transfer: Clear statement of ownership transfer and associated rights
- Transaction Details: Purchase price, payment terms, and completion date
- Legal Status: Declaration that the property is free from disputes or encumbrances
- Governing Law: Reference to Indonesian property law and local regulations
- Authentication: PPAT's official signature and stamp, plus witness details
- Registration Details: Information for National Land Agency (BPN) registration
What's the difference between a Property Deed and a Property Management Agreement?
A Property Deed and a Property Management Agreement serve distinct purposes in Indonesian real estate law, though they're often confused. While both relate to property, they handle fundamentally different aspects of property ownership and operation.
- Legal Purpose: Property Deeds transfer ownership rights, while Property Management Agreements outline how a property will be managed by a third party
- Duration: Deeds permanently transfer property rights, whereas Management Agreements typically last for a fixed term
- Required Parties: Deeds must involve a PPAT and be registered with BPN; Management Agreements only need the owner and managing agent
- Legal Authority: Deeds convey actual ownership rights; Management Agreements only grant operational control without transferring ownership
- Registration Requirements: Property Deeds must be officially registered; Management Agreements don't require government registration
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