Key California Land Buying and Selling Documents You’ll Need in 2026

Buying or selling land in California can move quickly—or stall at the finish line—based on the paperwork. Deeds, surveys, title research, disclosures, escrow instructions, and tax forms all work together to prove ownership, define the parcel, allocate risk, and satisfy county recording requirements.

These documents matter even more today because ownership is shifting fast. Nearly 60,000 homes in California were transferred through inheritance in 2025, representing about 18% of all property transfers, according to Cotality. Nationally, in the 12 months through August 2025, a record 340,000 U.S. homes were transferred through inheritance, also reported by Cotality. In California, inherited homes more than doubled the number of newly built homes sold during 2025, per Cotality. That wave of inherited and “legacy” ownership often creates deed-chain gaps, outdated vesting, and unrecorded rights that must be fixed before closing.

Start with verified ownership and parcel basics

Before you negotiate price or terms, confirm what is being sold and who has the legal authority to sell it. In California, this typically starts with public records and professional verification.

• County assessor and recorder records to confirm current owner of record, vesting type (individual, trust, LLC, estate), prior transfers, and tax status.
• Parcel identifiers to ensure every document points to the same land.
• Preliminary title report to identify liens, easements, CC&Rs, and other recorded interests that affect transferability.

Ownership documentation is especially important in counties with high transaction volume and reassessment activity. Santa Clara County’s 2025–2026 assessment roll increased by 4.15%, with residential property transfers accounting for 86% of roll growth, according to the Santa Clara County Assessor’s Office. The same release reports residential property transfers increased by 3% in 2025 (Santa Clara County Assessor’s Office) and that changes in property ownership accounted for 56% of the assessment roll increase in 2025 (Santa Clara County Assessor’s Office). In practice, that means paperwork quality directly affects timelines—especially when county offices are processing high volumes.

Deeds and vesting: the document that actually transfers land

The deed is the core transfer document. It identifies the grantor and grantee, states how title vests (for example, as joint tenants, tenants in common, trustee of a trust, or an LLC), and provides the legal description of the land being conveyed. The county recorder’s office records the deed to place the buyer (or new owner) into the public chain of title.

Deed issues are common when property passes through families. With inheritance transfers rising—nearly 60,000 homes in California in 2025 alone, about 18% of all transfers, per Cotality—buyers and sellers often need corrective deeds, affidavits of death, trust certifications, probate orders, or entity authority documents before escrow can close.

Key identifiers to confirm on every deed and contract

• Assessor’s Parcel Number (APN) for tax and assessment tracking.
• Legal description (often metes and bounds or lot-and-block) that controls over informal references.
• Situs (street) address when available, recognizing that rural land may have limited addressing.

Survey and boundary documentation: prove what the buyer is getting

Land deals fail when the parties assume the acreage, corners, access routes, or fence lines match reality. A current survey from a licensed land surveyor can:

• Confirm boundary lines and total acreage
• Locate easements and encroachments
• Clarify access and road frontage
• Support financing, development planning, and dispute prevention

County maps can help with orientation, but they typically do not replace a field survey when you need legal certainty. If a listing describes “about 40 acres,” your contract should specify what happens if the survey shows a different figure.

Title reports and due diligence: uncover liens, easements, and hidden claims

A preliminary title report (and, when needed, a deeper title search) tells you whether the seller can convey marketable title and what will remain attached to the land after closing. Title work commonly identifies:

• Mortgages, deeds of trust, tax liens, abstracts of judgment
• Easements for utilities, access, drainage, and shared driveways
• CC&Rs, HOA provisions, and use restrictions
• Mineral, water, or other severed rights

This step matters not only for families and estates, but also as ownership patterns change. Corporations now own 8.9 percent of residential parcels in 500 counties across the US, according to the Lincoln Institute of Land Policy and Center for Geospatial Solutions. In transactions involving entities, you may also need operating agreements, resolutions, and signing-authority documents to satisfy escrow and title requirements.

Purchase agreement and counteroffers: put the business terms in writing

Once buyer and seller agree on price and major terms, the purchase agreement becomes the roadmap for the entire transaction. A strong California land purchase agreement typically covers:

• Parties and capacity (individual, trustee, executor, LLC, corporation)
• Purchase price and payment structure (earnest money, deposits, closing funds)
• Contingencies (title review, survey, environmental, zoning, access, financing)
• Closing date and possession (including any leaseback or early access)
• Allocated costs (escrow, title, recording, transfer taxes, commissions)

Because inherited property is a growing share of transfers—nearly 60,000 California inheritance transfers in 2025, about 18% of all transfers (Cotality)—contracts should also address who will provide estate/trust documentation, how many signatures are required, and what happens if probate or a court order is needed.

Escrow instructions and proof of funds: control the closing sequence

In California, escrow is typically the neutral process that holds funds and transfer documents until the agreement’s conditions are satisfied. Clear escrow instructions reduce last-minute disputes by stating exactly when escrow may:

• Release earnest money or apply it to the purchase price
• Record the deed
• Disburse seller proceeds and payoffs
• Pay fees and commissions
• Close any lender-related conditions and fund the loan

When transactions involve multiple heirs, entities, or high-value parcels, escrow instructions should also specify acceptable forms of identification, wiring procedures, and the documentation required to confirm signing authority.

Disclosures and tax paperwork: reduce liability and avoid compliance surprises

California requires sellers to disclose known material facts that could affect value or use. For land, disclosures often relate to access, easements, encroachments, soil and drainage issues, zoning limits, neighbor disputes, or missing utilities. Depending on the property and transaction structure, your closing package may also include:

• Federal and state tax forms (especially when entities or partial interests are transferred)
• FIRPTA-related documentation when the seller is a foreign person or entity
• Lead-based paint notices if the transaction includes residential structures built before 1978

Tax strategy also influences buyer and seller decisions in California. Property taxes can be a major motivation to hold or transfer property within a family because California caps annual property tax increases at roughly 2%, regardless of market appreciation, according to Cotality. That reality helps explain why inherited transfers are surging: inherited homes in California more than doubled the number of newly built homes sold during 2025 (Cotality).

Final settlement, recording, and title insurance: close cleanly and protect the buyer

Closing ends with the deed being recorded and funds being disbursed. After recording, title companies typically issue an owner’s title insurance policy to protect the buyer against covered title defects that were unknown at closing (for example, recording mistakes, forgery, or undiscovered claims).

In a market where ownership changes drive local assessment activity—such as Santa Clara County, where changes in property ownership accounted for 56% of the assessment roll increase in 2025 (Santa Clara County Assessor’s Office)—a clean, well-documented transfer helps prevent post-closing headaches tied to record inconsistencies, mismatched legal descriptions, or missing authority documents.

Frequently Asked Questions (FAQs)

What are the three essential documents in any California land transfer?

Most land deals rely on (1) the recorded deed, (2) a title report (and related payoff/release documentation), and (3) survey or boundary documentation when acreage, access, or lines must be verified.

Can I complete land sales paperwork without a real estate attorney?

Yes, it’s legally possible, but land transactions often involve complex title, access, zoning, and disclosure issues. An attorney can help you avoid gaps that surface late—especially in inherited or multi-owner situations that are increasingly common (nearly 60,000 inheritance transfers in California in 2025, about 18% of all transfers, per Cotality).

What contingencies should I include in a land sale contract?

Common contingencies include title review, survey, environmental review, zoning/use verification, legal access confirmation, and financing (if applicable). Your contract should also define cure periods and who pays for each due diligence item.

What disclosures must sellers provide buyers in California?

Disclosures depend on the property and improvements, but sellers generally must disclose known material facts affecting value or use. If residential structures built before 1978 are included, lead-based paint notices are typically required.

Why is title insurance important at closing?

Title insurance helps protect the buyer from covered title defects discovered after closing, including some recording errors, unknown liens, and fraud-related issues that can be difficult to detect during standard due diligence.