March 2023 – Mahida And Maina Advocates

Five Things you Must Do Before Buying Land in Kenya

March 16, 2023

You have just identified your ideal piece of land. It is just a few meters away from the main road. You can see schools, a couple of well-known churches, and a shopping center with a well-stocked supermarket, which is just a 15-minute drive. The offer is crazy, and you just can’t wait to have your name on the title deed. You pull strings left, right, and center to get the full amount. You pay, and after a few weeks, you get your title deed as promised. Only later do you discover that there are 3 other people with the same documents, also claiming ownership. The seller is nowhere to be found! This is a predicament facing many people buying property in Kenya. You at least know of one person who has been defrauded. It’s all over the news. And we can assure you that the heap of files in our courts is ever-increasing. In short, you do not want to be a victim. And you will never be if you carefully read this article to the end. We have dealt with land and property cases (Conveyance) for many years. We have assisted thousands of people in buying and selling property. We have also helped with cases of fraud. Some were successful. Some were too far gone for anything to be salvaged. With this experience, we share with you some of the things we feel are important when buying property in Kenya. DUE DILIGENCE When purchasing property, it is not enough to invest your money. Investing enough time to know what you are buying is equally important. For instance, you need to know the property’s current or previous owner(s). You need to find out if the location at the registrar’s office matches what you saw on the ground. You want to know if there is a charge or easement law on the land. This is the process of Due Diligence. Due Diligence is the research you conduct, physically or virtually, that helps you know the ownership of a title to a property and whether or not that title is inhibited from various processes or procedures. For example, when a land owner uses her title deed to acquire a loan from a bank, the bank registers an instrument called a Charge. This means that whoever wields the title is responsible for the loan. This is one of the many reasons why the due diligence process should be thorough. You will avoid potential pain and losses in future. Let’s go to the fine details. Below is an in-depth analysis of what due diligence entails, explained in a simple way that is easy to digest. 1. Search This is the first and most important step in the Due diligence process. Initially, you had to make a request to the land’s office and wait in line for your request to be honored. Thanks to the digital platform (Ardhisasa), the process is easier and faster. A Search is conducted by the one desiring to Purchase the property through their Advocate. You can do it yourself physically, but we will be doing you great injustice by not […]

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