Articles – Mahida And Maina Advocates

DUE DILIGENCE: 5 Things Causing New Land Owners Sleepless Nights

May 8, 2023

It is a Kenyan dream to own a family home. Some prefer to have it close to the city, or at least close to where they work. Others simply want a home away from the busy city life where they can spend the golden days with peace and serenity. Whether you are in the first or second group, we can all agree that the process of building a home is not easy. It is very costly, time-consuming, and stressful…especially if it is your first time. But even before you start building, identifying a piece of land you wish to build on (if you don’t have one already) and paying for it is another strenuous task. This is why it hurts deeply when after all that effort, you find yourself in the above situation when it rains. We would like to tell you that this is the only problem you could face as a new landowner. But it’s not. There are other legal problems that are just as painful. By the time you are done reading this, you will know the FIVE things causing new landowners sleepless nights and how to avoid them. In our legal profession, we have seen many bad things happen to good, innocent, and hardworking Kenyans who only wanted to acquire a good piece of land to build a home or rental property. This is why we will always insist you do thorough due diligence to avoid losing your money to a fraudulent deal. The case of flooding land is sometimes tricky to assess because it can happen out of natural and unforeseen causes. In most cases, however, the seller fails to disclose this information so they can make the sale. In the due diligence process, there is a clause that requires the land seller to disclose any defect on the piece of land before the final transactions. This is why you should be well-versed in the due diligence process. If you did not get an opportunity to engage with our previous article on due diligence, click here and get informed. As I mentioned earlier, flooding land is NOT the only problem that can make you regret your investment decision as a new landowner. We have five more legal issues that you be cautious of when buying land or any other property. By getting acquainted with this, you will be better than 80% of Kenyan land buyers who are most likely to fall victim to the same. The five legal issues you need to watch out for… INTERESTS This is the most obvious thing to check, but also what many people miss. Some properties contain fines, accumulated land rates, and other arrears that were not settled, which you inherit as the new land owner. In some cases, it may be more than what was paid for when purchasing the property. PROHIBITIONS This is one of the least known laws by the general public regarding land. It’s not always the case that when you buy land, you can do anything you want with it. Some places are designated for commercial purposes, others for agriculture, and most for residential […]

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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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