Buying Land in Kenya: Five Checks to Make Before You Pay

Property is the largest purchase most people ever make, and land disputes remain among the most common matters in Kenyan courts. Most of them could have been avoided by checking a few things before any money changed hands.

1. Confirm who really owns the land

Ask for a copy of the title and then carry out an official search at the relevant land registry. The search shows the registered proprietor, the size and description of the parcel, and any recorded encumbrances. If the name on the search doesn't match the person selling to you, stop and find out why. Don't rely on a photocopy alone, however convincing it looks.

2. Look for charges, caveats and restrictions

A title can be genuine and still carry problems. A bank may hold a charge over it, someone may have lodged a caveat claiming an interest, or a court order may restrict dealing with the property. These appear on the register, which is why the search matters. Buying land that is charged to a lender can leave you responsible for someone else's debt.

3. Check that the land is what the seller says it is

Visit the site in person and compare it to the survey plan or the parcel description. Boundaries, access roads and the actual size on the ground should match the paperwork. Confirm, too, that the land is not set aside for public use, such as a road reserve or riparian land near a river, because those areas generally can't be built on.

4. Ask whether consent is needed

Transactions in agricultural land within a land control area usually need the consent of the relevant Land Control Board. Without it, the sale can be void, and money paid may become difficult to recover. Ask your advocate to confirm early whether consent applies to your parcel.

5. Understand the costs and the paperwork

Beyond the purchase price, budget for stamp duty, legal fees, registration costs and the consents above. Stamp duty is charged at different rates depending on where the land is located, so ask for the current figure rather than relying on an old one. Insist on a written sale agreement that sets out the price, the payment schedule, the completion date and what happens if either side defaults.

A final word

Be wary of sellers who rush you, ask for large cash payments before a search is done, or can't produce original documents. Genuine sellers expect buyers to do their homework.

This article is for general information and isn't legal advice. Every transaction is different. Speak to an advocate before you commit to a purchase.