In our previous article on “Official Search not enough due diligence when buying land in Kenya” we indicated that as a purchaser of land, in addition to conducting an official search at land registry you need to go beyond and establish the legality of the title documents before purchasing land in Kenya. Below are some of the issues you need to check to ensure that your transaction if safe:

  1. Visit the land and identify its location;
  2. Confirm that the beacons are in place;
  3. Buy map to confirm that the location is correct and demarcation in order;
  4. Inquire from neighbors, search from land registry and court registry is there is any ongoing court dispute over the land in question;
  5. Authenticate ownership documents and ensure they are all available and in possession of the seller;
  6. Confirm that original title is available;
  7. Confirm that land rates and rent have been paid if leasehold land;
  8. Undertake an official search to authenticate the legal owner and check whether there are any encumbrances over the title;
  9. If land is owned by a company do undertake and obtain a company search CR12 from BRS;
  10. Undertake a search on the previous transactions over the said land and confirm no issue is outstanding;
  11. Seek lawyers’ advice and assistance before you embark on the transaction; and
  12. Finally ensure the seller has capacity to sale and you enter into a written sale agreement.

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