What to Check Before Buying Land in Kenya

Buying land in Kenya is a major financial decision. Whether you are buying a residential plot in Ruiru, agricultural land in Kiambu, or land for commercial development in Nairobi, it is important to do your checks before making a payment.

A piece of land may look perfect during a site visit, but there can be issues that are not visible from the ground. The person selling it may not be the registered owner, the parcel may have a charge or caution, the boundaries may not match what you were shown, or the land may not be suitable for the development you have in mind.

Before committing your money, here are some important things to check.

1. Confirm the Registered Owner

Start by confirming who legally owns the land.

Do not rely only on the seller's word or a copy of a title deed. The ownership information should be checked against the official land records.

In Kenya, an official land search can help confirm the registered ownership of a parcel and reveal interests registered against the property. The State Department for Lands lists issuance of search certificates among its land-registration services.

If the name on the official records does not match the person selling the land, do not proceed until the difference has been properly explained and verified.

2. Conduct an Official Land Search

An official land search is one of the most important checks to make before buying land in Kenya.

The search can help you establish the registered owner and identify matters affecting the property, such as charges, cautions and restrictions.

This is important because having a title document does not mean that the property has no other registered interests. Kenya's land-registration regulations provide for official searches and records of subsisting entries and encumbrances.

Depending on the area and service availability, land services are also being digitised through Ardhisasa, the government's land-information platform.

3. Check the Title and Parcel Details

Make sure the details of the property you are being shown correspond with the official records.

Check details such as:

·         Title or parcel number

·         Registered owner

·         Size of the parcel

·         Tenure

·         Location

·         Any entries or encumbrances registered against it

·         Any structures or people occupying the land

Do not assume that a photocopy or photograph of a title document is enough. The information should be verified through the appropriate land records.

4. Check for Charges, Cautions and Restrictions

A landowner may have used the property as security for a loan, or another legal interest may have been registered against it.

For example, a property can have a charge, caution or restriction recorded against it.

This is one reason the official search is so important. The State Department for Lands provides services relating to cautions, charges and discharges as part of its land-registration functions.

If an issue appears on the search, understand what it means and how it will be resolved before paying for the property.

5. Verify the Land Boundaries

The land you are buying should be the same land recorded in the official survey information.

This is particularly important when buying plots that have been subdivided from a larger parcel.

A survey search can provide information about official survey records, maps, boundary dimensions, beacons and survey numbers. The State Department for Lands specifically identifies survey searches as a service for verifying property boundaries and supporting land transactions.

Where necessary, involve a qualified surveyor to help establish the actual boundaries on the ground.

6. Confirm the Size of the Land

If someone tells you that a plot is 50 by 100 feet, half an acre or one acre, do not simply take their word for it.

Confirm the size using the relevant official records and, where necessary, a survey.

This becomes particularly important when buying subdivided plots. Kenya's land administration system provides for the processing of mutations when land is subdivided or amalgamated.

You should know exactly which parcel you are buying and whether the subdivision has been properly handled.

7. Visit the Land Before Buying

Never make a land-buying decision based only on photographs, videos or a location pin.

Visit the actual property.

During the visit, look at:

·         The boundaries and beacons

·         Roads and access

·         Nearby homes and developments

·         Drainage

·         Electricity and water availability

·         The general condition of the area

·         Any structures or people occupying the land

For example, a plot advertised as being "near the main road" may be much farther away than expected once you visit it.

A physical visit also gives you an opportunity to speak to people around the area and understand the location better.

8. Check Access to the Property

A property can have a valid title and still present practical problems if access is difficult.

Check how you will get to the land and whether the access road is suitable for your intended use.

Think about:

·         The condition of the road

·         Whether the road is accessible throughout the year

·         Whether there is a proper access route

·         Whether the development you are planning will require better access

If the property is in an area that is still developing, also consider how the surrounding roads and infrastructure may affect the property in the future.

9. Confirm the Permitted Land Use

Before buying land, know what you are allowed to do with it.

For example, you may want to buy land for:

·         Building a family home

·         Constructing rental apartments

·         Starting a business

·         Farming

·         Developing commercial premises

The intended use needs to be compatible with the applicable planning and land-use requirements.

The State Department for Lands lists approval for change or extension of user among its land-administration services.

So, if you are buying land for a purpose that differs from its current permitted use, find out whether you will need a change-of-user approval before proceeding.

10. Find Out Whether Land Control Board Consent Is Required

This is particularly important when dealing with certain transactions involving agricultural land in Kenya.

The State Department for Lands states that Land Control Board consent is a mandatory requirement for certain transactions involving agricultural land, including sales, transfers, leases and subdivisions.

If the land you are buying falls within this category, establish the consent requirements before completing the transaction.

Do not assume that every land transaction follows exactly the same process.

11. Check Land Rent and Land Rates

Before completing a purchase, find out whether there are outstanding land-related payments or clearances affecting the property.

This is especially important for leasehold property, where land rent may apply.

Ask for the relevant information and make sure any outstanding obligations are properly addressed as part of the transaction.

The State Department for Lands includes land-rent determination and related land administration services among its official functions.

12. Check Whether Anyone Is Occupying or Claiming the Land

When you visit the property, pay attention to whether anyone is already using or occupying the land.

You may find:

·         A tenant

·         A caretaker

·         A farmer

·         A neighbouring person using part of the land

·         Existing structures

·         A person claiming an interest in the property

Do not ignore these signs.

If someone claims that they own, occupy or have rights over part of the property, investigate the situation before proceeding.

13. Be Careful With Subdivided Land

Plots created through subdivision require additional attention.

If someone is selling you a small plot that was previously part of a larger parcel, confirm that the subdivision has been properly processed and that the parcel you are buying is properly identifiable in the relevant records.

The State Department for Lands provides services for subdivision and amalgamation approvals as well as mutation processing.

This is one area where getting advice from a qualified surveyor can be particularly useful.

14. Understand the Sale Agreement

Before paying for the property, make sure you understand the terms of the sale agreement.

The agreement should clearly set out important matters such as:

·         The parties involved

·         The property being sold

·         The purchase price

·         Payment terms

·         Completion arrangements

·         Responsibilities of the buyer and seller

·         What happens if either party fails to complete the transaction

Because land transactions involve significant legal and financial interests, it is advisable to have the agreement reviewed by a qualified Kenyan advocate.

15. Understand the Transfer Process

Buying land does not simply end when you hand money to the seller.

The ownership change needs to be formally registered.

The State Department for Lands identifies land transfer as the process through which a change in ownership is officially registered. Its current requirements include documents such as an executed transfer, the original title, applicable consent where required, valuation information, stamp-duty evidence and identification documents.

This means you should understand the completion and transfer process before agreeing to the transaction.

16. Be Careful With Very Cheap Land

A low price can be attractive, but it should also make you ask questions.

If a property in an area is generally selling at much higher prices and someone offers you similar land at an unusually low price, find out why.

Possible explanations may be legitimate, but you should investigate before assuming you have found a bargain.

Do not allow a low price or pressure from a seller to make you skip due diligence.

17. Use the Right Professionals

You do not have to handle every part of a land purchase alone.

Depending on the transaction, professionals who may be involved include:

·         A qualified advocate

·         A licensed surveyor

·         A registered valuer, where valuation is required

·         Relevant land or planning professionals

Kenya's State Department for Lands has separate functions covering land registration, surveying, valuation and physical planning, reflecting the different areas that may be involved in a property transaction.

Getting professional help can cost money, but it can also help you identify problems before they become much more expensive.

A Simple Checklist Before Buying Land in Kenya

Before you make a major payment, ask yourself:

Ownership

·         Have I confirmed who the registered owner is?

·         Does the seller's information match the official records?

Land search

·         Have I conducted an official search?

·         Are there any charges, cautions or restrictions?

Survey

·         Have I confirmed the boundaries?

·         Does the actual parcel match the official records?

·         Is the size correct?

Land use

·         Can I use the land for my intended purpose?

·         Do I need any planning or change-of-user approval?

Access

·         Can I easily access the property?

·         Have I physically visited the land?

Agricultural land

·         Does the transaction require Land Control Board consent?

Financial and legal matters

·         Are there outstanding land-related obligations?

·         Have I understood the sale agreement?

·         Have I planned for the transfer and associated costs?

Professional checks

·         Has a qualified advocate reviewed the transaction?

·         Do I need a surveyor or another professional?

If several of these questions still have no clear answer, it is better to pause the purchase and investigate further.

Buying Land in Kenya Requires More Than a Title Deed

A title deed is important, but it should not be the only thing you look at when buying land in Kenya.

Before committing your money, confirm the registered owner, conduct an official land search, verify the boundaries and size, check the permitted use of the land, investigate access and existing occupation, and establish whether there are any consents or approvals required.

Most importantly, do your due diligence before making a major payment.

Taking time to verify a property may seem like extra work at the beginning, but it can help you avoid serious problems later.