What you should know before you buy land

Land issues and disputes are nearly in every court of law in the country. This is a testament to the importance of land and the manner in which people acquire it. Recently, media platforms and channels reported issues related to Portland Cement land parcel that people illegally acquired and constructed. This happened because the victims to the matter did not learn about what you should know before you buy land in Kenya.

Well, you have identified a land property on sale, and you gain some interest in it. It’s a price that is unbeatable. It has all the features you are looking for, social amenities, good road network, power connection, a nearby well-stocked supermarket, among others. You summon your financial resources to pocket the deal right on time to see your name featured in the papers of land. But wait, after some time, perhaps you’ve built it, you are told that you are not the owner of the land. This is a message that every landowner would not want to hear in lifetime. To avoid this, read here to learn what you should know before you buy land.

Do thorough due diligence

Due diligence is another word for investigation. As a land buyer, you would not want to get into the troubles reported in media or find yourself in disputes. So, the only way out of this is to get assurance through sufficient due diligence. Due diligence happens in many ways.

Check the title deed from the ministry of lands. To check this, it depends on the location of the land. You can search for land tittles in some counties and for others you must check them physically from their offices. You may be asking yourself, why do I search for a tittle deed, yet I know the seller well. Here are the reasons:

• You will know the true owner of the land.
• If the seller is a company, then you will know the directors
• Search enables you get knowledge if there is an encumbrance (such as a bank charge, a caution, a caveat, a restriction).
• In the event a mistake arises from the official search, you get compensation
• It’s the search that will give you the exact size of the land as captured in the land records.
• You will know the history of the land, whether it belongs ultimately to the National Government or the County Government or a governmental authority such as the Export Processing Zones (in case of Leases), the number of years remaining on the Lease, or it belongs to the seller (in case of Freehold land).
• You will know the rent payable to the National Government, if there is any.

If you’re buying from land dealer, get to know the lawyer of the seller. Check the standing of the law firm in Law Society of Kenya (LSK)

You should also know:

Proposed use of the land(zoning)- In Kenya, every land parcel is categorized as either, residential, agricultural, commercial, industrial, recreational, riparian land, forest land, national parks and reserves, wildlife corridor, gazette historical sites, flight paths etc. You may see the land staying idle, but it may have such restrictions that make people not use it.

Valuation-When buying the land, ensure you get valuation from professional values to avoid buying at exaggerated prices. Overpricing is common especially when you buy from individuals who may have bought the land earlier for purposes of speculation.

You should meet and know the seller in person– Although there is increase in virtual meetings and online transactions, take caution and always strive to meet with the seller in person.

Ask the neighbors about the seller and history of the land- Although you may do search from ministry’s records, it is also important to ask neighbors about history. The history of seller is important as well. Doing this helps you avoid situations where you buy land and someone else also buys it.

Make a physical visit- I don’t want to assume that this is a common knowledge. Its important to see it physically. Where possible you can measure the land size to get the true size.

Check authenticity of documents- When you get to the point of documentation, ensure that you get genuine documents.

What you should avoid!

There are also many other small things you should know before you buy land that you may not be told and its important I inform you.

1. Buying land belonging to a deceased person before succession formalities have been completed.
2. You should not buy land that’s near rivers, lakes, forests, roads, schools and other public bodies before you are sure about the boundaries.
3. Do not develop the land before obtaining the necessary approvals from the County Government, NLC and relevant statutory authorities.
4. Never purchase land that has leasehold and has few years remaining before the lease expires.
5. Do not pay booking or commitment fee, no matter how it has demand.
6. Do not pay any amount even a deposit without signing a Sale Agreement. However, some companies may require you make certain deposit before agreement. This may apply especially where you pay rent in instalments. Agreements for sale of land are required by law to be in writing to be enforceable.
7. Never pay deposits that exceed 10% of the purchase price of the land. Only pay 100% after the seller transfers the land into your name.

How to Conduct an Online Land Search in Kenya:

1. Log in to the e-citizen portal and sign up.
2. Click on the Ministry of Land, Housing & Urban Development link and select the land search option.
3. Enter the title number and fill out the online land search form for Kenya, then submit it.
4. Confirm the details and proceed to pay using the available payment methods, which can include a debit card, credit card, M-Pesa, or bank transfers.
5. Once you the payment, proceed to print the results. If you choose not to, the information remains available on the portal whenever you log in.

In a nutshell, there are many things you should know before you buy land in Kenya. They are all important and do not escape any of them regardless of familiarity of the seller. These steps helps you acquire the land and use it peacefully.

As always, maxbriefs.com intends to educate and inform you in important issues.