Legal Tips for Buying Land/Properties in Kenya

Legal Tips for Buying Land/Properties in Kenya

▪️Family Properties:

Ensure you deal with the Head of the family and at least two principal adult members.(The nominated Admin)

The sale is invalid if only the Head or only the principal members sell the property.

Avoid dealing with just one person claiming to represent the family without verification.

▪️Buying from a Company:

Obtain the Status Report of the company before any payment.

Confirm the property is registered in the company’s name and ensure the directors sign the documents.

Insist on the seller’s identification and, if selling on behalf of a family, request the Deed of Power of Attorney.

▪️Title Verification:

A Certificate of Occupancy (C of O) alone is not conclusive proof of title.

Verify the C of O’s authenticity and ensure the property is unencumbered.

For properties with a Deed of Assignment, ensure it is registered, stamped, and verified as unencumbered.

▪️Properties from Religious Organizations:

Ensure the property is registered in the official name of the Church or Mosque.

Deal with registered Trustees, not just any Imam or Pastor.

▪️Buying from a Couple:

Request their marriage certificate and deal with both spouses.(Or a spousal consent)

Ensure both husband and wife sign the documents in the presence of a witness.

▪️Properties under a Will:

Verify the will and ensure it is not under litigation.

Confirm the Executors have issued an Assent to the beneficiary selling the property.

Obtain a copy of the Probate issued to the Executors or Letters of Administration.

▪️Buying from a Developer:

Title documents alone are insufficient.

Ask for development or building permits and evidence of payment of ground rents and land use charges.

For comprehensive legal advice, always consult a lawyer.

3/4 Acre Thogotto Kikuyu at Ksh 21,000,000

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