5 things to know when buying land in Kenya

December 20, 2021

Land is a very valuable asset because of its finiteness. There is only so much land that is available on this earth.

Humans not only live on but also perform all economic activities on land. This coupled with the fact the world population is ever increasing, land everywhere keeps on appreciating in value consequently attracting an upsurge in demand.

Because land is constantly appreciating in value, it is deemed an excellent investment by many. Hence the reason why land transactions are fraught with fraud. Therefore, as a buyer you need to know pitfalls to avoid and safeguards to take when purchasing land lest you find yourself deep in endless court battles or having lost your hard-earned money to swindlers or your million shillings investment being demolished because it is built at the wrong place such as a riparian reserve.

The following are 5 things that you need to do to avoid becoming a victim of land fraud:

Proposed use of the land

Land in Kenya is categorized as agricultural, residential, commercial, industrial, recreational, riparian reserves, forest land, national parks and reserves, wildlife corridor, gazetted historical sites, flight paths, among others. The categorization of land is referred to as zoning. You should therefore enquire from both the National and County Governments whether the land in question is available for use, registered and suitable for the purpose for which you want to buy it.

Valuation

This is important as it protects you from possible exploitation from the seller and/or brokers. Valuation will provide an estimate of the market value of the land. Engaging a reputable registered valuer will be prudent.

Meet the Seller in person

Before you pay for the land, have a physical meeting with the seller. Whereas online or remote transactions are growing popular and very convenient today, they are susceptible to fraud by fraudsters who may take advantage of you.

Physical visit

Believe what you see and not what you hear or read online. Only pay after you have confirmed that the land meets your expectations, has a clean title, and is owned by the person purporting to sell it. You can be promised an elephant and be given a rat. You should also conduct a physical inspection of the boundaries.

Investigation of the title

Conduct a search at the relevant land registry.

If you are buying land from a company, also conduct a search on the company’s directors and shareholders at the Companies’ Registry.

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