Land is a very valuable asset and buying land in Kenya is a major investment. In fact, it’s the only solid asset that appreciates over time. This is the reason why land transactions are fraught with fraud. It’s no secret that many Kenyans have been conned while trying to buy land.
As a buyer, you need to know the pitfalls and common mistakes to avoid when buying land in Kenya. The land buying process normally looks easy while in reality it requires extensive research and using the help of the right professionals. The last thing you want is to get embroiled in endless court battles, or worse, losing your hard-earned money to a swindler.
The following are 5 legals mistakes you should avoid when buying land in Kenya:
Mistake #1: Failing to Involve an Experienced Lawyer
The biggest mistake you can make when buying land is to think you won’t need a lawyer. Most buyers understand the need for a surveyor and a valuer, but think involving a lawyer is an unnecessary cost.
Whether you’re buying land from a family member, a friend, or a real estate company, you need to involve a lawyer throughout the process.
Why do you need a lawyer when buying land in Kenya? Here’s why:
- Reviewing and advising on legal documents, including the land sales agreement, land titles, and mortgage documents if you’re getting financing
- Facilitating smooth transactions and ensuring legality when closing the deal
- Resolving any disputes that arise, providing you with legal representation and ensuring you get a fair outcome
- Conducting thorough due diligence, including ensuring that there are no caveats on the land
Mistake #2: Failing to Do a Site Visit Before Paying
Just because you’ve been told it’s prime land and in high demand doesn’t mean you should hurry and send money before doing a site visit. Out of excitement, many people go ahead and pay for land they have not set their eyes on. It is therefore very important to ensure that you visit the land that you intend to buy to ensure that it exists, it’s what you were looking for and it is what the seller purports it to be.
Mistake #3: Not Asking for a Copy of the Title Deed from the Seller
Failing to ask for a copy of the original title deed from the seller when buying land is a mistake. The title deed will show you the real owner of the property you’re buying, the acreage of the land, and whether there are any encumbrances on the land.
Mistake #4: Ignoring an Official Search at the Lands Registry
Conducting an official search when buying land in Kenya is a very crucial step. But many people skip this step to save a few coins. Unfortunately, “if you want to know the true standing of a piece of land, buy the village drunkard a few drinks” isn’t legal advice and won’t stand in a court of law.
You can easily do a land search online through the Ardhi Sasa portal. All you need is a copy of the title deed (this is why Step #3 is very important).
Mistake #5: Signing an Agreement with Agents and Brokers Instead of the Land Owner
If you have a busy life, it’s okay to use a broker or an agent to scout around for land for sale. They are also the best people to find a property that suits your needs. But never make the mistake of signing a sales agreement with a broker, the actual landowner won’t be under any obligation to transfer the land to you.
Similarly, never pay the agreed fees to a broker. It’s usually advisable to send the money to an escrow account or use your lawyer to make the payments so you don’t lose your money. The agent or broker’s commissions should be reflected in the sales agreement you’re signing with the landowner.
Bonus Advice: If you’re buying land that’s deemed to be matrimonial property, you should ensure that you get spousal consent from the seller’s partner from the very beginning. Without the consent from the spouse there will be no transfer of the land from the seller to you.
Buy Land in Kenya in a Safe and Hassle-Free Way
Buying land in Kenya may look simple, but in that simplicity also lies its complexity. There’s more to it than just buying and selling. If you are a first time buyer, you may not know how to go about it. Even people who are buying their second or third properties sometimes know what to do but fail to know how to do it.
At Green Heart of Kenya, we hold your hand throughout the process and ensure you have a hassle-free experience buying land in Kenya. We keep you and your lawyers informed at every stage and avail all the documents you need to do your due diligence.