Before Buying a property in Kenya (land or house), a complete due diligence is required!

Many Kenyans only rely on obtaining an official search from the ministry of land’s regional registry when doing due diligence prior to purchasing a property. That is not sufficient. More steps are required to be done to verify a title deed’s authenticity and the property’s legal standing, to protect buyers from fraud. 

A complete land due diligence in Kenya involves a comprehensive legal, physical, and financial investigation, including conducting an official search at the land registry to verify ownership and encumbrances, a physical site visit to confirm boundaries and identify any encroachments, and checking zoning, land use compliance, and the seller’s identity. This process ensures the title is clean and the land is suitable for its intended use before a purchase.

 The first step is always to do a site visit to the property either in person, or if you are not within the country, you can appoint a trusted person or your legal representative to assess its physical condition, including location, terrain, accessibility, and soil quality.

Below are the due diligence checks that you need to undertake;

1. Official Land Search: Conduct an official search at the relevant land registry to confirm the registered owner, size, and to check for any existing encumbrances like charges, liens, or caveats. A historical search can also verify the land’s acquisition history.
2. Historical land search: A historical land search is done at the lands registry to investigate a property’s ownership history from its registration to the present day. It reveals all previous owners and transactions, confirming legal ownership and checking for any encumbrances like liens, loans, or legal disputes
3. Seller verification: Verify the seller’s identity by requesting a copy of their National ID and KRA PIN. If buying from a company, request documents like the CR 12 to confirm the directors and company registration details.
4. Land use and zoning: Confirm with the county government that the land is zoned for your intended use (e.g., residential, commercial, agricultural) and is free from restrictions.
5. Land rent and rates: Ensure all land rent and rates are paid up to date to avoid inheriting debts.
6. Boundary and encroachment verification: Engage a licensed surveyor to physically verify the beacons and ensure the land’s dimensions match the survey map (mutation). Check for any physical encroachments by neighbors or unauthorized structures.
7. Environmental assessment: Inquire about potential environmental hazards like floodplains or wetlands, and check for any NEMA compliance requirements. 
8. Title deed review: Obtain and review the title deed to confirm it is genuine and valid and to check for any claims against it.
9. Leases and easements: Check for any existing leases or easements that might affect your intended use of the land. Common examples include a right of way to cross a property to reach a road or for utility companies to lay lines or pipes.
10. Utility availability: Confirm that utilities like water and electricity are either available or can be easily connected.