Land is often the biggest purchase a family ever makes — and land fraud is still common. Most problems can be avoided with a few checks before any money changes hands. Here are the eight we run for every client.
1. Do an official search
An official search at the land registry — now largely online through Ardhisasa — shows the registered owner and any charges, cautions or restrictions on the title. Never rely on a photocopy of the title alone.
2. Confirm the seller is the owner
Match the seller’s national ID and KRA PIN to the name on the search. If someone is selling on behalf of the owner, ask for a registered power of attorney or a grant of letters of administration.
3. Visit the land with a surveyor
Walk the land with a licensed surveyor and the registry index map. Confirm the beacons, the size and that nobody else is occupying or farming it.
4. Check rates and rent are paid
Ask for a rates clearance from the county and, for leasehold land, a land rent clearance. Unpaid amounts can delay the transfer.
5. Get Land Control Board consent
For agricultural land, the transaction needs consent from the Land Control Board. Without it, the sale can be void.
6. Confirm spousal consent
If the land is matrimonial property, the seller’s spouse should consent to the sale. This protects you from a later challenge.
7. Check county approvals
If you plan to build or subdivide, check zoning and approvals with the county planning department before you commit.
8. Use a proper agreement — and a traceable payment
Have an advocate draft or review the sale agreement. Pay through a bank or the advocate’s client account, never in cash, and only release the balance against the completion documents.
This article is general information and not legal advice for your situation.