The issue of land ownership in Kenya is shrouded in endless controversies characterized by fraud, protracted court battles and even clashes in some cases.
Residents of the Portland Area in Athi River, Machakos County became the latest victims of irregularities surrounding land ownership in October.
In what appeared to be yet another case of fraudulent land transfer, the residents who had called the place home for years were met with disbelief and shock after bulldozers descended on their houses.
Within one week of demolitions, the formerly covetable estate was reduced to rubble, painting a picture of losses incurred due to irregularities in land ownership.
But just how do you tell apart legitimate land deals from the illegitimate ones in a country with such a history.
Thorough background survey of land
In a nutshell, the buck stops with the land buyer.
It all starts with accepting that the responsibility of doing due diligence and conducting a background search for a piece of land is inevitable.
Before proceeding to pay for a piece of land, consider doing a search at the land registry either online or physically at the various registries across the country.
In what was described to be a landmark ruling, the Supreme Court of Kenya in April 2023 pronounced itself on what qualifies a person or entity as a genuine land buyer.
The Apex Court in the Case of Dina Management Ltd and County Government of Mombasa ruled that a genuine land buyer should ensure proper knowledge of the land’s ownership history.
In the case, the Court ruled that Dina could not claim ownership of the land even after having proven payment for the land in question.
The judges ruled that a defense presented by Dina affirming that it had paid Ksh18 million for the land was not sufficient to prove rightful ownership.
To sum it up, the court ruled that the burden of proof in land buying is shouldered by the buyer.
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“To be considered a bona fide purchaser for value, they must prove; that they acquired a valid and legal title,” the court ruled.
How to Conduct a Title Deed Search
The service of title deed scrutiny is provided in land registries established by the Ministry of Lands in various parts of the country.
To conduct the search, visit a land registry and file a search application together with copies of your ID, KRA PIN and identification documents.
The process, which could take you a full day, helps to ascertain details of the land’s history, including whether it was used as collateral in a loan or had any court cases.
Background research
In a world where real estate companies have taken over land business, cases of scams involving such companies in Kenya have been on the rise.
As such, it is important for the buyer to do background research of the company’s history, owners, and profile.
This would help to establish the company’s past projects, portfolio or degree of trustworthiness.
Map verification
After doing your diligence on the land’s history, ask for at least two maps from a registry and verify the dimensions and location of the land with the help of a surveyor.
Ground verification
Physical verification is also crucial in the process of buying land. Beyond verifying the land’s ownership history and viewing maps, visit the physical address and confirm its existence.
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This helps to gather more insights as well as confirming the presence of other amenities included in advertisements.
Additionally, physical verification will help you confirm the presence of beacons as indicated on the map.
Confirm tenure of land
Land ownership in Kenya can be either freehold or a leasehold. While a freehold title deed gives the owner absolute ownership, a leasehold is owned for a specified period.
As which, it is important to confirm the tenure land before proceeding to commitment funds.
Be keen on the sale agreement
Upon agreeing on the price of the land in question, approach a lawyer to guide in the process of signing the particulars of an agreement.
The lawyer will among others ensure compliance with guidelines governing transfer of land in Kenya.
Additionally, the presence of a lawyer as a witness would help to avoid cases where parties default on the agreement reached.
Other important considerations in the land prices include compliance with the law provisions which entail paying prescribed fees.
