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11 FACTORS TO CONSIDER WHEN LOOKING FOR LAND FOR SALE IN KENYA

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Factors to consider before buying land for sale in Kenya

When looking for land for sale in Kenya Africa, there are essential things to consider for the buyer’s safety.

The Buyer Should Consider The Following Before Purchasing Land;

1. Land for Sale in Kenya Ownership and Title Deed

Conducting a title deed search at the land registry is crucial in land-buying. It confirms the registered owner and ensures the land is free from encumbrances such as loan charges or other form restrictions, caveats imposed or registered against the title deed. This is a due diligence step and is essential for peace of mind and making an informed decision.

Title nature: the search will also help establish the correct measurement of the land and the title type, whether freehold or leasehold.

2. The Geography of the Land for Sale in Kenya

The buyer has to consider the location of the land in terms of accessibility, the climate of the place, and the soil texture, which determines the land’s value and whether it matches the buyer’s desires.

Confirming the geographical location is critical since areas are zoned for residential, commercial, agricultural or industrial use.

It is also crucial to consider the building regulations from the local government or restrictions on construction or land use.

The physical location also helps in future development plans. Options are available, such as new access roads and industrial development airports.

3. Cost of Buying Land for Sale in Kenya

The cost of the land depends on its location, land size, and intended use. Also, the buyer might compare the prices of the same piece of land before making the final purchase.

4. Purpose of Buying Land in Kenya

Before buying the land, the buyer has to consider the intended use of the land since different land uses require different zoning requirements and permits, which should comply with the zoning laws.

5. Soil Quality and Topography

If you seeking land for sale in Kenya, for instance, for agricultural purposes, the quality of the soil is necessary to ensure suitability with the intended choice of crops

The terrain analysis is also essential to assess whether the area is prone to erosions or floods.

6. Boundary Verification and Survey

Before settling on the land, a surveyor must confirm the boundaries and size to ensure no disputes with the neighboring landowners.

Ensure that clear beacons on the land correspond with the adjacent properties.

7. Land Rates and Rent of the Land For Sale in Kenya

Land that the government owns is subject to terms and conditions that require the lessor to pay land rates to continue enjoying proprietary rights

Ensure that all clearances are made on the land before acquiring it.

8. Availability of Water and Electricity When Buying Land for Sale in Kenya

Accessibility of these essential utilities to the land for sale in Kenya is critical as it informs the budget and cost to access such services

9. Cultural and Communal Factors

In Kenya, communities have strong cultural ties to the land, and gaining their trust and understanding is essential to fostering good relations. Some have historical unresolved issues which may interfere with the possession of the land.

10. Legal Documentation

Ensure you have a good lawyer to draft an agreement with clear terms.

After the agreement, ensure there are proper transfers of ownership through the land registry.

11. Tax Implication

Land transfer requires the parties to pay stamp duty charges based on the value of the land.

Following the above steps, ensure thorough due diligence is done to avoid pitfalls while purchasing land in Kenya.

Here is why you must consult a Lawyer before buying land in Kenya

1. Verify Land Ownership


In Kenya, land ownership issues are common due to overlapping claims, fake title deeds, and historical disputes over land. When you hire a lawyer, they take the responsibility of investigating the chain of ownership.

This involves searching the official land registry records to confirm that the seller is indeed the legal owner. Without this check, you could end up in a situation where someone else, such as a distant relative or a previous owner, comes forward to claim the land after you’ve made the purchase.

A lawyer ensures the title deed is genuine, and that there are no unresolved claims or disputes tied to the property.

2. Conduct Due Diligence


Beyond just verifying ownership, there are other factors to consider before buying land in Kenya. For example, the land might be subject to an ongoing court case, or the seller may have taken out a loan using the land as collateral, which could result in the bank seizing the property.

Additionally, there might be unpaid land rates (taxes) or existing caveats that restrict the land’s sale or use. A lawyer conducts thorough investigations with the relevant authorities to uncover any potential red flags, saving you from inheriting any legal or financial baggage associated with the land.

3. Draft and Review Contracts


The Sale Agreement is a legally binding document that outlines the terms and conditions of the land purchase. If you’re not well-versed in legal language, it’s easy to overlook critical details.

A lawyer not only drafts or reviews the contract, but also ensures that the agreement covers essential elements such as payment schedules, penalties for breach, obligations of the parties, and the timeline for the transfer of ownership.

They also ensure that no sneaky clauses or ambiguities exist that could work against you later. Without a lawyer, you might sign a contract that favors the seller or leaves you with little recourse in case of a dispute.

4. Compliance with Legal Requirements


Purchasing land for sale in Kenya involves several legal requirements that must be followed. For instance, if the land is agricultural, you’ll need consent from the Land Control Board, which ensures that the transaction aligns with local regulations.

Additionally, there may be environmental considerations, such as whether the land is in a protected zone, or whether it meets the zoning regulations for its intended use (residential, commercial, etc.).

A lawyer helps you navigate these legal obligations, ensuring the sale is fully compliant with Kenyan law. Failing to meet these requirements could result in penalties or, worse, the nullification of the sale.

5. Smooth Transfer Process


Transferring land ownership in Kenya requires interacting with several government offices, including the Ministry of Lands, the Lands Registry, and the County Government offices.

This process can be time-consuming and riddled with bureaucratic hurdles, such as missing documents, delays in processing, or clerical errors.

A Reputable lawyer ensures that the transfer process goes smoothly by preparing all the necessary documentation, liaising with government officials, and following up on the application status.

They also ensure that your name is properly registered in the Lands Registry as the new owner, which is crucial for securing your ownership rights. Without a lawyer’s guidance, you may face frustrating delays or mistakes that could derail the entire process.

Written By:

James Chepchieng

Advocate of the high court of kenya

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