If you’re considering buying property in Kenya, you’re probably excited about owning a piece of land or a home.
It’s a big step, and we’re here to guide you on ensuring your investment is legally secure.
One thing you absolutely cannot skip is conducting a land search in Kenya.
Trust me, it’s a critical step that can save you from much trouble.
Here are 10 reasons you should never skip a land search in Kenya, along with everything you need to know about the process, costs, and requirements.
1. To Verify the True Owner of the Property in Kenya
When buying property in Kenya, you want to be sure the person selling it owns it. A land search in Kenya helps you confirm the legal owner by checking records at the Ministry of Lands and Physical Planning.
Without this step, you might deal with someone pretending to own the land. As property lawyers in Kenya, we have dealt with heartbreaking stories of losing millions because they trusted the seller without verifying ownership.
By conducting a land search in Kenya, you’ll see the name on the title deed and ensure it matches the seller’s ID. This protects you from fraudsters.
2. To Avoid Land Fraud
Land scams are common in Kenya, and fraudsters are clever. They might show you fake title deeds or sell the same property in Kenya to multiple buyers.
Conducting a land search is your first defense against these scams. The official land search in Kenya through platforms like Ardhisasa or eCitizen gives accurate details about the property’s ownership history.
This way, you can spot any red flags, like mismatched names or forged documents, before you pay a single shilling.
3. Check for Encumbrances
Encumbrances are legal issues tied to a property in Kenya, like unpaid loans, mortgages, or court cases.
If you skip a land search in Kenya, you might buy a property with hidden debts that become your problem later.
For example, if the land is used as collateral for a bank loan, the bank could seize it even after you’ve paid for it.
An official land search will reveal any encumbrances, so you know exactly what you’re getting into.
4. Confirm the Property’s Location and Size
Sometimes, the land you’re shown isn’t on the title deed. Conducting a land search in Kenya gives you details about the property’s exact location, size, and boundaries.
This ensures the property you’re buying matches what the seller is advertising in Kenya.
We have dealt with a case of a buyer who paid for a plot only to find out it was smaller than promised. A simple land search could have saved them the headache and helped them avoid issues like boundary disputes.
5. Understand the Ownership History
A land search in Kenya doesn’t just tell you who owns the property now—it shows the whole history of ownership.
This is important because it helps you know if the land has been involved in disputes or fraudulent transfers. By tracing the ownership history, you can decide whether the property in Kenya is a safe investment.
The land search process in Kenya is straightforward and gives you peace of mind.
6. Ensure Compliance with Land Laws
Kenya has strict laws about land ownership, especially for foreigners or certain types of land like agricultural or community land. A land search ensures the property complies with these laws.
For instance, foreigners can only own leasehold land for up to 99 years. By conducting a land search, you’ll know if the property in Kenya meets legal requirements, saving you from future disputes or penalties.
7. Protect Your Investment
Buying property in Kenya is a big financial commitment. You’re likely investing your hard-earned money, so you want to be sure it’s safe.
A land search protects your investment by giving you all the facts about the property.
Whether working with property companies in Kenya or buying directly from an individual, this step ensures you’re not throwing your money into a risky deal.
The land search fee is small compared to the potential losses from skipping it.
8. Avoid Legal Disputes
Legal battles over land are a nightmare, and they happen often in Kenya. Imagine buying a property in Kenya only to find out later that someone else claims to own it.
A land search can prevent this by identifying any ongoing disputes or claims on the property.
For example, in a 2019 case in Nairobi, a family lost their land because they didn’t do an official land search, and the seller had no legal right to sell. Don’t let this happen to you!
9. Plan for Future Use
A land search details zoning and restrictions, which tell you how the land can be used.
For example, is it zoned for residential, commercial, or agricultural use?
Knowing this helps you plan your investment, whether building a home or starting a business.
Property companies in Kenya often recommend a land search to ensure the land fits your goals. This step helps you avoid buying property in Kenya that doesn’t suit your plans.
10. Streamline the Buying Process
Finally, conducting a land search smooths the entire property-buying process.
You can confidently negotiate and avoid delays when you have all the details upfront, ownership, encumbrances, and zoning.
The method of a land search in Kenya is quick and easy, especially with online platforms. You’ll save time and stress by getting everything right from the start.
How to Conduct a Land Search in Kenya
Now that you know why a land search in Kenya is so important, let’s discuss how to do it.
The land search process in Kenya is simple, thanks to technology.
You can do an online land title search in Kenya through the Ardhisasa platform (for Nairobi properties) or the eCitizen portal (for other counties). Here’s a quick guide:
1. Create an Account: Visit the land search e-citizen portal (ecitizen.go.ke) or Ardhisasa (ardhisasa.lands.go.ke) and sign up with your ID or passport number.
2. Enter Title Details: Input the title deed number or parcel number of the property in Kenya.
3. Pay the Land Search Fee: The cost of a land search in Kenya is usually Ksh 500, payable via M-Pesa, debit, or credit card.
4. Get Results: Once payment is confirmed, you’ll receive a report within 24 hours (for online searches) or up to 3 days for manual searches.
For manual searches, visit the local land registry with the title deed number, your ID, and a KRA PIN.
The land search requirements are minimal, but always double-check the details you enter.
FAQs
How long does a land search take in Kenya?
An online land title search in Kenya usually takes 24 hours, while manual searches can take 2-3 days, depending on the registry’s workload.
What is the cost of a land search in Kenya?
The land search fee is typically Ksh 500, whether online or manually. Some registries may charge up to Ksh 1,000 for faster processing.
Can I do a land search on behalf of someone else?
Yes, as long as you have their consent and the necessary documents, like the title deed and ID.
What does a land search report include?
It shows the owner’s name, ownership history, land size, location, and encumbrances like loans or disputes.
Additional Tips for Buying Property in Kenya
- Hire a Lawyer: A licensed and trusted property lawyer in Kenya can help verify documents and ensure the land search is done correctly. They’ll also guide you through the transfer process.
- Check Physical Boundaries: After the land search, visit the property in Kenya to confirm its boundaries match the records. A surveyor can help with this.
- Beware of Brokers: Some brokers may push you to skip the official land search to speed things up. Don’t fall for it—always verify through Ardhisasa or eCitizen.
- Stay Updated: Land records are digitized, but not all counties are entirely online. For non-digitized areas, you may need to visit the local land registry.
Conclusion
Buying property in Kenya is exciting, but it comes with risks if you don’t do your homework. A land search in Kenya is a small step that can save you from big problems like fraud, disputes, or financial loss.
The land search costs in Kenya are affordable (just Ksh 500), and the process of a land search is quick and easy, especially with online platforms like eCitizen and Ardhisasa.
Don’t let the excitement of owning property in Kenya make you skip this crucial step. Take the time to verify ownership, check for encumbrances, and confirm the land’s details. Your future self will thank you for it.
Contact us, your trusted property lawyers in Kenya, if you’re ready to start your land search in Kenya or have more questions. I’m rooting for you to safely and securely find the perfect property in Kenya.
