Buying Land in Kenya: A Safe Guide for Kenyans, Especially Those Abroad
Buying land in Kenya, especially from abroad, can be a daunting task. At MMTK Law, we receive numerous calls from individuals who have lost money while trying to invest in land in Kenya. These calls are often from people living abroad who wish to buy land in Kenya but lack the necessary knowledge and guidance to navigate the process successfully. In this article, we will highlight the common mistakes people make when buying land in Kenya and provide valuable insights on how to avoid these pitfalls.
Mistake 1: Sending Money to Relatives to Transact for You
One of the most significant mistakes people make is sending money to relatives to transact on their behalf. This can lead to misuse of funds, and it can be challenging to take legal action against family members. Instead, it is advisable to use professionals such as lawyers, surveyors, and valuers to ensure that your interests are protected.
Mistake 2: Failing to Do Due Diligence on the Property
Another critical mistake is failing to conduct thorough due diligence on the property and the seller. This includes legal and physical searches to ensure that the property is free from any encumbrances and that the seller has the authority to sell. It is also essential to verify the seller’s identity documents and meet them in person to establish a direct connection.
Mistake 3: Failing to Negotiate and Enter into a Customized Agreement
A customized agreement for sale is crucial in capturing the specific interests of the buyer. This agreement should include details such as the purchase price, mode of payment, completion period, and default clauses. It is vital to ensure that the agreement is comprehensive and protects the buyer’s interests.
Mistake 4: Failing to Use Professionals
Using professionals such as lawyers, surveyors, and valuers is crucial in ensuring that the land buying process is smooth and successful. These professionals can help in identifying the land, conducting searches, and ensuring that all legal requirements are met. For instance, a good lawyer will guide you through the entire process, conduct due diligence, and ensure your interests are protected. Choose a reputable lawyer registered with the Law Society of Kenya (LSK).
Mistake 5: Registering the Property in Someone Else’s Name
Registering the property in someone else’s name can lead to complications in the future. It is advisable to register the property in your own name or jointly with your spouse to ensure that the property remains under your control. Kenyan law allows you to buy land and register it directly in your name, regardless of your location. Resist the temptation to register under a relative’s name – it becomes their property, leading to potential inheritance issues later.
Mistake 6: Not Ensuring the Land is Free
Buying land that is not free from encumbrances can lead to significant problems. It is essential to ensure that the land has its own individual title and that the seller has the authority to sell. Avoid land with only a share certificate from a land buying company. Banks won’t finance such purchases, and ownership can be unclear. Additionally, it is crucial to conduct thorough due diligence on the company selling the land to ensure that it is reputable and has a good track record.
Conclusion
Buying land in Kenya, especially from abroad, requires careful planning and attention to detail. By avoiding the common mistakes outlined above, individuals can ensure that their investment is secure and successful. It is essential to use professionals, conduct thorough due diligence, and ensure that all legal requirements are met. With the right guidance and knowledge, buying land in Kenya can be a rewarding experience.
Key Takeaways
– Do not send money to relatives to transact on your behalf.
– Conduct thorough due diligence on the property and the seller.
– Use professionals such as lawyers, surveyors, and valuers.
– Ensure that the property is registered in your own name or jointly with your spouse.
– Buy land that is free from encumbrances.
– Use a comprehensive agreement for sale that captures your interests.
By following these tips and seeking professional guidance, you can turn your dream of Kenyan land ownership into a reality. Remember, due diligence is key!
Remember: The above is not specific legal advice for you. Always consult a lawyer to determine the best option for your specific situation
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