DUE DILIGENCE ON LAND IN KENYA

DUE DILIGENCE ON LAND IN KENYA

Purchasing land can be an exciting investment opportunity, but it's crucial to ensure that the property you're considering is legitimate and free of complications. If you’re in the diaspora and looking at land in Kenya, due diligence becomes even more important.

 Here are some effective ways to conduct due diligence to safeguard your investment:

• Engage Trusted Real Estate Agents and Lawyers It is essential to work with reputable and experienced real estate agents and lawyers who specialize in property transactions in Kenya. These professionals will help you confirm the legitimacy of both the land and the seller.They can assist in verifying the ownership of the property, checking for any legal encumbrances, and guiding you through the entire process, ensuring everything is in order before making a purchase.This will minimize the risk of falling victim to fraud or purchasing a property with legal issues.

• Verify Ownership and Title Deed Authenticity Ensure the property has a legitimate title deed by visiting the Ministry of Lands and Physical Planning in Kenya. An official search will confirm the true owner of the land and whether there are any existing claims or disputes. You can request your Kenyan lawyer to conduct this search on your behalf or guide you through the online verification process available through the Kenyan e-Citizen portal.

• Cross-Check with Local Authorities Contact local authorities, such as the County Government where the land is located, to verify any zoning regulations or restrictions. This will also reveal any future government projects that may affect the land. Such background checks ensure that you won't face unexpected issues related to land use or development restrictions after your purchase.

• Perform a Physical Inspection If possible, visit the land or hire a local professional to conduct a physical inspection. A personal visit helps verify details about the property, such as boundaries, access roads, and any ongoing activities on the land. If traveling isn't feasible, you can request video inspections or engage local surveyors to provide a detailed report.

• Check for Encumbrances and Liens Have your lawyer check for any encumbrances like loans, mortgages, or other legal claims attached to the property. This step ensures you’re not inheriting financial obligations tied to the land. You can access this information through a comprehensive search at the Ministry of Lands