Buying land or a home is a significant financial decision. However, without proper legal checks, a transaction that appears straightforward can expose a purchaser to ownership disputes, fraud, hidden interests or costly delays.
At Asembo and Company Advocates, we encourage prospective buyers to approach every property transaction with care and proper legal guidance.
1. Conduct an official land search
An official search helps verify the registered proprietor and identify registered interests affecting the property, such as charges or restrictions. Buyers should also establish whether the documents presented are genuine and whether the property details correspond with the relevant land records.
A search is an important starting point, but it should not be treated as a complete substitute for further due diligence.
2. Verify the property’s boundaries and status
Where appropriate, arrange for a surveyor to confirm the property’s boundaries and be alert to encroachments, access issues and discrepancies between the physical property and the records.
Additional checks may be necessary for agricultural land, leasehold property or land subject to special consent requirements.
3. Use a properly prepared sale agreement
The sale agreement should clearly address the purchase price, deposit, payment arrangements, completion period, parties’ obligations and the consequences of default.
Avoid relying solely on informal promises or verbal assurances when committing substantial funds.
4. Complete the transfer correctly
Property transfers require the relevant documents, applicable consents and taxes, and registration in accordance with the law. A purchaser should ensure that the transfer process is completed and ownership is properly registered.
Why legal advice matters
An advocate can help identify risks, review the transaction documents, coordinate due diligence and guide the parties through completion.
Considering buying or selling property in Kenya?
Contact Asembo and Company Advocates for legal guidance on property transactions, conveyancing and related disputes.
