Buying land in Kenya can be a great investment, but it’s important to be cautious and avoid common mistakes that could lead to financial loss or legal complications. Here are some of the most common mistakes to avoid:
Not Conducting Proper Due Diligence:
Before buying land, it’s essential to verify ownership and confirm that the seller is the legitimate owner. This involves checking the land title, ensuring there are no encumbrances (like loans or court cases) attached to the land, and verifying the property details with the land registry.
Failing to Verify the Land Title:
Always verify the land title at the relevant land registry office to ensure the title is genuine and that it hasn’t been forged. Cross-check the title number, the owner’s name, and ensure there are no discrepancies.
Ignoring Land Location and Accessibility:
Location is key when purchasing land. Consider the land’s proximity to amenities, roads, utilities, and its future development potential. Buying land in an isolated or difficult-to-reach area might cause problems down the line if infrastructure does not develop.
Not Confirming Zoning Regulations:
It’s crucial to confirm the zoning regulations for the land, especially if you plan to build. For example, some areas may be designated for agricultural use, while others may be for residential, commercial, or industrial purposes. Building something outside the designated zoning could lead to legal issues.
Overlooking Land Encroachments:
Ensure that the boundaries of the land are well-defined and do not overlap with neighboring properties. Encroachments, like fences or structures on the property line, can result in disputes later on. A surveyor can help confirm the property’s boundaries.
Not Involving a Lawyer:
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It’s always advisable to have a qualified lawyer who specializes in property transactions review the sale agreement. They can help spot any potential legal issues and ensure the contract is sound, protecting you from future disputes.
Paying Without a Signed Agreement:
Never pay for land without a legally binding sale agreement. A handshake or verbal agreement is not enough. Ensure that the terms of the sale, including payment terms, transfer of ownership, and timelines, are documented and signed by both parties.
Skipping the Land Search at the Lands Office:
Before finalizing the purchase, always conduct a search at the land registry office to confirm that the seller is the rightful owner of the land and that there are no pending disputes or claims against the property.
Rushing the Process:
Land transactions can take time. Rushing through the process, especially in a market where fraud is common, can lead to making hasty decisions. Take your time to ensure you are getting a fair deal, and don’t be pressured into making a decision before all your questions are answered.
Not Factoring in Land Use Costs and Taxes:
Owning land in Kenya may come with additional costs such as land rates, taxes, and maintenance fees. Make sure you understand the full financial implications of owning the land, and factor in these costs when considering your investment.
Neglecting the Verification of a “Family Land”:
Land that is owned by families or communities might have disputes or shared ownership. Before purchasing, make sure that the land is free of familial disputes or claims from other members. Confirm that the transaction is legitimate and supported by all relevant stakeholders.
Purchasing Land Without a Surveyor’s Input:
If you’re unsure about the land’s exact dimensions or boundaries, hire a qualified surveyor to conduct a professional survey. This ensures there are no discrepancies or boundary issues that could arise in the future.
Not Understanding Land Payment Procedures:
Understand the payment terms clearly. Avoid making large upfront payments without an agreement on a structured payment plan. Always use secure payment methods and get receipts for every transaction.
By taking the time to do proper research, involving professionals where necessary, and being cautious, you can avoid these common mistakes and make a smart, secure investment in land in Kenya.
