Property check to keep demolition at bay

Despite the financial hardships often associated with the month of January, it is the time that many embark on real estate investment.

Registered agents in real estate concur that prospective investors start calling in from mid January to inquire on available property.

Conveyancers (property lawyers) also get briefs from clients to transact either land or homes bought in their names. Mortgage firms also host guests whose top New Year resolution is to graduate from being seasoned tenants to homeowners.

However, prospective investors should beware of the changes in property market especially concerning illegally acquired properties. It would now be prudent to perform an official check with the Ministry of Roads to confirm whether the intended property sits on a road reserve before purchase.

Traditionally, the practice was to pay a paltry Sh100 to conduct an official search at the Ministry of Lands to verify validity of property. Ironically, records at the Ministry of Lands may show that the property is legitimate but documents at the Ministry of Roads show it sits on a road reserve!

It could be for the same reason that property owners whose investments were recently demolished around the country argued that they got a green light from Ardhi House.

Public property

Furthermore, Lands Minister James Orengo is still bent on cracking the whip on fraudulently acquired land with the Kenya Anticorruption Commission in hot pursuit. It only takes Orengo to publish a Gazette Notice with a list of names of investors whose property must be repossessed by the State.

To refresh memories, the minister vowed not to be intimidated by powerful individuals linked to grabbing of public property. And more investors would have nightmares should the Government decides to officially release and act on the controversial Ndung’u Land Report.

However, there should be no cause to worry for those dealing with registered property as the Constitution guarantees protection over private property. Therefore, as the desire to invest in real estate is about to shift to top gear, dealing in registered property is the way to go.

And with the implementation of the new supreme law in top gear, it could be the surest way to streamline the multi-billion shilling real estate sub sector.

For instance, the Constitution provides for the establishment of the National Land Commission (NLC). Among the functions of the commission are to manage public land on behalf of the national and county governments.

Others are to recommend a national land policy to the national government and advise on a comprehensive programme for registration of title deeds countrywide.

It would also initiate investigations either on its own initiative or on a complaint into present or historical land injustices and recommend appropriate redress.

The writer is an advocate of the High Court of Kenya.