Ignorance of the law is not an excuse

By Harold AyodoIncreasing cases of fraudulent sale of prime private property has kept real estate investors on toes. Some property owners are now taking precautionary measures and are instructing their lawyers to warn the public that their land and homes are not for sale. It is for similar reasons that advertisements headlined ‘Caveat Emptor’ are regular in the media. Other owners have erected notice boards written ‘This Property is Not for Sale’, in a bid to caution buyers. Bogus estate agentsCurrently, there are many court cases involving property sold without the knowledge of the registered owners. In many of the cases, fraudsters collided with officials at the Ministry of Lands to sell the property. To crack the whip, Ardhi House recently sent home 19 officials accused of abetting and conspiring on the irregular transactions. In an effort to stop irregular sales o public land, the Government recently froze all transactions on public land. However, even with such precautionary measures, continue to reap off unsuspecting property owners. Fraudsters are aware that prospective investors in real estate would grab opportunities for prime property in major towns. The development of infrastructure in many parts of the country has also churned bogus estate agents hunting for unsuspecting buyers. Some the developments that have increased demand for property in its environs include Thika Road, Kisumu Airport, Lamu Port and the proposed Konza and Tatu cities. Caveat emptor means let the buyer beware. When a caveat emptor advertisement is placed in the media, it informs the public to buy the property at their own risk. Due diligenceThose found transacting in the property risk criminal and civil action over the illegal transactions. Prospective buyers of property must, therefore, exercise due diligence before they part with their money. When a caveat emptor advertisement has been placed on a property, not even ignorance can save the buyer of such a property. To prevent falling victim to such fraudulent dealings, the surest way is to engage the services of a registered lawyer to assist in scrutinising the identified property. The lawyer can determine the registered owners, boundaries, beacons, market value and the condition of the land or building. An official search at the Ministry of Lands will establish the authenticity of the title deed or whether a caution, charge or caveat has been registered against the title. &#8239;The writer is an advocate of the High&#8239;Court of Kenya.

Ignorance of the law is not an excuse

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Ignorance of the law is not an excuse

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