Kenya: Imagine yourself armed with a title deed after working to acquire a prime piece of land only to find a perimeter wall built around it and a security guard who treats you like a trespasser. You lodge complaints, attend court hearings and make ceaseless visits to the lands office but don’t go far. However, prevention is always better than cure. Before embarking on a sale, it is important to do due diligence. Do not resort to quick fixes or shortcuts. Short-circuiting procedures can only go the wrong way. After identifying the piece of land that meets your needs in terms of size, location and budget, you should get a copy of the title deed to do a search at the lands registry.
It takes 24 hours to get search results after filling a search application form attached to the title deed and paying a fee of Sh500. Search results show details of the land, including the registered owner, acreage, as well as any encumbrances registered against the title deed such as court orders and caveats. You should also have a sale agreement. Appoint a lawyer to represent you in the signing of the agreement, which is normally drawn by the sellers’ lawyer. It indicates terms of sale, name of the buyer and seller, the price of land, mode of payment, and documents to facilitate registration of the transfer of land to buyer.