Purchasing land in Kenya is a major investment, but without proper legal due diligence, it can quickly turn into a nightmare. Cases of fraud, double allocation, and disputes over ownership are common, making it crucial to verify every detail before making a payment. To safeguard your investment, here are seven critical legal checks to conduct before purchasing land in Kenya.

1. Confirm the Seller’s Ownership (Title Deed Search)
Before engaging in any transaction, visit the Ministry of Lands and Physical Planning or use the ArdhiSasa online platform to conduct a title deed search. This process helps you:
✔ Confirm the registered owner of the land.
✔ Ensure there are no outstanding disputes or restrictions.
✔ Verify whether the title is freehold or leasehold (leaseholds require renewal after a set period).

2. Check for Encumbrances (Loans, Court Cases, or Disputes)
A piece of land may be used as collateral for a loan, under a court dispute, or have a government restriction that prevents sale. You can check for encumbrances through:
✔ A search at the Lands Registry to confirm if the land has any caveats (legal restrictions).
✔ A check with local authorities to see if the land is under any compulsory acquisition for public projects.
✔ Consulting a lawyer to review any ongoing litigation related to the property.

3. Verify Land Zoning and Land Use Regulations
Not all land can be used for residential, commercial, or agricultural purposes. Before buying:
✔ Visit the County Government Physical Planning Department to check zoning regulations.
✔ Ensure that the land is designated for the intended use.
✔ Confirm whether the area is marked for future road expansion or public utilities.

4. Conduct a Ground Verification and Boundary Check
Many buyers fall into the trap of purchasing non-existent land or land that has overlapping ownership claims. To avoid this:
✔ Visit the land with the seller, surveyor, and local authorities to verify its existence and boundaries.
✔ Cross-check the land map (mutation form or Registry Index Map - RIM) at the Survey of Kenya.
✔ Speak to neighbors and local community leaders to confirm the seller's legitimacy.

5. Obtain Land Control Board (LCB) Consent (For Agricultural Land)
If you are buying agricultural land, the transaction must be approved by the Land Control Board (LCB) in the respective sub-county. The LCB ensures:
✔ The seller is genuinely transferring ownership.
✔ The sale is not fraudulent or against land-use laws.
✔ Foreigners (non-Kenyans) comply with land ownership laws (foreigners can only lease land for up to 99 years).

6. Verify the Seller’s Identity and Legal Capacity to Sell
Land fraudsters often use fake IDs or impersonate real owners to sell land illegally. To protect yourself:
✔ Confirm the seller’s National ID and ensure it matches the records in the Lands Registry.
✔ If dealing with company-owned land, verify company ownership documents at the Registrar of Companies.
✔ Ensure that all legal representatives (such as family members in succession cases) have the authority to sell the land.

7. Draft and Sign a Legally Binding Sale Agreement
Once the legal checks are clear, DO NOT make any payments without a proper sale agreement. A lawyer should draft and witness the contract, ensuring it includes:
✔ Details of the buyer and seller.
✔ Agreed purchase price and payment terms.
✔ Land details (title number, location, and size).
✔ Conditions for transaction completion (e.g., transfer of title).

Buying land in Kenya requires careful legal checks to avoid fraud, disputes, and financial losses. Always work with a qualified lawyer, conduct thorough due diligence, and ensure all legal processes are followed before making any payments.

Would you like help navigating a land purchase in Kenya? Let us know in the comments!