Buying & selling property in Kenya

Best Property Lawyers to Help You Buy or Sell Property in Kenya.

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Buying and selling property in Kenya is one of the most hot conversations in the country. Despite owning property in Kenya being an achievement for many Kenyans, there have been many cases of Kenyans being conned when buying property in Kenya.

Based on some statistics:

8 out of 10 Kenyans are likely to be defrauded when buying property in Kenya.
Out of every Kshs 100 spent on buying property in Kenya, at least Kshs 70 is likely to be lost to land fraud.
Over 75% of Kenyans are at risk of being conned when purchasing property in Kenya.

These are worrying statistics, and for every number, there is a real Kenyan who has lost their hard-earned money, some perhaps have unknowingly become accomplices in land fraud cases, leaving them devastated and some facing jail time.

Kenyans buy property in Kenya for various reasons. Some do so due to social influence, as they see others around them investing in buying land and real estate. Others may have come across advertisements on social media or have savings they wish to invest for passive income.

For some, acquiring property in Kenya is a means of diversifying their investment portfolio after having already invested in other avenues and other assets. Additionally, some Kenyans have witnessed their parents and relatives purchasing property in Kenya, subconsciously influencing their land-buying goals.

Some opt to buy property in Kenya now to avoid the escalating land costs in the future. Others view buying a piece of property in Kenya as part of their retirement plan, envisioning a peaceful life in their later years with their loved ones in their residential property. Some Kenyans buy property in Kenya to build a home, a house for themselves their loved ones, or even to erect residential apartments to collect rent.

In Kenya, the land law grants every Kenyan the right to buy and own property in Kenya. However, there is a legal procedure that must be followed in order to safely and securely acquire property in Kenya.

At Musyimi Damaris & Company Advocates, we are the best property lawyers in Kenya and have assisted our clients in buying and selling property in Kenya using both legal procedures and innovative methods to ensure a secure property transaction and prevent any potential scams.

Why Hire Our Best Property Lawyers in Kenya to Buy or Sell Your Property in Kenya?
What Are the Most Common Causes of Kenyans Being Conned When Purchasing or Selling Property in Kenya?
What Are the Benefits of Hiring the Best Property Lawyer in Kenya Both as a Buyer and as a Seller of a Property?
What Types of Land, Real Estate, or Property Can One Buy in Kenya?
What Documents Are Needed When Buying or Selling Property in Kenya?
What Is the Legal Process for Buying Land in Kenya?
All Possible Fees A Property Buyer May Incur in the Process of Selling Property in Kenya.
What Are Some Steps One Can Take To Protect Their Property From Being Grabbed After Purchasing It in Kenya?
Frequently Asked Questions About Buying & Selling Property in Kenya.

Call Us

You can always reach us directly by telephone. Call 0792838425, and the best property lawyer for home purchase in Kenya will pick, listen, and address your issue. Calls made outside office hours will be returned the following working day. Calls made during the weekend will be returned at the beginning of the following week.

Send a Message via Our Contact Form

If you’d prefer to write to us, you can submit a confidential form on our dedicated contact page or any page on our website. After receiving your message, one of our best lawyers for property purchase will reach out to discuss your issue further.

Visit Our Office

You can attend your affordable property sale or buy review in person, you can visit our office in Chuka town, Kiangondu Road, Messaco Corporate Building, room 25. We are open on weekdays during office hours from 8:00AM to 5:00PM.

Check out Some of Our Client Reviews

I had previously worked with several lawyers who rarely showed up in court & really dragged my land case in court to near defeat until I started working with Damaris. She’s since been doing agreements for my business among other legal issues and she’s the best.

Derrick Thuri

Former Client

I had never been involved in a court case before but Damaris proved to be both resourceful & helpful. She listened to the whole story of my case and understood it properly before guiding me. In court, she was no stranger to my case. Moreover, she would even call me back to answer any of my questions.

Lilian Irene

Former Client

Why Hire Our Best Property Lawyers in Kenya to Buy or Sell Your Property in Kenya?

When buying property in Kenya, it’s crucial to choose your best residential property lawyer wisely. It’s recommended you get the best property lawyer in Kenya with a proven track record of successful property transactions, someone you trust to provide sound and genuine legal advice, and who is open to answering your questions. They should conduct thorough due diligence on the property, its owner, and the representing property advocate for your best interests throughout the entire transaction to ensure you get the best deal possible.

Our best property lawyer in Kenya understands the increased cases of land scams and the challenges of finding a reliable and affordable property lawyer in Kenya to assist with your property transaction in Kenya.

That’s why we do things a little differently at Musyimi Damaris & Company Advocates when helping our clients in buying and selling property in Kenya or in real estate development projects through our affordable property lawyer services. We have noticed that we can not only ensure compliance while protecting our clients from scams when purchasing property in Kenya but also make the land transaction smooth by following these steps.

We offer a personal approach.

The culture of adopting a personal approach at our law firm primarily originates from our founder, Advocate Damaris Musyimi. Early in her legal career, which began with her first role as an advocate, she viewed law as a means to achieve a good life and success. However, her perspective changed when she witnessed the widespread issue of Kenyans being scammed when buying property, particularly in prime areas like Nairobi and its suburbs.

Many Kenyans struggle due to a lack of understanding of the legalities surrounding property ownership in different regions of the country, as well as the implications of each legal step they take.

Conversely, Damaris recognized the positive impact her legal services had on her clients. She transformed their experiences from confusion, doubt, stress, and overwhelm into confidence, fulfillment, happiness, and peace of mind.

This is how we understand that different Kenyans and companies are motivated by different reasons to buy or sell property in Kenya. To take care of your specific interests, you will interact with your dedicated property lawyer throughout your property transaction. They will be your point of contact and will always be there to answer any questions you may have and update you on the progress of your property transaction. Moreover, they will take you through every clause of the land sale agreement, explaining what your risks and opportunities are in each.

Thorough due diligence on the seller, real estate agent, property lawyer, and the piece of land.

At Musyimi Damaris & Company Advocate, we take thorough precautions to ensure that our clients deal with legitimate property owners and sellers when buying property in Kenya. This applies whether our client needs the best property lawyer for land sale in Kenya or a property lawyer for home purchase in Kenya.

We are intentionally thorough during this phase because we have confirmed over time that this distinction is the difference between being conned and truly owning property in Kenya.

For the property seller, our best property lawyers in Kenya will do the following on your behalf:

Determine whether you are buying property from a Kenyan citizen or a foreign national.
Ensure that the property seller possesses all necessary identity documents required for selling property in Kenya.
Verify that the property seller is recognized as a citizen by the Registrar of Persons.
Confirm that the property seller is not involved in any legal disputes related to the property they wish to sell.
Establish that the property seller is acknowledged as the legitimate owner by the relevant Lands Registry.

For the property, our best property lawyers in Kenya will verify the following on your behalf.

Ensure that the title deed is recognized by the Lands Registry.
Confirm that there are no cautions or restrictions preventing the sale of the property. This will ensure you do not violate any laws by buying that property.
Verify that the plot number on the title deed matches the record in the Lands Registry.
Check that there are no pending court cases involving the property.
Ensure there are no encumbrances, such as mortgages, on the land. Buying such a property in Kenya may require additional payment to obtain the title deed.
Compare the property measurements on the title deed with the actual dimensions of the property. This may require a physical visit to the site.
Check for any unaccounted transactions on the property’s green card, which contains a complete history of all transactions related to the property.
Confirm that the property is not part of a large-scale settlement scheme, as such properties may be subject to legal disputes and complications with final registration. It is generally advisable to avoid purchasing these.
Verify that there are no unpaid rates or taxes associated with the property.
Ensure that the size of the property matches what is indicated on the title deed.
Confirm that the property is not involved in an ongoing estate distribution of a deceased person’s assets. Purchasing such a property may be illegal and could expose you to unnecessary lawsuits.

The thorough due diligence on the land is based on our experience, which shows that most land frauds are related to the property itself. We take this phase seriously to ensure our clients are protected when buying property in Kenya.

If a property lawyer is representing the seller, our best property lawyers in Kenya will do the following on your behalf.

Ensure that the property lawyer is licensed by The Law Society of Kenya to practice law in Kenya. This protects you from fraudulent property lawyers who may be involved in large land fraud schemes, and it also ensures accountability.
Check if the lawyer has experience with similar transactions. This helps you avoid property lawyers with a questionable track record in property dealings.

If you’re buying property through a real estate agent, our best property lawyers in Kenya will check the following on your behalf.

The real estate agent must have a valid practicing number.
The real estate agent should be licensed by the Real Estate Association of Kenya.
The real estate agent should have a solid track record.

By adhering to these guidelines, we not only protect our clients from land fraud but also ensure that property transactions are smooth and hassle-free.

Follow-up at the Lands Registry.

To ensure thorough due diligence, our top property lawyers in Kenya will contact the relevant Lands Registry to request a certificate of search and green cards for the property our client intends to purchase. These legal documents are essential for preventing potential fraud. The follow-up with the specific Lands Registry is critical, as it can significantly affect how long it takes to process the new title deed.

We have found that having a structured follow-up plan based on the Lands Registry is one of the key strategies for expediting the title deed processing when buying property in Kenya. Our best property lawyers in Kenya will manage this process on your behalf and keep you informed every step of the way.

We’ve helped multiple Kenyans buy and sell property in Kenya

We have a proven track record of helping clients navigate the complexities of buying and selling property in Kenya. Our services encompass a wide range of options, including undeveloped land, residential properties, and off-plan apartments. With our in-depth expertise, we guide you through every step of the process, ensuring a smooth transaction whether you’re looking to invest in a new construction property or acquire an established building.

Furthermore, some legal organizations that our founder has worked with before, including The Office of the Director of Public Prosecutions, continue to consult her on land & prperty-related matters because they value her legal opinion. We are pleased, eager, and ready to bring the same legal expertise to you as you buy or sell property in Kenya.

No hidden legal fees

Once our best property lawyer in Kenya assesses your specific needs for buying or selling a property, we will provide a comprehensive overview of the anticipated financial and time commitments involved in the process. This detailed assessment will cover several key aspects, including the breakdown of legal fees associated with the transaction, the necessary site visits to evaluate the property, the preparation and drafting of the land sale agreement, and the extensive due diligence required to thoroughly investigate the property’s legal status, ownership history, and compliance with local regulations. Our goal is to ensure that you are fully informed and prepared every step of the way.

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What Are the Most Common Causes of Kenyans Being Conned When Buying Property in Kenya?

The statistics indicate that 8 out of 10 Kenyans fall victim to scams when buying property in Kenya, with some of them unknowingly becoming involved in land fraud. Here are some of the most common reasons why Kenyans are deceived when buying or selling property in Kenya.

Not engaging a qualified and best property lawyer in Kenya from the beginning of the property transaction.

Some Kenyans choose not to hire a trusted property lawyer when buying property in Kenya because they know and trust the person selling them the property, have a good relationship with the real estate agent, or simply see having an experienced property lawyer in Kenya as an unnecessary expense.

While these reasons may be valid, having a trusted and qualified property lawyer in Kenya can help uncover any potential issues during due diligence, as explained above, that could cause problems later on. With the increasing cases of property purchase fraud, having the best property lawyer in Kenya is more of an insurance than an expense. In the end, the cost of the best property lawyer in Kenya is likely to be much less than what one could lose if the property purchase doesn’t go as planned.

Falling for the high-pressure negotiation tactics used by real estate agents.

Some Kenyans, especially first-time property buyers, often fall victim to the high-pressure negotiation tactics employed by real estate agents, leading them to make hasty and overpriced property purchases. It’s important to recognize that most real estate agents are motivated by their financial interests, aiming to secure the highest possible purchase price for a property as quickly as possible to earn their commission. Therefore, their priorities may not always align with yours.

With their experience in the industry, they may imply that a property is in high demand, pressuring you to act swiftly to secure it, or suggest that multiple interested buyers are waiting in line, indicating that your offer may be favored if you act promptly. These could be significant warning signs, especially if you haven’t had the opportunity to visit the property, meet the owner, verify the owner’s identity, or conduct a search at the Lands Registry under Ministry of Lands, among other necessary steps.

It’s crucial to be aware of these tactics and address them early on. Engaging the best property lawyer in Kenya can help eliminate the pressure, as they will act as your representative in the transaction. Every offer presented by the real estate agent or seller will then be reviewed by your best property lawyer in Kenya before reaching you.

Being in a rush to purchase or sell property.

For many Kenyans, buying property is a significant milestone that often requires years of diligent saving and careful planning. After months, or even years of hard work, the dream of holding the title deed to their very own piece of property becomes a tantalizing reality. However, the path to property ownership can be met with challenges, especially for first-time buyers.

In some cases, prospective homeowners find themselves needing to top up their savings with a loan from a bank or a Savings and Credit Cooperative Organization (SACCO) to make their dreams a reality. The urgency and excitement of finalizing a land purchase can cloud their judgment, making it difficult to recognize potential red flags in the property transaction process.

Unfortunately, this eagerness can lead to costly mistakes, as some property buyers in Kenya have fallen victim to land scams, losing their hard-earned money in the process. To navigate these risks successfully, many property buyers in Kenya have discovered the invaluable benefit of having an experienced, impartial legal advisor by their side. This is where the expertise of the best property lawyers in Kenya, Musyimi Damaris and Company Advocates proves essential. Our law office offers meticulous due diligence. ensuring that every detail is scrutinized and protecting our clients from potential pitfalls when buying property in Kenya. With our guidance, you as a property buyer can approach your investment with confidence and peace of mind.

What Are the Benefits of Hiring the Best Property Lawyer When Buying or Selling Property in Kenya?

The table below highlights some of the major advantages to both the buyer and the seller of the property.

Benefits to the land buyer	Benefits to the land seller
Do thorough due diligence on the property seller and the property to ensure you are dealing with legitimate owners to avoid being scammed when buying property in Kenya.	Help you have all the necessary land documents in order and the required standard.
Advise you on what step to take if the property you’re interested in has too many red flags upon doing due diligence to protect you.	Conduct due diligence on you and the property to ensure no red flags delay or stop the property deal when a potential buyer shows up.
Help you have all the needed legal documents ready and in the correct standard for the property transaction to be smooth and seamless.	Be your representative in the property transaction so you can go on with your life and still make money from the property sale.
Advise you to engage a qualified surveyor at the right time in the transaction to verify the property boundaries are the same as on the deed plan to protect you from future legal problems on the property.	Advise you to engage a qualified government valuer to ensure you don’t underprice your property and get less from the deal.
Advise you to engage a trusted government land valuer to avoid being overcharged on the property and pay more than you should.	Draft a property sale agreement that caters to your interests and is favorable to you.
Be your face in the property transaction so that every offer and proposal goes through your property lawyer first before reaching you. This will ensure you’re not bombarded with unnecessary information throughout the transaction.	Witness the signing of the sales agreement to make it legally binding to protect you during the transaction and in the future.
Read the sale agreement first before taking you through every clause while letting you know what your risks and opportunities are and how to exploit them.	Negotiate terms that favor and protect you in the property transaction so you can get the best deal possible.
Negotiate favorable terms for you in the property transaction so that you get the best deal possible.	Help you follow up to ensure the buyer honors the agreement as stipulated in the property sale agreement.
Help you ensure that the transfer of property to your name is properly captured in the Lands Registry and that all the necessary transfer forms & documents are processed in due time.	Oversee a smooth & fast transfer of ownership at the Lands Registry so you can go on with your life.

Therefore, having the best property lawyer in Kenya on your side when buying or selling property in Kenya is more of an insurance than an expense.

What Types of Property Can One Buy in Kenya?

When purchasing or selling property in Kenya, there’s a wide range of properties you could be selling or buying. They include:

A vacant piece of land without any structures.
A property with an existing building or apartment.
An off-plan apartment- an apartment that a property buyer buys before it’s completed, based on building plans and visuals such as 3D renders.

One advantage of buying a vacant piece of land is that you can often get lower prices compared to buying a finished apartment. For an off-plan apartment, your best property lawyer in Kenya works with the developer to ensure all approvals and licenses are in place before you buy it, in addition to conducting due diligence.

For a vacant property or a property with a building, your reliable property lawyer in Kenya will help verify that the boundaries, demarcations, and dimensions match those indicated on the deed plan. Your qualified property lawyer in Kenya will recommend engaging a surveyor to confirm this and will also ask the surveyor clarification questions on your behalf to ensure everything is in order. This is all in tune with the due diligence process as explained above.

In general, your property lawyer will handle each situation differently depending on the type of property involved.

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What Is the Legal Process for Buying Property in Kenya?

As per Kenyan land law, every Kenyan has the right, either individually or in association with others, to acquire and own property of any description and in any part of Kenya. There is also a well-defined process for buying or selling property in Kenya. This applies whether one intends to seek the best property lawyer services for land sale, house purchase, or a residential property in Kenya. It involves specific steps that we take pride in guiding our clients through at Musyimi Damaris Property Law Firm.

(i) Identify the property you want to buy and accompany the seller or real estate agent to the property.

It’s essential to ensure that the piece of land is legally suitable for your intended use. This categorization is known as zoning and the property you want to buy could be in one of the following categories:

Residential.
Commercial.
Agricultural.
Industrial.
Recreational.
Riparian (situated near a water body).
Forest, park, and wildlife reserves.
Flight path.
Historical site.

Failing to follow this procedure could result in significant time and money expenses if you later choose to change the land’s use. When on-site, inquire with the real estate agent or seller about the price and the land’s history. It’s important not to commit to anything at this point.

(ii) Engage a qualified and trusted property lawyer.

Inform your reliable property lawyer that you are interested in the property, including its location, price, and any information you gathered during your initial visit. Your reliable property lawyer will then take over the most important part of the land-buying process and keep you updated along the way.

(iii) Your property lawyer will undertake due diligence on the seller and the property.

At this point, your experienced property lawyer is responsible for confirming the true ownership of the piece of land. This is done using various methods.

At Musyimi Damaris Law Firm, we take a meticulous and intentional approach to property transactions. We believe that addressing every critical question before moving forward is essential to safeguarding our clients. Given the prevalence of land scams and con artists in Kenya, this thorough process is our commitment to ensuring a secure property buying experience for our clients.

Our diligence process is comprehensive and involves several key steps. We start by verifying information with The Office of the Registrar of Persons, which allows us to confirm the identity and background of the individuals involved in the transaction. This foundational verification is crucial to ensuring that the seller has the legal right to sell the property.

Additionally, we investigate other pertinent details regarding the property itself to protect our clients from potential pitfalls and disputes in the future. By prioritizing due diligence, we not only mitigate risks but also reassure our clients that their property investments are safe and well-informed.

(iv) Getting the Land Map or Registry Index Map for the property.

At this stage, we recommend our clients enlist the services of a surveyor and provide suggestions for qualified and trusted professional surveyors. Your property lawyer will obtain two land maps. The first map should display the measurements and mutations of the property, while the second map should show the layout of adjacent plots.

The registry index map illustrates all neighboring lands and the specific coordinates of your piece of land/property. The land map can be acquired from the Land Registry or a surveyor for a fee, and it is crucial for obtaining accurate measurements of the piece of land. This step is essential as it provides the real measurements of the property.

(v) Confirm if there are any unpaid land rates or rent on the property.

This process is carried out at the county offices where the property is situated. While there is a fee involved, it is crucial to prevent additional expenses for you, the buyer, after acquiring the land. It’s important to agree with the seller on who will cover the land rates and potential rent that may arise in the future. Your reliable property lawyer should be able to guide you on this matter.

(vi) Visit the property for verification.

The buyer, the surveyor, and the seller or original owner of the property should visit the location of the land and verify the following:

Ensure that the land is not on a public road.
Confirm the boundaries of the adjacent plots.
Verify that the land is not on riparian land.

It’s also advisable to set up beacons on the site to prevent future disputes.

(vii) Doing the property valuation

Your trusted property lawyer in Kenya will assist you in applying for a land valuation. The seller must consent to a government valuer accessing the property solely for valuation purposes. This process aims to ensure that both parties are aware of the true value of the property, preventing both overpricing and underpricing.

(viii) Ask the seller for an affidavit.

If an individual is selling you the property, the affidavit should come from them, their spouse, or an immediate family member (such as their adult children), stating that they consent to the property being sold, and they should sign the affidavit. If it’s a company selling you the property, the affidavit should come from the Board of Directors acknowledging the sale of the property. At Musyimi Damaris & Company Advocates, we take care of this property-buying step on behalf of our clients.

(ix) Property Lawyer to do a sale agreement and witness both parties sign it.

Your property lawyer will draft a legally binding sale agreement that outlines the terms of the property transaction and aims to protect both parties in case either party fails to fulfill their obligations. It includes details such as the property price, the property deposit, transaction terms, payment method, and the transacting parties.

Your experienced property lawyer will also witness both parties sign the sales agreement.

(x) Pay the deposit on the property according to the agreement with the seller.

At this stage, you, the property buyer, can pay the deposit on the property as outlined in the sale agreement. This is the ideal time to make the payment because you and your property lawyer are satisfied with the findings from the due diligence and are confident that the transaction is secure.

We generally advise our clients to avoid falling for tactics used by some property sellers who request a deposit upfront as a sign of commitment. As a property buyer, you have no means to track that money if any red flags arise later during due diligence.

We recommend paying the deposit only after you have a signed and witnessed sale agreement. With this legally binding document, you will have a legal basis to pursue any issues that may arise if the agreement is breached.

(xi) Acquire clearance from the Land Control Board.

Your property lawyer will help you in getting an appointment with the Land Control Board through the related Lands Registrar. This step is designed to ensure that there are no irregularities in the property transaction thus far.

Once you make the appointment, they will provide you with a date to visit the board along with the seller.

The Land Control Board’s role is to approve the deal to proceed, typically in the form of a consent form.

(xii) Submit the following documents to the Lands Registry & wait for land transfer & your new property titles to be processed.

Your reliable property lawyer in Kenya will help you obtain the documents that comply with the requirements of the specific Lands Registry. These documents include:

Consent form from the LCB.
Spousal consent and affidavit.
Old title deed.
High-quality passport photos.
Certified Copy of your National Identity Card.
Your KRA PIN Certificate.

Based on our experience at Musyimi Damaris & Company Advocates, the Lands Registry in urban areas receives a higher volume of requests, which often results in longer processing times for applications. Additionally, some registries may be understaffed, making it challenging to manage the large number of title deed applications. As a result, we cannot guarantee specific timelines for when your new title deed will be ready.

However, we have observed that having a follow-up plan at the Lands Registry is crucial for seasoned property buyers to expedite the processing of their title deeds. One effective strategy is to regularly call a familiar Land Registry Officer to remind them to speed up your application. We are pleased to leverage the connections we have established in various land registries to assist our property-buying clients in getting their new titles processed more efficiently

(xiii) Pay Stamp Duty.

The property stamp duty is calculated based on the property’s value and the specific charges in the county the property is located in.

At Musyimi Damaris & Company Advocates, we have identified 2 key tips that can help any Kenyan benefit from stamp duty while also protecting themselves during property transactions in Kenya. These tips are the same tips utilized by successful and experienced property buyers in the country:

Transfer the Property Legitimately Through Land Registration as Advised By Your Property Lawyer: We firmly endorse this strategy due to its substantial financial benefits, especially regarding the savings on stamp duty. Stamp duty can represent a significant expense when purchasing property, and by registering the property at its current market value, you can effectively mitigate this cost.

Property values generally exhibit an upward trend over time, which means that if you wait to register the property until its value appreciates, you could be subject to higher tax rates that apply to the increased valuation. By acting now and securing the property at its present market value, you position yourself to avoid these future financial burdens.

This proactive approach not only preserves your current financial resources but also allows for more efficient budget management in the long run. By minimizing potential tax obligations as the property gains value, you create a more stable and predictable financial landscape, enabling you to allocate funds toward other important investments or savings goals. Overall, this strategy is a wise and forward-thinking decision that can lead to considerable financial advantages over time.

Take Advantage of Stamp Duty Exemptions: When navigating property transactions, conducting comprehensive research is crucial to identify any legal exemptions that may pertain to your circumstances. These exemptions can vary significantly depending on factors such as the type of property, its intended use, and your status as a buyer or seller, and they have the potential to greatly reduce or eliminate stamp duty costs. This can lead to significant financial savings, allowing you to allocate funds to other important aspects of your property investment.

To maximize your advantages, it’s essential to compile all relevant documentation that may support your eligibility for these exemptions. This can include proof of your income, identification, and details regarding the property itself, such as its purchase price and use.

Moreover, consulting with the best property lawyer is highly recommended. They can provide tailored advice based on your unique situation, helping you navigate the complexities of property law and ensuring that you fully understand the potential exemptions available to you. By being well-informed and strategically leveraging these legal benefits, you can make more financially astute decisions that align with your long-term property goals and minimize unnecessary expenditures.

What Documents Are Involved in Buying or Selling Property in Kenya?

Our best property lawyer in Kenya will use their extensive experience to help you obtain the necessary documents and ensure they meet the required standards, streamlining the land transaction process.

As the Property Seller	As the Property Buyer
A copy of your National Identity Card.	A copy of your National Identity Card.
A copy of your KRA PIN.	A copy of your KRA PIN.
A copy of the original title deed.	High quality passport photos.
High-quality passport photos.
Signed Affidavits (if need be)

When representing our clients in property transactions, we carefully review and authenticate the following documents when necessary:

Document	It’s purpose	Picture Sample of Land Document or associated document
Title deed	A document that displays the owner’s details, plot number, title number, approximate property size, and the Land Registrar who issued it.
Green card	A document stored at the Land Registry that contains a record of all legal transactions for a specific parcel of land. A fee of 2,500 is payable after the Registrar is satisfied with the reasons for application. It takes 3-5 days to be issued.
Certificate of lease	A lease document contains details about the property owner, the Land Registrar who issued it, and any encumbrances that may impose restrictions or cautions prohibiting the sale of the property. Additionally, it includes lease details such as the start and end dates of the lease.
Certificate of title	A document with the title, lease, and deed plan indicating the property’s fixed boundaries, owner, term, and annual rent. It is issued for freehold land.
Sublease	A document is needed that shows the date the sublease was signed, the parties involved, and the property lawyer who drafted the lease. The document should also include the signatures and photos of the sublessor, sublessee, and property lawyers involved. Additionally, it should specify if there are any fees associated with the sublease, the amount, and the payment history.

Based on our experience at Musyimi Damaris & Company Advocates when assisting numerous clients in buying and selling property in Kenya, we recommend the following 2 simple but effective tips that both property sellers and buyers in Kenya can use to secure their documents when in the process of buying property in Kenya.

Use Secure Storage: Ensure that you store your physical copies of legal documents in a secure and protected environment. Ideal options include a lockable filing cabinet or a safe deposit box, both of which provide an extra layer of security. Select a location that is not only fire-resistant to safeguard against unforeseen disasters but also restricts access to only those individuals you trust completely. This will help ensure that your important documents remain confidential and well-protected.

Make Digital Copies: It’s essential to create digital copies of all your important legal documents and securely store them. Start by scanning each document to ensure a high-quality digital version. Once digitized, save these files on a password-protected device, such as an external hard drive or a private computer. Additionally, consider using reputable cloud storage services that offer encryption for added security. This way, you not only have easy access to your documents but also protective backups in case the physical copies are lost, stolen, or damaged. Taking these steps will help safeguard your vital information and provide peace of mind.

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All Possible Fees That Are Involved in the Process of Buying or Selling Land in Kenya.

Based on our experience at Musyimi Damaris & Company Advocates and the law in Kenya, the following are the fees that occur most in land transactions.

The stamp duty of the property is payable at the Lands Registry and falls under the Registration Costs phase.

What Steps Should Property Owners in Kenya Take To Protect Their Property from Being Grabbed After Purchasing It?

Property owners in Kenya can take the following steps to prevent their property from being grabbed or encroached upon by squatters.

Get the Best Legal Help with Buying or Selling Your Property from Our Property Lawyer

Having the best property lawyer in Kenya in your corner gives you an advantage when buying or selling land in Kenya.

Identifying and noticing red flags in a property transaction can be an uphill battle especially for first-time property buyers in Kenya, and you have to know what to look out for, as fraudsters will be looking to exploit any ignorance on the property buyer or seller.

Our best property lawyers in Kenya are experienced in helping ordinary Kenyans safely and smoothly acquire property in different parts of the country to the point of having all the necessary land documents. We also advise our client on whether we think they’re getting a fair deal in a transaction and if there are opportunities they can exploit, we let them know.

We will use our property transactions legal practice to represent you in the transaction and only involve you when you have to be involved. We’ll never encourage you to purchase a property if we’re not sure about the legitimacy of both the property and the seller. To claim your property purchase or sale review, get in touch with our best property lawyer in Kenya at Musyimi Damaris & Company Advocates by calling 0792838524 or filling our confidential contact form.

Contact the Best Property Lawyer in Kenya For Legal Advice Today

For an affordable property purchase or sale evaluation, call us today at 0792838425 or send us a confidential message through our contact page.

We’ll do our best to make sure you understand everything that will be needed from you and what to expect from the whole property transaction.

Frequently Asked Questions About Buying or Selling Land and Property in Kenya.

How long does it take for the land titles to be ready after buying the property?

Once approved, receiving the title deed typically takes 2-4 weeks. There are other steps involved which your best property lawyer in Kenya will advise you based on the type of property you are acquiring.

What else is included in the sale agreement apart from the land price?

Other things included in the sale agreement are the details of the buyer, the seller, the real estate agent, both conveyancing lawyers who witness the signing, details of the property in question, different clauses covering what happens in the event of any eventuality, and the terms of payment, among others.

What happens if one can’t complete the payment as agreed on the land sales agreement?

Our qualified real estate lawyer will advise you to have your finances to ensure a smooth transaction. After signing the sale agreement, there’s exclusivity for that period where you, as the seller, can’t sell or market the property. Failure to complete payment by the buyer could lead to lawsuits for specific performance and damages.

What is the difference between owning land under a leasehold and owning property under the freehold land tenure system?

The Kenyan land law provides for two forms of land ownership: freehold tenure and leasehold tenure.

Freehold tenure grants individuals and entities the right to absolute ownership of the piece of land without any time limitations or lease renewals required. Once you receive the title deed, the land is yours forever without any conditions or restrictions on how you use or own the piece of land.

On the other hand, leasehold tenure means that entities or individuals own a piece of land for a defined term or time, as specified in the lease agreement.

What should one do when they discover discrepancies in the land documents after the purchase is complete?

It depends on the nature of the discrepancy. By this time, the property is in your name.

You could have a surveyor put the beacons in place for a discrepancy between the title and the ground.

It could also be a discrepancy that was covered in the agreement. In this case, you go to the seller and highlight the issue and the contract (dispute resolution clause).

There are other issues where you go and seek redress from the seller.

How to protect yourself from buying a property with an unclear or disputed title deed?

Engage your trusted conveyancing lawyer from the onset of the transaction for them to undertake due diligence and unearth all these issues before you commit too much to the land transaction and guide you accordingly.

These issues could be encumbrances, unpaid land rates and rents, any restrictions registered against the title, or any other overriding interests registered on the title.

For vacant pieces of land and ones with apartments, your experienced real estate lawyer will help in undertaking surveys to cross-check boundaries and demarcations that could unearth these discrepancies early enough.

Ensure that your qualified property lawyer follows up until the registration is done in your name.

What’s the role of the real estate agent during the transaction?

Real estate agents bring the buyer and the seller together and can help the buyer negotiate better commercial terms on the deal. When a real estate agent is involved in a property transaction, we do due diligence to confirm their identity, qualifications, and reputation.

Contact Us for Your Affordable Property Transaction Consultation

Lilian Irene

Former Client

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