The minimum fee that a property lawyer is required to charge their clients is established by the Advocates Remuneration Order. This order outlines the standard rates and guidelines for legal fees, ensuring that clients are aware of the baseline costs associated with hiring legal representation for property-related matters. We recommend that clients understand these regulations, as they can vary by jurisdiction and may influence the overall expenses related to legal services in property transactions.

Contrary to popular belief, it is not possible to determine the authenticity of a title deed just by looking at it. The most effective way to verify whether a title deed is genuine is to conduct a title deed search at the Land Registry. This search can be performed either manually or online. This method is highly recommended because the Land Registry is the official custodian of all land-related information.

If your search reveals no discrepancies in the title deed, you can confidently conclude that it is genuine. However, if you find any missing, altered, or inconsistent information, the title is likely forged. In such cases, we recommend contacting a qualified property lawyer immediately.

The entire process can extend over several weeks or even months, influenced by various factors such as thorough due diligence, intricate negotiations, and sometimes cumbersome bureaucratic procedures. Each of these elements can add layers of complexity and delay, making the timeline for completion unpredictable.

A Certificate of Possession shows payment for a plot but does not prove legal ownership; only a title deed does. You should contact the selling company to inquire about the issuance of her title deed and the delays involved. In Nairobi’s Eastlands area, land-buying companies often issue Certificates of Possession due to the subdivision of large parcels, a process that has faced controversy and legal challenges, resulting in hesitance from governments to issue title deeds for these plots.

Also, there might be a genuine delay in the issuance of title deeds because of the lengthy process that sub-division of land in Nairobi is, with many governmental bodies being involved. What is most important is for her to determine the projected period in which the seller anticipates procuring the title deeds, the timelines, and where the process has reached.

It’s essential to involve a property lawyer when purchasing land for due diligence on the property and seller, establishing transaction timelines, and securing safeguards. This includes ensuring that purchase funds are held in a joint escrow account or requiring a Professional Undertaking from the purchaser’s lawyer to withhold funds until the title deed is received.

To inherit property, you must go to court for either a Grant of Letters of Administration (if there’s no will) or a Grant of Letters of Probate (if there is a will). Once these are confirmed, the appointed administrators can visit the Land Registry to apply for registration as the property’s new owners, receiving a title deed in their name. If the property lacks a title deed, the administrators can also initiate the process to obtain one. After that, they can sell the property and transfer the title deed to the buyer.

We recommend you first consult the property lawyer who helped you buy the land. They will assist you in applying to the Registry to place a Purchaser’s Interest Caution on the land. Your lawyer will then guide you in suing the land seller and the new buyer under the Certificate of Urgency, asking the court to preserve the status quo through an injunction. You will seek specific performance, which means asking the court to require the land seller to complete the sale and transfer, as signed land sale agreements are legally binding. This applies if a land sale agreement is signed by both you and the seller.

Yes, foreigners can purchase land in Kenya, but they are restricted to leasehold titles, which typically last up to 99 years. Foreigners and privately owned companies whose shareholders are not all Kenyan citizens are not permitted to buy agricultural land unless the transaction has received an exemption. Additionally, land control boards are prohibited from granting consent for the transfer of agricultural land to individuals or companies that do not qualify to hold such land.

If you find yourself facing a dispute regarding land ownership, it’s crucial to seek the guidance of a knowledgeable property lawyer as soon as possible. An experienced attorney can navigate the complexities of the situation and assist you in resolving the issue through various legal avenues.

These may include mediation, where both parties work collaboratively with a neutral facilitator to reach a mutually agreeable solution; arbitration, where an impartial arbitrator makes a binding decision; or litigation, which involves taking the matter to court. Their expertise will be invaluable in ensuring your rights are protected and guiding you toward a favorable resolution.

When buying or selling property, there are important taxes to know. One key tax is stamp duty. This tax is based on the purchase price of the property. In urban areas, the stamp duty is usually 4%. In rural areas, the rate is lower at 2%. 

Another tax to consider is capital gains tax. This tax applies when you sell land for more than you paid. You will pay 5% of the profit you make from the sale. It’s important to understand these taxes when involved in real estate transactions.

When a person passes away, their family must apply to the court for a Grant of Letters of Administration if there is no will, or a Grant of Letters of Probate if there is a valid will. Once granted, family members can go to the local Land Registry to register the property in their name. This allows them to obtain a title deed and transfer the property title if they decide to sell it.

When land is subdivided, the primary title is surrendered to the Land Registry, and new title deeds are issued for each subdivided plot. A reputable seller will ensure that each plot has its title deed, enabling a transfer to the buyer within 90 days, as outlined by the Law Society of Kenya’s Conditions of Sale.

If a subdivided plot has a number but lacks a title deed, or if sellers demand full payment before obtaining the title deeds, these are significant red flags. Purchasers should be cautious, as they lack the leverage to ensure the seller completes the title deed process and face challenges if another party claims ownership.

Additionally, certificates from some sellers or land-selling companies do not constitute legal proof of ownership. To navigate these issues safely, hiring an experienced property lawyer is strongly recommended.

The best approach is for the owner to subdivide the land before selling it to you. Avoid paying the full purchase price upfront without having the title deed processed. If the owner cannot afford to subdivide, consider signing a Sale Agreement and paying a 10% deposit to cover subdivision costs. 

Before paying the deposit, conduct a thorough search, check with neighbors, and engage a trustworthy lawyer for guidance and drafting the Sale Agreement. Paying the full price before subdivision gives you less leverage, and you risk disputes over ownership without proper proof. An agreement signed in front of the area chief may not protect you.

Legally, a restriction serves as a warning to anyone considering dealing with a piece of land or property, indicating that there is an unresolved issue. Based on our experience, we recommend conducting a thorough land search at the Lands Registry so that the buyer fully understands the nature of any restrictions on the property. These restrictions could include cautions, inhibitions, prohibitions, charges, wayleaves, court orders, or injunctions. 

From the land search, the buyer will also learn who imposed the restriction. This could be the government, a state parastatal (especially if it’s public land), a family member, another interested buyer, or even the Lands Registrar for that area. Answering these questions can help protect you from potential fraudulent land transactions that may lead to serious issues down the line.

Confirm the owner is the registered owner of the land by conducting a search using a copy of the title deed. Request the owner to provide:

(a) a copy of the title deed;  

(b) a copy of their Passport (bio-data) page or national ID to verify the names match;  

(c) a copy of the power of attorney, which must be in writing, signed, and registered at the land registry. 

Additionally, have a lawyer verify the powers granted under the power of attorney to ensure the owner authorized the sale of the land.

We recommend asking the owner for either a copy of the title or the title number if a copy is not available. Having a copy of the title makes it easier to search for the land registry for the land in question. If the owner does not have a copy, they should at least know the title number. 

Approach your property lawyer who will reach out to the land registry officials, explain your situation, and provide them with the title number so they can provide the much-needed information for due diligence.

If the owner cannot provide either a title copy or the title number, we strongly advise you to consider purchasing a different piece of land and walk away from this option.

Based on our experience, the best approach to investigating and purchasing land is to engage a reputable property lawyer or law firm. They can assist you in examining the land identified by your sister, which you have approved, and handle the purchase formalities.

An experienced property lawyer or law firm can ask the seller questions on your behalf regarding the land and its ownership. They will guide you through the entire process, ensuring you receive a valid title deed in your name. They are well-equipped to manage any issues that may arise during your journey to land ownership and are dedicated to preventing you from being taken advantage of.

We strongly advise against purchasing land that does not have a title deed. A land share certificate is not equivalent to a title deed and cannot prove ownership.

According to the law, a valid certificate of title or title deed issued in the names of the owner (whether buyer or seller) serves as sufficient legal proof that the person named on the title deed is the rightful owner of that land. Without a title deed, you cannot be certain that the land genuinely belongs to the seller, which poses a significant risk for you as a buyer. Additionally, it is impossible to prove your ownership of the land solely with a share certificate.

Although this practice is common among land sellers, land-buying groups, and self-help organizations, it can lead to legal complications. If someone else presents a title deed for the land you’ve purchased and accuses you of fraud or trespassing, the court is likely to favor them over you.

Legally, if the land you purchased was not jointly owned by the seller and their relatives, or held in trust for them, then those relatives have no claim to your ownership. 

A relative cannot assert rights over land owned by someone else. If they dispute your ownership, you can sue for a permanent injunction to stop their interference.

Relatives or the community can only claim a right to the land if it is considered communal property, as is often the case in Maasai land and other pastoralist areas where land is held in trust for the community by individual members.

ypically, property acquired by a husband and wife during their marriage—such as land, vehicles, or houses—is considered marital property. This means that it cannot be sold or used as collateral by either spouse without the written consent of the other, even if the property is listed solely in one spouse’s name.

If there is no written agreement in place stating that your wife voluntarily relinquishes her rights to the property upon being reimbursed for her contribution, you cannot be certain that she cannot block the sale of the land. She may claim that the land is marital property, argue that she never consented to the sale, and point out that she has not been repaid for her contribution or share.

It may be beneficial for you that the title of the property is in your name. Having proof of payment—such as Mpesa messages, bank transfer receipts, or witnesses who can verify that you paid her—might support your case. We strongly recommend consulting a property lawyer to receive legal advice tailored to your specific situation.

A contract binds the parties involved and is enforceable in court unless it can be proven that one party was a minor, signed under undue influence or duress, experienced misrepresentation or mistake, entered into an illegal contract, or if the contract was frustrated.

In that case, the sale agreement signed by both the seller and buyer is binding. The seller cannot sell the land to another person, as it has already been sold to you, nor can they refund your money unless you have breached the agreement by not paying the full amount or not paying on time.

If you have paid the agreed amount on time, the seller cannot resell the land, assuming it has a registered number and a title deed. There’s much that goes into such a case such as cautions, the power of the Registrar over cautions, the power of the court in braches of contracts, and much more, which is why we strongly recommend you contact a property lawyer to understand which part of the law protects you based on your situation. 

Before buying any land in Kenya, it’s essential to conduct due diligence to verify the seller’s identity and the Title Deed’s authenticity through an official search at the Land Registry. While you can do this yourself, hiring a reputable property lawyer can help identify potential red flags.

Visiting the land to assess its condition and speaking with residents and leaders can further verify ownership. Once the ownership is confirmed and you are satisfied with the land, request an agreement for sale. Review the terms carefully and ensure it is properly signed, keeping a copy for your records.

A property lawyer can assist with due diligence, conduct necessary searches, confirm the land’s status (ensuring it’s not government-owned), and negotiate favorable terms.

Based on our experience, it is very risky to proceed without a title deed, as title deeds are the only authentic and legally recognized documents of land ownership in Kenya. A mere certificate does not hold any legal weight according to our laws. Consequently, it would be extremely challenging for anyone to prove ownership of the land, particularly if another party presents a title deed for the same property.

When purchasing land from a SACCO, ensure it has a title deed instead of just a certificate, as the title deed confirms legal ownership. Before moving forward, conduct thorough due diligence to verify the property’s details.

We strongly recommend hiring a reputable property lawyer or law firm to assist with this process. They can perform the necessary checks, negotiate on your behalf, and ensure that the final transaction correctly transfers the title deed into your name, safeguarding your investment.

We strongly advise against purchasing leasehold land with an expiring lease, as the renewal process is often lengthy, costly, and filled with complications. The current owner should ideally manage the lease renewal before selling the land to you.

There are risks involved, as land cartels and fraudsters may target expiring leases, potentially causing disruptions such as missing files in the land registry. This can lead to delays and the need for you to provide documentation that you may not have. For these reasons, the current owner should resolve these issues before selling the land after the lease has been renewed or extended.

Legally, if the land has been sold and the buyer has paid the full agreed-upon amount, you cannot reclaim that land, as it is now legally owned by the buyer. You can only regain ownership in two situations: if the buyer fails to pay the full purchase price, thereby breaching the Sale Agreement, or if you make an offer to the buyer to repurchase the land, and they agree to sell it back to you.

However, if the buyer has been “extending the boundaries,” this could be considered encroachment. We recommend hiring a surveyor to assess both parcels of land and their boundaries—the land that was sold and the land that remains in your possession. This survey will help determine whether the buyer has encroached on your land and to what extent. Knowing the size of the land sold (in acres or hectares) is essential for this process, and if there is a title deed for the sold land, it will indicate its size.

We also recommend that you engage a qualified property lawyer immediately. They can assist you in officially complaining about the encroachment with the local Land Registrar. The Land Registrar will investigate the issue by summoning the buyer and any witnesses to the sale (such as community elders) and consulting the relevant records at the land registry regarding both the sold parcel and the encroached land. After the investigation, the Registrar will issue a ruling and provide a report on the matter. If the land has been sold and the buyer has paid the full agreed amount, you cannot reclaim it, as it is now legally owned by the buyer. You can only regain ownership if the buyer breaches the Sale Agreement by failing to pay the full price, or if they agree to sell it back to you.

If the buyer has encroached on your land, we recommend hiring a surveyor to assess the boundaries of both parcels. This will help determine the extent of the encroachment, especially if you know the size of the sold land from the title deed.

Additionally, it’s advisable to engage a qualified property lawyer to file an official complaint about the encroachment with the local Land Registrar. The Registrar can investigate the issue, summon the buyer and any witnesses, and consult land records. Afterward, they will issue a ruling and a report on the matter. This is a general overview; you may need more specific legal advice tailored to your situation.

We strongly recommend engaging a qualified property lawyer, as this situation likely involves serious forgery. The case appears to be a fraudulent sale facilitated by forged documents. Land cannot be sold without the owner clearing all outstanding rates and obtaining a Land Rates Clearance Certificate, which should accompany the signed Land Transfer Forms submitted to the Land Registrar.

If rates have not been paid, a valid Clearance Certificate may not have been presented, or a fake one could have been used. Important steps include placing a caution, applying for a green card, obtaining a police abstract, and possibly involving the Fraud Unit of the DCI. A property lawyer can help you navigate this process safely.