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WKA ADVOCATES’ GUIDE TO AVOID PREMIUM TEARS WHEN BUYING LAND/HOUSE IN KENYA
- DON’T Send money directly to the Seller (Vendor) or their Agent’s unless advised by your Advocate. DON’T pay in hard cash! Ensure you leave a money trail
- DON’T’ Buy or Sell/lease land/apartments without involving a Qualified Advocate. The Advocate will advise you on the other required important experts such as Qualified Surveyors & Qualified Valuers etc.
- DON’T make a decision to buy land based solely on Radio and Tv Adverts OR MEDIA INFLUENCERS! Do a simple Google Search for any cases or complaints against the Sellers
- DON’T ignore this advice OR it will end in PREMIUM TEARS
WHO SELLS LAND/HOUSES IN KENYA?
- Reputable Real Estate Firms. Ensure they are licensed. Do a Google search of cases they have in Court
- Saccos, Churches Chamas, Cooperatives and Financial, Trusts & Companies, Individuals and Communities
- Private Developers, Licensed Estate Agents/Brokers on behalf of Owners for a commission
DO’s
- Do a First Site visit physically or through your power of Attorney to make sure land is VACANT
- Upon your Qualified Advocate’s advice, engage a Qualified Surveyor to map out the beacons on Second Site Visit
- Inform your Confidants/Family/Spouse, of your intentions to buy/sell land/apartment. They may give you a good opinion or better option.
- Ensure after a phonecall or oral chat you always write an email/whatsapp/text message to confirm what you discussed. Ensure you have “written evidence” or “Minutes of Meeting”
WHAT ARE THE TYPES OF LAND CLASSIFICATION?
• In Kenya Land is Classified as Private, Public or Community. The NDUNG’U LAND REPORT lists land that was acquired illegally. It is important to ensure that the parcel of land is not listed
Land is Classified as either Freehold (absolute proprietorship/ownership) especially Agricultural Land or Leasehold (for a term like 99 years)
•Apartments/Townhouses are classified as Sectional Properties
NOTE*
- A certificate of Allotment/Share Certificate is not a Title Deed! Do not be deceived!
- There is nothing such as a ‘Ready Title or Clean Title’. Title must be transferred to you legally
- Hiring a Qualified Advocate is not “expensive”. The Advocates’ costs/rates are guided by the Advocates’ Remuneration Order. Better be safe than sorry! There is no Agreement for USD 30/Kes 3,ooo. If there is, run!
- All Agreements involving Land/Houses MUST be in WRITING, SIGNED and WITNESSED properly
WHICH CONSENTS DO YOU NEED?
•Land Control Board Consent (the board is comprised of Assistant County Commissioners and Village Elders). A controlled transaction
will be declared void if this consent is not obtained within 6 months. Cost 10 USD/ KES 1,000 or special sitting USD 50/KES 5,000
County Land Management Board
•Spouses as they have Matrimonial Property Rights
•Financial Institutions (Banks) if property was charged (used to secure a loan)
•KAA (Kenya Airports Authority)/KENYA RAILWAYS/KCAA (Kenya Civil Aviation Authority)/Kenya Ports Authority [If land is adjacent). Other Include Trustees of National Parks