Land is the dream investment for many Kenyans, and it is also where many people lose their savings. Fraudsters sell land they do not own, sell the same plot to several buyers, forge documents or use pressure to stop buyers checking. The losses can be total, and recovering money through courts takes years. The good news is that most scams follow patterns and can be defeated with a few disciplined checks. This guide is general information; use a qualified advocate for any purchase.

Common scams

  • Fake or forged titles: the seller shows a title deed that looks genuine but is not, or has been altered.
  • Selling land you do not own: the seller is not the registered owner, or is a fake agent acting without authority.
  • Double or multiple sales: the same plot is sold to several buyers, each of whom pays a deposit.
  • Selling land with hidden problems: disputes, caveats, charges to a bank, or land that is reserved for roads or public use.
  • Off-plan and subdivision scams: plots that do not exist or have not been approved; see buying off-plan property: risks and checks.
  • Fake sales agreements and receipts: documents that prove nothing.

Warning signs

Be cautious if the price is far below the market, if the seller insists on cash, if you are pushed to pay quickly "because other buyers are waiting", if the seller will not let you or your advocate see the original documents, or if the seller will not meet at the land registry. Be wary of agents who cannot show authority from the owner and of sellers whose names differ across documents. A good deal that cannot survive checking is not a good deal.

The first step is an official search at the land registry to confirm who the registered owner is, whether the land is charged to a bank, whether there are restrictions or caveats and what the size and description are. Do this yourself or through your advocate, and keep the result. Do not rely on a copy of a search provided by the seller. Land due diligence checklist before you buy lists the checks in detail.

Visit the land

Go to the plot, with the beacons or boundaries identified by a surveyor if you can. Check that it matches the documents, that nobody else is living or farming on it and that there is access. Ask neighbours and local leaders what they know. Take photos and notes. Many fraud cases involve plots that do not exist on the ground as described.

Verify the seller

Check that the person you deal with is the registered owner, with an ID that matches. If an agent or attorney is acting, check the power of attorney is valid. If the seller is a company, check its registration and who may sign. Meet in a place you choose, not in a place set by the seller.

Use an advocate and keep the money safe

Do not pay anything large before your advocate has done the checks. Pay through the advocate's client account or through a bank, never to a personal M-Pesa number or in cash. Insist on written agreements and receipts for every payment. Land transfer process in Kenya, step by step explains the stages and what happens at each one.

Be careful with the value and duty

Fraudsters sometimes suggest understating the price to save stamp duty. This is illegal and can leave you with a weak claim to the land. Pay the right duty on the true value; see stamp duty on property transfers and understanding property valuation in Kenya. The full set of costs is in costs of buying property: a checklist.

Check approvals for developments

If the land is in a subdivision or a development, check that the approvals exist, that titles can be issued and that infrastructure is real. Ask for proof, not promises. Land that cannot be transferred to you is not an asset.

Keep your records

Keep the sale agreement, search results, receipts, transfer documents and the new title safely. If you let the land or build on it, tax and record obligations follow; see records every landlord should keep and rental income for individuals and companies.

If you suspect fraud

Stop paying, preserve evidence and speak to your advocate. Report to the police and the relevant authorities. Act quickly, since delays make recovery harder. With patient checking and professional help, you can buy land with confidence, and walk away from deals that do not pass the test.

Keep a purchase file

Keep every document from the purchase together: the search results, the agreement, receipts, correspondence and the final title. The tax records checklist and document log is a simple way to list them and where each one is kept. If a dispute ever arises, a complete file is your best evidence.