Land fraud is among the costliest mistakes in Kenya. Buyers lose deposits to sellers who do not own the plot, to forged titles and to parcels that are in dispute. The good news is that most problems are visible before you pay, if you take the steps in order. This checklist is general information, not legal advice, so involve an advocate before paying a deposit.

1. Confirm the seller is the registered owner

Ask for a copy of the title deed or lease and the seller's national ID, KRA PIN and, for a company, the incorporation documents and a board resolution authorising the sale. The names on the title and ID must match. If someone else is selling, require a registered power of attorney. Never accept a sale agreement from an agent without these documents.

An official search at the land registry (or through the Ministry of Lands' online system) shows the current registered owner, the type of title, the size, and any charges, cautions, caveats or restrictions. Do it yourself or through your advocate, and do it again just before completion, because the entries can change. A title that shows a bank charge or a court order cannot be transferred cleanly until it is discharged.

3. Understand the title type

Freehold land is owned outright. Leasehold land is held for a stated number of years, so check the remaining term and any ground rent or renewal terms. Some land is held through a company, society or trust and needs consent from the group. Agricultural land may need the consent of the Land Control Board to be sold, and the transfer is invalid without it.

4. Check the survey and boundaries

Ask for the registry index map or deed plan and compare it with what is on the ground. A licensed surveyor can confirm the beacons, the size and any encroachment or road reserve, and can fix the boundaries before you buy. Walk the plot with the neighbours and ask about access, flooding, water and any claims.

5. Confirm the rates and rent are paid

Request clearance for land rates from the county government and, for leasehold, land rent from the national government. Unpaid arrears can block the transfer and are payable by the buyer in practice. See land rates and county property charges.

6. Verify planning and use

Ask the county planning office whether the land is zoned for the use you intend, whether there are approved development plans and whether it is in a riparian area, wetland or road reserve. Check utilities: is there power, water and road access, or will you pay for them?

7. Check for disputes

Search for court cases or disputes involving the plot or the seller, and ask neighbours and the local administration. A parcel with a succession dispute or multiple claims should be avoided or handled with a lawyer.

8. Agree the price and protect the payment

Put the terms in a written sale agreement drawn by an advocate: price, deposit, completion date, conditions and what happens if the seller defaults. Pay by bank transfer to the seller's or the advocate's client account, never in cash, and get receipts. Be wary of pressure to pay quickly or discounts for cash. A payment schedule that matches the stages of due diligence reduces risk.

9. Budget for the full cost

Beyond the price, include legal fees, valuation, stamp duty, search and registration fees, survey costs and possible consent fees. Use costs of buying property: a checklist and stamp duty on property transfers. The seller owes capital gains tax on any gain, which is due before transfer. See selling a property: capital gains tax steps.

10. Keep a due diligence file

Record every document, search receipt and conversation in one folder or the tax records checklist and document log. If you plan to let the land or build on it, the rental property investment analyser helps you test the returns before you commit.

Once the checks are clean, follow stamp duty on property transfers and the capital gains tax calculator to cost the sale, and plan the return on the plot with rental yield explained and the landed cost calculator for building materials you import.

Warning signs

  • A price far below the market, with a rush to pay
  • A seller who will not allow an official search
  • A title that has been replaced, marked "duplicate" or recently changed without explanation
  • A refusal to meet at the land registry or the advocate's office
  • Photocopies of documents only

Frequently asked questions

How long does an official search take? Often within a day or two when done online or through the registry, but allow time for corrections if the records are not clear.

Can I buy land with only a sale agreement? A sale agreement gives you rights against the seller, but you become the registered owner only after the transfer is registered in your name.

Do I need a valuation? A valuation is useful to check the price and is needed for stamp duty on the transfer in many cases.

What if I find a caution on the title? Do not pay until the caution is removed or explained. An advocate can advise on how it affects the sale.