14/07/2016
DUE DILIGENCE CHECKLIST FOR PROPERTY BUYERS
Before you buy that property, do due diligence to avert issues like :
1. Title deed search at Lands Registry:
Do at least 2 searches at different times before purchase. Ensure there are no caveats and ensure the property has not been used as loan collateral
2. Only use registered professionals throughout the whole process. It may cost more but is worth it.
3. Use your own property lawyer. Do not use the seller's lawyer whatsoever.
4. Apply for a copy of the Green Card at the Land Registry. It shows ownership history.
5. Check whether the listed land use is what you want. Change of use may or may not be granted.Check with County Town Planner. Also request for the Town's spatial plan if one exists.
6. Get a copy of owner(s) IDs. If the owner is a company, get copies of the registration certificate and IDs of the owners. Verify their validity at Registrar of Persons and Company Registry
7. Check criminal history of sellers and previous owners at the CID.
8. If land belonged to a land buying company, verify previous and current ownership from their registry
9. Get seller's spouse and adult children's written approval
10. Talk to neighbours, village elders and local chief to ensure there are no disputes over the land
11. Get an area map from Survey of Kenya to ensure the title is registered with them and it appears on the current map. Get previous maps as well to check for any anomalies.
12. Have a registered surveyor to ensure the land on the map matches the one on the ground. Surveyor can also confirm land size and replace any missing beacons. Inform neighbouring property owners when putting beacons.
13. Check plan of subdivision with KERRA, KURA and/or KENHA to ensure appropriate road reserves exist. Land Surveyor can check on the ground. Also check with Kenya Airports Authority if the property is close to an airport and Kenya Railways if close to a railway line.
14. Check plot numbers in the plan of subdivision. If the numbering doesn't flow, that's a red flag.
15. Take the title deed to professionals to verify its authenticity.
16. If the title deed is missing or is a replacement, walk away
17. Check the history of land rates payments with the Council to ensure the payers and LR numbers match the ownership(s) on the Green Card
18. Freehold or Leasehold? If leasehold, check how many years are remaining. Involve a property lawyer before making an offer.
19. If the property is part of deceased estate, involve a property lawyer.
20. Negotiate with the seller to have an UNDER OFFER billboard erected on the land for at least 3 months. Do another title search after 3 months. If there are ownership disputes, walk away
21. Once transfer of ownership takes place, fence off the land or develop it. Alternatively place a NOT FOR SALE sign.
22. Check on the land regularly.