DOs and DON'Ts when buying land
✅ DOs - What you should do
1. Do a Title Search at the Land Registry:
- Confirm legal ownership.
- Check if the land has any disputes, encumbrances, or caveats.
- Check for any unpaid land rates tied to the property.
2. Visit the Land Physically:
- Inspect its location, accessibility, terrain, boundaries, and surrounding developments.
3. Involve a Licensed Surveyor:
- Confirm boundaries.
- Check for encroachment.
- Match the plot with the official map (mutation map or survey map).
4. Engage a Lawyer:
- Draft and review the sale agreement.
- Oversee the legal process of transfer and registration.
- Keep copies of land documents with your lawyer in case you lose your copies.
5. Ensure the Land Has a Valid Title Deed:
- Prefer freehold or leasehold with a long-term remaining.
6. Verify Zoning Regulations and Land Use:
- Confirm if land is for residential, agricultural, commercial, or industrial use.
7. Check for Access to Utilities:
- Ask about water, electricity, roads, and drainage systems.
8. Pay in Installments Linked to Process Milestones:
E.g., deposit upon agreement, remainder after title transfer.
9. Get a Land Sale Agreement Signed Before Payment:
- It should state parties involved, land details, price, and payment terms.
10. Register the Land in Your Name Promptly:
- At the Lands Registry — get an official title deed.
❌ DON’Ts (What to Avoid)
1. Don't Pay Before Doing Due Diligence:
- Never pay just based on verbal promises or photos.
2. Don’t Rely on Brokers Alone:
- They may not be legally responsible if things go wrong.
3. Don’t Skip a Site Visit:
- You might buy land in a flood-prone or landlocked area.
4. Don’t Ignore Red Flags:
- Disputes among sellers, missing documents, or pressure to “rush” payment.
5. Don’t Use Unregistered Land Buying Companies or Sacco Schemes Without Verifying:
- Many scams operate this way.
6. Don’t Forget to Involve Local Authorities:
- Especially for community land or ancestral land.
7. Don’t Assume the Land Is Free Just Because It Looks Vacant:
- It could be grabbed land or under court dispute.
8. Don’t Skip Stamp Duty Payment and Official Registration:
- This makes your ownership legal and enforceable.
9. Don’t Trust Handwritten or Verbal Agreements Alone:
- Insist on official documentation.
10. Don’t Buy Land Using Another Person’s Name (unless necessary and documented):
- Ownership complications can arise later.