Questions to Ask Before Buying Land in Kenya

Freehold land grants permanent ownership, while leasehold land is owned for a specific period (typically 99 years). Understand the implications of each type, as leasehold properties may come with restrictions and renewal fees.

Verify the authenticity of the title deed through a official land search at the Ministry of Lands or via the Ardhisasa platform. Ensure it's registered and matches the seller's identification documents.

Conduct a thorough search to identify any charges, caveats, liens, or ongoing legal disputes associated with the property. This includes checking for any mortgages or loans secured against the land.

Verify that the seller has the legal authority to sell the property. For agricultural land, ensure they have obtained Land Control Board consent. If the seller is a company, confirm they have authority to transact.

Check with the local county government to confirm zoning classification (residential, commercial, agricultural) and any restrictions that may apply. Also inquire about future development plans in the area.

Determine if the land is near rivers, wetlands, or protected areas. Kenya has strict regulations regarding riparian land (up to 30 meters from river banks), and building on such land is illegal.

Ask about building height limitations, density restrictions, setback requirements, and any other development controls that might affect your intended use of the property.

Perform a search at the relevant lands registry or through the Ardhisasa platform. This confirms ownership details, property size, and any encumbrances. A search typically costs KSH 520 and is valid for six months.

Obtain and examine survey maps from the Ministry of Lands or a licensed surveyor. These maps show accurate boundaries and help prevent future disputes with neighbors.

Check for any outstanding land rates, rents, or taxes owed to the government. Request clearance certificates and receipts showing all payments are current.

Understanding the seller's motivation can provide valuable insights and potentially help you negotiate a better price. Be cautious if the reason seems suspicious or unclear.

Research previous owners and uses of the land. This can reveal potential issues like environmental contamination, historical disputes, or previous failed transactions.

If the land is part of an inheritance, ensure all family members have consented to the sale. Check for any pending succession cases or family disputes that could affect ownership.

Ensure the property has legal access routes without needing to pass through someone else's land. Check the condition of access roads, especially during rainy seasons.

Consider distance to schools, hospitals, markets, and public transportation. These factors affect both quality of life and property value.

Research crime rates in the neighborhood and speak to local residents about security. Gated communities often provide better security for residential properties.

Have a licensed surveyor verify the dimensions and boundaries. Don't rely solely on documents—physical measurement is essential to avoid disputes.

Assess the slope, drainage patterns, and soil composition. These factors affect construction costs and suitability for agriculture or building foundations.

Look for rivers, steep slopes, rock formations, or other natural features that might affect development. Check if the area is prone to flooding or other natural disasters.

Check access to water, electricity, sewage systems, and internet connectivity. If utilities aren't readily available, factor in the cost of installation.

Identify any legal rights that others have to use portions of the property, such as for utility lines, pathways, or access routes.

Assess the condition of roads, drainage systems, and other public infrastructure in the area, as this affects property value and livability.

Beyond the purchase price, factor in stamp duty (4% urban, 2% rural), legal fees, survey costs, registration fees, and any agent commissions.

Clarify payment schedules, preferred payment methods, and any conditions attached to payments. Never pay large sums in cash without proper documentation.

Ask about annual land rates, service charges (in gated communities), and any other recurring expenses associated with the property.

Understand your tax responsibilities, including stamp duty, capital gains tax, and annual land rates. Consult a tax professional for advice specific to your situation.

Consider how the investment might impact your tax liability, especially if you're a Kenyan living abroad or have other significant assets.

Research planned infrastructure projects, development trends, and economic factors that might affect property values in the future.

Conduct market research to ensure the asking price is reasonable compared to similar properties in the area. Be wary of prices that seem too good to be true.

Consider factors that might affect your ability to sell the property in the future, such as location, development plans, and market trends.