HOW TO VERIFY THAT PROPERTY DOCUMENTS ARE GENUINE
- With the copy of the tittle deed provided ensure that you apply for a search of the tittle deed with the respective registry.
- The purpose of the search is to understand the current registered owner and whether there is any encumbrances.
- However once you do a search confirm the following;
- Ensure the Title number that has been written on the search is similar to the one in the Title Deed.
- Check the dates when the search information was written.
- Ensure the 3 parts of the title deed have been filled with information as per the green card.
a) Part A-Property Section
- Check on the nature of the title deed
- Check on the approximate area and compare with what is in the Title Deed.
b) Part B-Proprietorship Section
- Check the names and addresses of the current registered proprietor and compare with what is in the title deed.
- Check the date when the details on the green card were entered.
- Check the details when the title deeds was issued
- Ensure that there is no inhibitions, cautions and restriction
c) Part C-Encumbrances Section
- Ensure that the land has no attachment or interest with any other party like banks authorities among others.
- Ensure there is no any application pending on that parcel of land.
d) Officiating the search
- Check the dates when the register was signing the search.
- Check that registrar indicates the registry that provided the search.
- Ensure that the registrar has signed.
- Ensure that the registrar has stamped the search with a stamp reflecting his/her name.
- Ensure that the registry seal has been appended and check clearly he information in the seal to be that of the registry.
NB// A search confirms the current status of the land as it exists in the green card but don’t provide the history of the land. The history is provided in the green card.
B. R.I.M (REGISTRY INDEX MAP)
- With a copy of the title deed, proceed to the nearest and relevant survey office and buy the map of the specific land.
- With the map engage the services of a qualified person like a surveyor who is conversant SSSwith that region and let him/her identify for you physically on the ground the land that you are buying.
- Ensure that the surveyor or the expert interpreting the map is not known to the vendor.
C. GREEN CARD
- It is always necessary to request for a copy of the green card from the relevant registry that issued the Title Deed.
- A green card is necessary because it provides the history of that parcel of land in terms of all persons who have been owners of the said land and the dates of all transactions.
- It is also good to note if a restriction has ever been launched on the same parcel number and the person who did it.
- In such a case you can ask questions as to what necessitated such a restriction to be registered and the manner in which the solution was obtained.
- To request for a green card you request a lawyer to write a latter addressing the registrar and requesting for a copy of the green card.
- It is a necessary tool that must be used during document verification.
D. TITLE DEED
- Once you get the title deed (original), ensure it has the general texture and color of a title deed.
- However, texture and color doesn’t authenticate the tittle deed in any way.
- Ensure the following fields are correct and confirms with the particulars in the search document and the green card and R.I.M.
- Title Number
- Approximate area
- Registry map sheet No
- The current registered owner together with the ID number and postal address.
- The registry that issued the Tittle Deed
- The date when the title deed was issued
- The title must be signed by the registrar
- The registrar must put a stamp indicating his/her name
- A registry seal must be appended on the signature
- Another seal should appear on the red/maroon color on the left side of the title deed.
PAGE 2 OF THE TITLE DEED
- Check the date when the green card was opened and compare with green card and the search.
- Check the details on registration section to be similar with details in page one of the title deed.
- Check on the nature of title deed, i.e whether absolute or leasehold.
- Check whether your land or the land you intend to buy was as a result of subdivision.
- Check on the proprietorship section &confirm the dates of data entry in the Registry, together with the date the title deed was issued. Ensure that the registrar has signed on this page.
- Check whether there are encumbrances on this page. If the land has been charged for a certain loan, it should be indicated on this page.
- If the land is subject to subdivision, ensure you have access to the mutation that was used to subdivide the land.
- Ensure you can locate the land you are interested in from the mutation.
- Ensure the content of the mutation are in order.
- Request for the services of a person who can interpret the mutation incase you are not able.
ENGAGEMENT WITH NEIGHBOURS.
The best way to know the details of the person selling you the land is by engaging the locals and neighbors. Inform them of your intention to buy and let them inform you of any dispute during the time the vendor has been in possession of the land and even before. Let them give you a clean consent or point of satisfaction on the status of the land.
In areas where there could be no neighbors check the services of provincial administration like chiefs and village elders. Inform them about your intention to buy land, let them give you their word on this. Ensure that the vendor is known by the neighbors or immediate administration by name.
Be sure that the person selling you the land is the person illustrated by the identity card presented to you. Be sure that the vendor does not fake his identity in any way. Ensure that you even bring together the vendor and the neighbors to be sure that the vendor is the one known by the neighbors. On the same note, ensure that there is no any dispute from the vendor’s family and neighbors either on boundaries ownership or use of the land. Never buy land where the vendor is secretly selling the land without the knowledge of the family members. You might find yourself in the middle of a long time dispute.