HOW TO BUY A PLOT IN KENYA
- Always ensure that you have a sale agreement before paying even a single coin.
- Let this agreement be overseen by your advocate
- NB// Not that lawyers cannot provide immune from fraud in the aspect that they don’t know the physical ground you are buying.
- They just oversee an agreement between the vendor and the purchaser.
- It is therefore necessary to follow all the steps discussed before on yourself before engaging your lawyer.
- Ensure that all land rates and rent are paid before the land and that the land is free from any liability.
- The lawyer can now write down the agreement according to the formula agreed between the vendor and the purchaser.
- The title deed should be left with the lawyer until the purchase clears all the money.
- It is also very advisable to pay sum money through bank transfer for a proper follow-up later if needed.
- Never clear the purchase money at once. It is even advisable to pay 10% and make an entry on the land and see if any third party will come out of claim ownership.
- Ensure the agreement protects you the purchaser from fraud.
What's contained in an agreement?
- The Vendor warrants, represents and undertakes to the Purchaser that:-
- The Property is not a buffer zone, road reserve or public land, its ownership thereof is not subject to any challenge whatsoever from the Government of Kenya, any local authority (including but not limited to County Government) or any third party whatever;
- There is no law or decree or similar enactment binding on him (vendor) so far as he is aware which would conflict with or prevent him from entering into or performing and observing the terms of this Agreement.
- The Vendor is not engaged in nor to best of the Vendor’s knowledge threatened by any litigation, arbitration or administrative proceedings relating to this Property.
- There is no adverse claim on the property, dispute regarding ownership boundary, easements, rights of way or any other such matters.
- The Vendor has not given any right of way, easements or any overriding interest and has no intention of so doing;
- The Vendor has to the best of his knowledge disclosed to the purchaser all material information relating to the property;
- The Vendor has not received any notice from the National Government or county Government or from owners of adjoining properties which remain to be complied with and has disclosed all such notices received to the Purchaser.
- The Vendor will immediately disclose in writing to the Purchaser any event or circumstances which may arise or become known to him after the date of this
- Agreement and prior to completion which is inconsistent with any of the warranties or which had it occurred on or before the date of this agreement would have constituted a breach of the warranties or which is material to be known by a purchaser for the value of the Property.
Other Details that may be captured in the agreement
- The Purchaser may assign the benefits of this agreement to any other persons on or before the completion date in the event that such assignment is made, the transfer of the Property will be made to such appointed nominee of the Purchaser.
- No failure or delay to exercise any power, right or remedy shall operate as a waiver of that right, power or remedy and no single or partial exercise of any right, power or remedy shall preclude its further exercise of any other right power or remedy.
- The rights and remedies provided in this agreement are cumulative and not exclusive of any rights or remedies provided by law.
- If any term or condition of this agreement shall to any extent be found or held to be invalid or unenforceable, the parties shall negotiate in good faith to amend such term and condition so as to be valid and enforceable.
- If any term or condition of this agreement shall to any extent be invalid or unenforceable the remainder of this agreement shall not be affected and the other terms and conditions shall be valid and enforceable to the full extent permitted by law.
- Notwithstanding the transfer of the property to the Purchaser this agreement shall remain in force with regard to anything remaining to be done, performed or observed hereunder and not provided for in the said transfer.
- Notwithstanding completion, all the provisions of this agreement shall continue in full force and effect to the extent that any of them remain to be implemented or performed.
- After full payment of the purchase price, the vendor should ensure that he has signed all the transfer instruments.
- The Original Title Deed Document relating to the property.
- Transfer in Triplicate duly executed by the Vendor in favour of the Purchaser or the Purchaser’s nominee with the passport size photos of the Vendor affixed thereon and certified to be the true likeness of the Vendor;
- Certified copies of Vendor Identity Card and tax P.I.N. certificate;
- Affidavit of Consent from the Vendor’s spouse to transfer or affidavit confirming that consent of spouse is not required if the Vendor is unmarried;
- Certified copies of the Vendor’s spouse Identity card (if necessary);
- Certified copy of the practicing certificate of the Vendor’s Advocate executing the Transfer.
- The original and duplicate Land Control Board Consent for the transfer together with the original Application from duly completed;
- Such other documents, approvals as may be required to complete this transaction and affect the registration of the transfer.
- You can use your lawyer to oversee the transfer of the tittle deed to your name.
Search After Transfer
Two weeks after the title deed has been transferred to your name apply for an official search to confirm that all details were well entered in the registry.