Buying land in Kenya: the due diligence checklist before you pay

Land is the biggest purchase many Kenyan families ever make, and it is also where the most expensive frauds happen: fake titles, plots sold twice, and land that turns out to be on a road reserve. Nearly all of it is avoidable with a few checks done before you pay. This is general guidance, not legal advice — always use an advocate for the transaction.

1. Get a copy of the title and ID of the seller

Ask for a copy of the title deed (or certificate of lease for leasehold land) and the seller's ID or company registration documents. The name on the title must match the seller. If someone is selling on behalf of the owner, ask for a registered power of attorney. For land still under an estate, confirm there is a grant from the court.

2. Do an official search

An official search shows the registered owner and any encumbrances: a charge (bank loan), caveat, caution or restriction. Do it yourself or through your advocate — at the relevant land registry, or on Ardhi Sasa (ardhisasa.lands.go.ke) for registries that have moved online. Don't rely on a search the seller hands you; get your own, and repeat it just before completion.

3. Visit the land with a licensed surveyor

• Get the registry index map (RIM) or survey plan for the parcel.
• Have a licensed surveyor locate the beacons and confirm the size and boundaries match the title.
• Check access: is there a registered road to the plot, or only a footpath through a neighbour's land?
• Look out for road reserves, riparian land near rivers, wayleaves under power lines, and people living on or farming the land.

4. Talk to the neighbours and local administration

Neighbours and the area chief often know about family disputes, previous sales or boundary fights that no document shows. It's a cheap, powerful check.

5. Check land use and county matters

• Confirm zoning with the county planning office if you plan to build — especially for flats or commercial use.
• Ask for a rates clearance certificate from the county government.
• For leasehold land, ask for a land rent clearance certificate as well.

6. Land Control Board consent (agricultural land)

Most transactions involving agricultural land need consent from the local Land Control Board before transfer. Without it, the transaction can be void. Your advocate will apply; plan for it in your timeline.

7. Sign a proper sale agreement and pay safely

• Use an advocate to draft or review the sale agreement: price, payment schedule, completion date and what happens if either side defaults.
• Avoid paying large sums in cash. Pay in stages tied to completion, ideally through advocates.
• Budget for stamp duty — at the time of writing 4% of value for property in municipalities and 2% in rural areas — plus legal and registration fees. Confirm current rates with your advocate.

8. Transfer and registration

The land is only yours once the transfer is registered and a new title is issued in your name. Do a final search after registration to confirm.

Browse land and plots across all 47 counties on UrbanEstate, and read how to verify agents, advocates and surveyors.