How is the plot or land accessible during the rainy season?
Well you might build a magnificent home but if it is not easily accessible throughout the year it shall pose a lot of challenges to you and your family. Many a time we have witnessed families forced to relocate during the rainy season. They are shocked to find out that the plot or land they purchased is on a waterway or is part of a seasonal river thus it is vulnerable to flooding. Some areas also part of a swamp where flood water from adjacent plots or land collect during the rainy season. We recommend that you carry out a topographical survey on the plot or land you to purchase for developing your dream home. You can also use open source intelligence means. For example, Google Maps of the area during the rainy season. Engage the neighbors of adjacent properties on historical facts about flood issues of the area you intend to purchase your plot or land.
What is the valuation of land or plot as per the government valuer in case you are buying the land for investment?
When acquiring land or plot for investment purpose, you need to find out the value of the land in the area you intend to purchase from a government or land valuer to avoid making investments in land which is grossly overvalued. If you are not conversant with the area you are interested in investing in land or plot you are at risk of buying land or plot at over-valued prices.
S/he is selling you a fraudulent plot or land.
When the land agent or seller who is selling land to you fraudulently acquired the land and then sub-divided it into smaller parcels or plots, he will not disclose these material facts to you.
Crooked land agent looking to make quick money will want unsuspecting buyers to hurry through the transaction process without carrying out detailed due diligence process.
When the seller has sold the land or plots to multiple buyers.
When your land agent/seller has received money in consideration for a plot or land but is yet to surrender original title deed and other completion documents to
the buyer, an opportunity arises for the land to be sold to other unsuspecting buyers. Your land agent/seller will not want to disclose this information to avoid losing a sale. To avoid falling into such a trap we advise that upon signing of the sale agreement the original Title of the subject plot or land must be surrendered to the advocate acting for both parties. To ensure that there are no other interested parties to the plot or land, request the seller that you fence the subject property upon payment of deposit. Closely monitor the events after the fencing of the property.
If s/he has an ongoing dispute with his/her spouse regarding the sale of a subject plot or land which is a matrimonial property/home.
A matrimonial home is house or property where married couple lives together. It is often considered a special legal asset in family law because it serves as the primary residence of the spouses and their children if any. On the other hand, matrimonial properties include all assets acquired during the marriage not just the home. It may include houses, cars, savings, businesses and other valuable assets.
During the negotiation stage your land agent/seller must disclose if the subject plot or land is a matrimonial property. S/he must further disclose if there any existing formal or informal matrimonial disputes regarding the plot or land you intend to purchase. To avoid purchasing a property which has an existing matrimonial dispute let the seller execute an affidavit of consent of spouse or submit a spousal consent fully executed by his/her official spouse.
If there is an ongoing family dispute on the subject land or plot which is an ancestral or extended family property but he was only named as holder of the title purely on trust basis.
When buying land or plot in rural or agricultural areas it worth enquiring if the holder of the title is the sole beneficiary of the land/plot. In many cases you will find that the eldest child in family was registered in the title on behalf of the entire family. This means that all his/her brothers and sisters together with their individual families are also beneficiaries of the subject plot or land. This issue may not pose as a serious issue because s/he is the only person named in the title. However, upon acquisition of the property the buyer will find it difficult to take possession, develop or resell the land or plot. The surrounding community can provide valuable information about the status of the land or plot in such cases. Failure to involve the local community especially the village elders or the area sub-chief may invite unnecessary legal and commercial disputes which could have been avoided at due diligence stage.
If the property /she is selling is pledged as security for a bank loan he obtained but he defaulted on payment and wants you to bank the purchase price to another account not linked to the loan facility obtained.
The plot or land you wish to purchase may have been pledged as collateral to a bank loan. The land agent /seller should disclose these material facts. S/he should inform the buyer, through an official letter from the bank, the outstanding loan balance together with accrued interest and other charges. Further, the official letter obtained must state if the entire amount required by the bank is paid that the bank will discharge the title to the buyer. It is very important to know that the loan servicing account of the seller should be the recipient account where all amount required by the bank should be deposited. To ensure that the information provided regarding the status of loan is accurate, accompany the seller to the bank so that s/he can obtain a stamped loan statement/s secured by the subject plot or land. The bank officer should also provide a certified copy of the subject title which should be used in carrying out a land search. The difference between the agreed purchase price and the entire amount required by the bank in order to discharge the title to the buyer should only be deposited to any other account once the title has been discharged to you or the lawyer acting for both parties.
That s/he received compensation for part of land or plot he is selling you that were acquired by government for the purpose of road expansion, is on an open space, is on public land or appears in the Ndung’u report.
As part of due diligence a buyer must visit the local and the regional Survey office and obtain the latest Survey map under which the land or plot belong. The buyer or his/her trusted agent must engage the survey office and enquire whether there are any private lands in the said area which have been acquired, by the government agencies for purposes of public facilities or amenities, but have not been updated on the Main survey map. With this information you are able to know that you are buying the correct acreage of land as indicated on the title deed. Sometimes one may be excited to say that s/he has acquired 3 acres of land at a prime location only to find that half of that land was already acquired by the government agencies and the current owner who is selling you the land was already compensated or in the final stages of receiving compensation.
In Kenya land matters, the Ndungu Report is a very important document that investigated land mis-allocation and provided recommendations for addressing historical injustices. The report detailed how public land was illegally allocated to individuals, private companies, and politicians, leading to land injustices. It is always advisable to peruse the Ndungu land report and satisfy yourself that the land or plot you intend to buy does not appear in this crucial report on land matters in Kenya.
That the land or plot he is selling you was backfilled and reclaimed after quarrying activities had been carried out on the plot.
When inspecting the land or plot you intend to buy, it is very important to verify whether the ground had been quarried either building stones or soil used for road construction. Most land belonging to absentee landlords is usually quarried without their knowledge and the land subsequently backfilled using other soils like cotton soil. To avoid failing into the trap of buying a parcel of land or plot that has been quarried and backfilled, ensure you dig a sample of the ground to determine how deep the top layer of the soil runs before reaching other layers of the soil. If the top layer of the soil runs abnormally deep in comparison to adjacent plots or land, then it implies it had been quarried and the backfilled.
If the land agent/seller has paid land rates and or rent.
It’s also important to ask the land agent or seller to provide information on whether the plot or land you intend to purchase is subject to land rates and or rent, whether there are outstanding arrears and penalties. You may run the risk of buying a plot or land which has accumulated land rates and rent for many years which may subject the plot to auction in future to recover the rates.
Compiled by;
Anthony Muhate
C.E.O Atimz Investments
