The Kenyan dream- to own a home somewhere serene, enjoy a quiet life, and live happily ever after. However, this is often more challenging than it sounds. 

As the Kenyan real estate sector continues to grow (7.3% growth in 2023, according to KNBS), more young people are investing in their dream homes. But the process can be quite daunting for first-time home buyers, especially considering the rampant land fraud in Kenya. There’s a need to educate first-time buyers on how to safely buy property in Kenya. 

In this blog, we’ll discuss essential steps to take when buying property in Kenya and what considerations you should consider for a hassle-free experience.

Step-by-Step Guide to Buying Property in Kenya

How do you avoid falling prey to land scammers when buying property in Kenya? This simple 3-step process will help you own your dream home without any hassles:

Step 1: Do Your Research and Due Diligence

The excitement of finally owning a home can make you skip this crucial step and be vulnerable to fraudsters. Before you commit to buying a property, it’s important to do your research and due diligence. It’s the first step to protecting your investment or avoiding buyer remorse.

Some of the questions you should ask yourself at this stage include:

• How close will you be to social amenities such as schools, hospitals, recreational facilities, etc
• What kind of property do you have in mind? You can’t build residential property on land designated for agricultural use. 
• If you’re working with an agent or broker, are they registered by the Estate Agents Registration Board (EARB)?
• Are there registered titles for the property and who is the title holder? 

It’s important to do a site tour of the property before committing to buying. You should also do a land search on Ardhi Sasa portal and have a licensed surveyor to verify the property’s boundaries.

Step 2: Time to Think Financing 

At this stage, you’ve identified your property of choice and everything checks out. It’s time for the big question- will you be buying the home out of your pockets or seeking property financing? 

Some of the financing options you can explore when buying property in Kenya are:

• Mortgages 
• Bank or sacco financing 
• Soft loans from friends and family

At Green Heart of Kenya, you can get staggered payment plans of up to 9 months if you’re self-financing. We’ve also partnered with financial institutions such as NCBA and Co-Operative Bank to offer property financing to our clients. 

It’s always important to factor in other costs such as legal fees, stamp duty, and land levies into your budget when buying property.

Step 3: Seek Legal Advice

It’s important to involve a competent lawyer for legal guidance when investing in something as big as land in Kenya. They are crucial to ensuring you’re legally covered so you don’t lose your money or home to unscrupulous sellers. 

Before signing your land sales agreement, ensure you walk through it with a qualified lawyer so you properly understand what you’re signing up for. A good land sales agreement should contain the following:

• Information about the property you’re buying, including title numbers and coordinates
• The price of the property, including transaction costs and the terms of payment 
• Whether the title is freehold or leasehold
• Dispute resolution mechanism

A lawyer will also help you determine whether there are any caveats on the property. 

Buy Property in Kenya Hassle-Free and Safely

Buying your first home is an exciting journey, and can be very rewarding with careful planning and due diligence. 

At Green Heart of Kenya, we hold your hand throughout the sales process to ensure you can own your dream home hassle-free.

Buy property in Kilifi with Green Heart of Kenya.

Land is a very valuable asset and buying land in Kenya is a major investment. In fact, it’s the only solid asset that appreciates over time. This is the reason why land transactions are fraught with fraud. It’s no secret that many Kenyans have been conned while trying to buy land.

As a buyer, you need to know the pitfalls and common mistakes to avoid when buying land in Kenya. The land buying process normally looks easy while in reality it requires extensive research and using the help of the right professionals. The last thing you want is to get embroiled in endless court battles, or worse, losing your hard-earned money to a swindler. 

The following are 5 legals mistakes you should avoid when buying land in Kenya:

Mistake #1: Failing to Involve an Experienced Lawyer

The biggest mistake you can make when buying land is to think you won’t need a lawyer. Most buyers understand the need for a surveyor and a valuer, but think involving a lawyer is an unnecessary cost. 

Whether you’re buying land from a family member, a friend, or a real estate company, you need to involve a lawyer throughout the process. 

Why do you need a lawyer when buying land in Kenya? Here’s why:

• Reviewing and advising on legal documents, including the land sales agreement, land titles, and mortgage documents if you’re getting financing
• Facilitating smooth transactions and ensuring legality when closing the deal
• Resolving any disputes that arise, providing you with legal representation and ensuring you get a fair outcome
• Conducting thorough due diligence, including ensuring that there are no caveats on the land

Mistake #2: Failing to Do a Site Visit Before Paying

Just because you’ve been told it’s prime land and in high demand doesn’t mean you should hurry and send money before doing a site visit. Out of excitement, many people go ahead and pay for land they have not set their eyes on. It is therefore very important to ensure that you visit the land that you intend to buy to ensure that it exists, it’s what you were looking for and it is what the seller purports it to be.

Mistake #3: Not Asking for a Copy of the Title Deed from the Seller

Failing to ask for a copy of the original title deed from the seller when buying land is a mistake. The title deed will show you the real owner of the property you’re buying, the acreage of the land, and whether there are any encumbrances on the land.

Mistake #4: Ignoring an Official Search at the Lands Registry

Conducting an official search when buying land in Kenya is a very crucial step. But many people skip this step to save a few coins. Unfortunately, “if you want to know the true standing of a piece of land, buy the village drunkard a few drinks” isn’t legal advice and won’t stand in a court of law.

You can easily do a land search online through the Ardhi Sasa portal. All you need is a copy of the title deed (this is why Step #3 is very important).

Mistake #5: Signing an Agreement with Agents and Brokers Instead of the Land Owner

If you have a busy life, it’s okay to use a broker or an agent to scout around for land for sale. They are also the best people to find a property that suits your needs. But never make the mistake of signing a sales agreement with a broker, the actual landowner won’t be under any obligation to transfer the land to you. 

Similarly, never pay the agreed fees to a broker. It’s usually advisable to send the money to an escrow account or use your lawyer to make the payments so you don’t lose your money. The agent or broker’s commissions should be reflected in the sales agreement you’re signing with the landowner.

Bonus Advice: If you’re buying land that’s deemed to be matrimonial property, you should ensure that you get spousal consent from the seller’s partner from the very beginning. Without the consent from the spouse there will be no transfer of the land from the seller to you.

Buy Land in Kenya in a Safe and Hassle-Free Way

Buying land in Kenya may look simple, but in that simplicity also lies its complexity. There’s more to it than just buying and selling. If you are a first time buyer, you may not know how to go about it. Even people who are buying their second or third properties sometimes know what to do but fail to know how to do it. 

At Green Heart of Kenya, we hold your hand throughout the process and ensure you have a hassle-free experience buying land in Kenya. We keep you and your lawyers informed at every stage and avail all the documents you need to do your due diligence.

Buy land in Kilifi today.