Buying property safely requires more than checking whether the seller has a title document.
A useful due diligence process checks the register, the seller, the physical parcel and the transaction documents together.
1. Confirm who is selling
Start with the seller’s identity.
The person signing the agreement should either be the registered proprietor or have clear legal authority to act for the owner.
Where a company, estate of a deceased person, attorney or trustee is involved, the authority to sell needs separate verification.
2. Run an official land search
Check the official register rather than relying on a photocopy of the title.
Look for:
- registered owner
- parcel details
- charges
- cautions
- restrictions
- lease information where applicable
Ardhisasa provides search and other land services for supported records. See Ardhisasa.
3. Check the physical parcel
Visit the property.
Confirm that the land being shown to you corresponds with the parcel you are buying.
For higher-value transactions, survey work can help confirm:
- beacons
- boundary dimensions
- access
- encroachments
- occupation
A clean register cannot tell you whether a neighbour has built across the boundary.
4. Confirm access
A plot that appears accessible on the ground does not always have the legal access a buyer expects.
Check the survey records and title position if road access is important to the purchase.
5. Check rates and land rent
Depending on the property, unpaid county rates or land rent can affect completion.
Ask for current evidence and let your advocate confirm what clearance documents are required for the transfer.
6. Check consents
Some transactions need additional consent.
Agricultural land, leasehold property and properties with restrictions can require steps that are not present in a simple freehold sale.
Do not assume every title follows the same transfer process.
7. Read the sale agreement
The agreement should match what you actually negotiated.
Check:
- property description
- price
- deposit
- payment dates
- completion period
- documents the seller must provide
- what happens if either party defaults
- vacant possession or occupation arrangements
Use your own advocate rather than relying only on documents prepared for the seller.
8. Check what is attached to the property
For a developed property, due diligence may extend beyond land ownership.
Depending on the transaction, ask about planning approvals, building approvals, occupation documents, service-charge arrears and utilities.
9. Confirm the transfer requirements
The State Department for Lands lists transfer requirements including an executed transfer, consent where applicable, valuation report, rent clearance, stamp duty receipt, original title, identification documents and KRA PIN.
See the current land transfer requirements.
A short buyer checklist
Before releasing the balance of the purchase price, you should be able to answer:
- Who owns the property?
- Is the seller authorised to sell?
- Does the search match the title?
- Are there charges, cautions or restrictions?
- Are the boundaries and access clear?
- Are rates and rent dealt with?
- Are required consents available?
- Has your advocate reviewed the completion documents?
Due diligence costs less than trying to fix a bad purchase after completion.