How to verify land ownership documents in Kenya

There’s something unexplainable about an almost universal desire to own property called land. Could it be because it’s a basic factor of production? Possible. It could also be due to the sense of security land possesses, including the literal use as collateral in loan acquisition. In many cultures and communities, land ownership is also a symbol of status. Certainly, there are innumerable reasons why land is a very personal and emotive substance of ownership.

If the claims above hold any water, you are either a plot or land owner already or you are desirous of the becoming one. If you are the former, I have some questions for you. If you are the latter, read on for some critical advice.

How do you own land in Kenya?
There are two main routes to land ownership in Kenya: inheritance and purchase. Speaking of inheritance in Kenya, there are communities where this option is now a mirage. The fourth and fifth generations mainly from mountainous regions of the country may not get their “real” ancestral inheritance. Unless they are willing to accept a wheelbarrow size piece of land. Fortunately, the craze and appetite for the pieces often termed blessed is waning. Besides, our constitution also allows us to own land wherever one wishes in the republic. Therefore, if you really want to leave a land inheritance to the products of your loins, you can secure them some parcel in Garbatula though your ancestors are in Gatundu or Gucha. Nevertheless, such thoughts are still somewhat unimaginable by many a traditional lot.

What’s the proof of ownership?
Anyway, if you own land whether by inheritance or purchase, how sure are you that the parcel in your records is yours legally? You see, in Kenya, land is governed by several land laws. As such, every claim of ownership is backed by a legal document either called a title deed or certificate of lease.

We shall delve into differences between the two in some later days. For now, let us narrow to the focus question of this article: what is the proof-test of a title deed or certificate of lease?

Conduct a Title Search
Correction. Having a title deed is not enough assurance the land you are sitting on or have fenced off is yours. Surprised? At worst, the title deed in your possession could be fake. Or the parcel could have been sold to several buyers. Unfortunately. There’s only one way to ascertain a title deed’s contents are valid and legally recognized. Conduct a search. A title search is a process of requesting for legal ownership details regarding a piece or parcel of land at the respective land registry office. Most often, title searches are conducted as a due diligence activity during land purchase. This should not be the case.

A title deed search is a crucial property management practice that needs to be done regularly to ascertain that the details remain the same. An annual interval is recommended as a professional frequency. So, when was the last time you conducted a search for the property (ies) you (think you) own? If you are not in a position to do this because of the vastness of your estate, this is where you engage the services of a real estate manager. You are wise to spend a single digit percentage fee to protect your estate worth millions.

Check Registry Map Index
The title search is done. What next? Your land must be on the map. Every piece of land registered as a freehold or lease interest must be captured in a Registry Index Map (RIM). RIMs are developed, updated and kept at respective district survey offices across the country. These maps are drawn to scale and give an exact representation of the piece of land in the form and size on the ground. Survey maps cover different areas dictated by the title numbers contained in what is termed as a sheet.

It is in RIMs that such public portions such as road reserves, riparian land, public utilities etc are also indicated. Due to multiple demarcations that have been done over the years, the map sheets have run into hundreds and thousands of sheets called insets. As a result, tracing the exact map where your property is located can be a tedious and time consuming affair for a lay person. Again, this is where the services of a qualified and experienced professional is inevitable. In the event that your parcel is not drawn on the map, an explanation is worth seeking. The reasons for the missing map can be several and we shall discuss them here another day.

Real Estate Manager
So, are you sure you own that piece of land now? When was the last time you conducted a search to confirm the details remain the same? Have you ever confirmed that your property is on the Registry Index Map? Do the land shape(s) and size(s) you own correspond with those in the map? Beyond the real estate agent you may have come across, you may be in need of a real estate manager to ensure that all your properties are legal and intact.

There are many real estate companies that offer these professional services. If you wish, check out https://neocresthomes.co.ke/ . They will be delighted to add you to the list of land owners who are confident of their property (ties) details and status.

In the next article, I shall discuss the periodic real estate management practices that can safeguard you from potential fraudulent land transactions.

Source: Jacob Wainaina