What to Check Before Buying Land in Kenya

Acquiring land in Kenya remains one of the most popular and rewarding long-term investments—so long as you proceed with caution. Unfortunately, fraud, boundary disputes, and legal complications have turned land transactions into potential minefields. Here’s a detailed, expert-backed guide to ensure your journey is secure, smart, and seamless.

1. Confirm Genuine Ownership (Title Deed Verification)

• Conduct a title deed search via the Ministry of Lands or the ArdhiSasa online portal. This helps confirm ownership, detect disputes, encumbrances, and whether the title is freehold or leasehold
• Insist on seeing the original document. Counterfeit or duplicate deeds are a major source of fraud 
• Verify the seller’s identity using their National ID and compare with registry records. For company-owned land, check director credentials through the Companies Registry 

2. Screen for Encumbrances & Legal Disputes

• Check for caveats, loans, litigations, or government restrictions at the land registry. Any of these can derail your transaction or your plans for the property 
• Review Land Control Board (LCB) approval, mandatory for agricultural or rural land transfers, especially when selling or subdividing 
• Speak with neighbors and local leaders to trace any historical conflicts or familial disputes tied to the land 

3. Verify Zoning, Land Use, and Planning Compliance

• Visit the county’s Physical Planning or Lands Office to confirm zoning status—residential, commercial, agricultural—and any restrictions, such as building height or density limits 
• Check for future infrastructure plans, such as road expansions or utility projects that might affect your land

4. Conduct a Physical Verification & Survey

• Always visit the land in person to evaluate topography, flood risks, soil quality, and actual boundary markers 
• Hire a licensed surveyor to confirm boundary beacons and detect any encroachments or overlapping claims 
• Use tools like Google Earth for supplemental aerial insights—but never as a substitute for a site visit 

5. Check Accessibility and Utility Infrastructure

• Ensure legal and reliable access to the property. A visible path doesn’t always mean legal right of way. Confirm this is registered on the title
• Verify availability of services like water, power, and sewage. Account for costs if utilities aren’t already in place 

6. Understand Land Tenure & Ripple Effects

• Identify ownership type—Freehold, Leasehold, Public, or Community land. Each has distinct legal and use implications 
• Note lease terms. Locals often get 99-year leases; foreigners, less. These expire and may require renewal 

7. Assess Environmental Risks & Compliance

• Check flood risks and drainage capability, especially by visiting during rainy season. Poor drainage or proximate water bodies can render land unbuildable or illegal—especially riparian areas 
• If developing commercially, you may need an Environmental Impact Assessment (EIA) from NEMA 

8. Engage Trusted Professionals

• A conveyancing lawyer is essential for drafting agreements, navigating complexities, and ensuring legal compliance .
• Registered valuers help assess fair market price and calculate stamp duty properly
• Surveyors confirm land details and help secure a mutation or subdivision if needed 

9. Secure a Binding Sale Agreement & Complete Payments Correctly

• Document everything: names, parcel details, price, payment schedule, possession date—ensure clarity and enforceability 
• Know applicable taxes: Stamp duty (4% urban, 2% rural), Land rates, Land rent (for leaseholds), and Capital Gains Tax (15% upon resale) 
• Pay through secure channels, like your lawyer’s escrow account. Insist on receipts for all transactions 

10. Avoid Common Pitfalls and Red Flags

• Too-good-to-be-true prices—often bait for scams 
• Pressure tactics or rushed deals—insist on proper due diligence 
• Discrepancies in seller claims—verify personally, especially when documents and reality don’t align 

Final Checklist

Closing Thoughts

Land in Kenya remains a powerful investment—but only if handled with care. By combining legal diligence, expert assistance, and on-ground verification, you safeguard not only your finances but also your peace of mind. Let Makaobora.com be your trusted guide to navigating the land-buying landscape with confidence.

Stay informed. Stay secure. Happy land buying.