Thursday, June 19, 2025

Ask A Lawyer Series: What is the due diligence cheklist for the purchase of land?

Land Purchase Due Diligence Checklist – Kenya

📄 Legal & Ownership

  • Verify original title deed.

  • Confirm seller is the registered owner (via land registry search).

  • Ensure no encumbrances, disputes, caveats, or loans on the title.

📍 Location & Accessibility

  • Assess proximity to main roads, schools, hospitals, and public transport.

  • Check ease of access by vehicle or foot.

🌍 Topography & Environmental Factors

  • Inspect terrain for slopes, flooding, or waterlogging.

  • Test soil quality if for farming.

  • Confirm land is not part of wetlands or environmentally restricted zones.

Utilities & Infrastructure

  • Check availability of electricity and water connections.

  • Confirm sewage and drainage systems are in place or feasible.

  • Verify internet and mobile network coverage.

🏗️ Zoning & Land Use

  • Confirm zoning designation (residential, commercial, agricultural).

  • Check for building restrictions or upcoming government projects.

  • Obtain approvals from county planning office if required.

💸 Pricing & Additional Costs

  • Compare price with nearby similar plots.

  • Budget for:

    • Stamp duty

    • Legal fees

    • Surveyor charges

    • Land control board consent (if applicable)

    • Development levy or taxes

📈 Growth & Appreciation Potential

  • Investigate upcoming roads, developments, or infrastructure projects.

  • Assess economic activity in the area for long-term viability.

🛡️ Security & Community

  • Review local crime rates.

  • Check for active residents’ or estate associations.

  • Evaluate general safety and upkeep of the neighborhood.

📝 Contracts & Legal Process

  • Draft formal offer and sale agreement through a licensed advocate.

  • Confirm seller’s identity and conduct due diligence on their company (if applicable).

  • File land transfer with relevant authorities.

📏 Survey & Documentation

  • Engage a licensed surveyor to confirm plot boundaries.

  • Verify land size matches the title.

  • Collect:

    • Title deed

    • Survey plan/map

    • Encumbrance certificate

    • Zoning and planning approvals

No comments:

Post a Comment

Legal Review: Elements that can give rise to a Presumption of Marriage

The Elements that can give rise to a Presumption of Marriage are as follows;   The parties must have lived together for a long period of tim...