Buying a plot of land in Nairobi CBD is a significant investment that requires careful planning and legal verification. With the high value of land in the city, conducting proper due diligence before making any payment can help a buyer avoid fraud, ownership disputes and costly legal complications.
The first step is conducting an official search at the relevant Lands Registry. Under Section 34 of the Land Registration Act, 2012, a person is entitled to obtain particulars of the subsisting entries in the land register. The search helps establish the registered proprietor and identify any charges, cautions, restrictions, leases or other encumbrances affecting the property.
A buyer should also verify that the person selling the property is the legitimate registered owner and confirm that the seller's identification and ownership documents correspond with the information held by the Registry. This is particularly important because the Land Registration Act recognises the registered proprietor's rights while also making those rights subject to registered encumbrances and certain overriding interests.
Physical and survey verification is equally important. A qualified surveyor should confirm the property's boundaries, beacons, dimensions and location. The buyer should also establish whether there are access rights, wayleaves, easements or other interests affecting the land. Some overriding interests may affect registered land even when they are not expressly recorded in the register.
For land within Nairobi CBD, buyers should additionally verify the property's planning, zoning and permitted development use with the relevant authorities. This is essential where the intended investment involves redevelopment, commercial buildings or change of user.
Finally, the transaction should be handled with appropriate professional assistance, including an advocate and qualified surveyor, before signing agreements or transferring funds. Proper due diligence is not simply a formality; it is a critical step in establishing that the property can legally and safely be acquired.
