What Documents Should You Check Before Buying Land?

Due diligence on land is a paperwork exercise. If the documents line up, the deal is usually sound. If one is missing and nobody can explain why, treat it as the deal-breaker it is. Here is the checklist we run on every property we take to market.

The title deed or certificate of lease

This is the proof of ownership. Check the registered proprietor's name, the parcel number, the acreage and the tenure. Freehold gives ownership in perpetuity; leasehold gives ownership for a fixed term, commonly 99 years, with an unexpired balance that matters enormously to value.

An official search from the lands registry

The search is your independent confirmation that the deed presented to you reflects the registry's records. It also shows encumbrances — a charge to a bank, a caution lodged by a family member, a court order. Insist on a recent search, not one issued months ago.

Rates and land rent clearance certificates

County rates apply to land in municipalities; land rent applies to leasehold titles. Unpaid arrears follow the land, not the previous owner, so a clearance certificate protects you from inheriting a bill.

Survey documents

• Registry index map (RIM) or deed plan showing the parcel's position and shape
• Mutation form where a larger parcel has been subdivided
• A surveyor's report confirming the beacons on the ground

Identity and authority documents

Copies of the seller's ID and KRA PIN, and passport photographs, are needed for the transfer. Where the seller is a company, ask for a certificate of incorporation, CR12 and a board resolution authorising the sale. Where the seller acts under a power of attorney, confirm it is registered.

Spousal and family consent

Matrimonial property requires spousal consent. Ancestral or family land often requires consent from other beneficiaries. Getting this in writing at the start prevents a claim surfacing years later.

Consents and approvals

Agricultural land needs land-control board consent. Leasehold land may need the lessor's consent to transfer. If the plot sits in a controlled development area, check the county's zoning and any conditions attached to it.

A complete document file is not bureaucracy. It is the difference between owning land and owning a dispute.