Purchasing property in Kenya can be safe, provided due diligence is observed. If any of the red flags outlined below arise, it is advisable to pause the transaction, conduct further checks, and seek legal guidance before making any payment.
Common Red Flags When Buying Property in Kenya
1. Seller won’t show the original title deed
If a seller claims that the original title deed is ‘lost’ or refuses to produce it, this should be treated as a serious red flag. A legitimate owner should be able to present the original deed. Always verify the title through the Lands Registry or online platforms such as Ardhisasa/eCitizen, and under no circumstances should payment be made without proper documentation.
What to do: Ask for the original or run an official search. If the seller cannot produce it, walk away.
2. Title deed and survey map don’t match the land on the ground
The survey map must correspond with the parcel’s actual size and boundary markers. Any discrepancies between the survey plan and the land on the ground may indicate illegal subdivision or potential misrepresentation by the seller.
What to do: Hire a licensed surveyor to re-survey the plot and compare it to the title’s plan.
3. Missing Land Control Board (LCB) consent for agricultural land
If the property is classified as agricultural land, approval from the Land Control Board (LCB) is mandatory for the sale to proceed. Without this consent, the transaction is rendered void. This requirement is a common pitfall for buyers of rural land.
What to do: Ask your lawyer to confirm LCB consent in writing before you sign or pay.
4. Encumbrances, caveats, or mortgages on the title
If the land has a mortgage, caveat, or other charge, the bank or claimant might have rights over it. A caveat or charge can stop the transfer or lead to loss later. Always check for encumbrances on the official search.
What to do: Get a full land search report and clear any encumbrances before payment.
5. Seller pressures you to pay fast or asks for cash only
Hard pressure to pay quickly or a request for cash-only payment is a classic fraud move. Real sales use receipts, lawyers’ client accounts, or escrow, so money is safe until the transfer is done.
What to do: Never pay full price in cash. Use your lawyer’s trust/escrow account or a bank transfer with clear receipts.
6. Multiple brokers or “chain” of agents and no direct seller contact
Involvement of multiple brokers without access to the actual property owner significantly increases the risk of fraud. Scammers often rely on intermediaries to conceal the true ownership of the land.
What to do: Insist on meeting the owner and verifying ID and ownership in person or through official documents.
7. Fake or forged documents and fake lawyers
Fake title deeds and forged signatures are a big danger. Also watch for “lawyers” who are not real or licensed; there have been syndicates that use fake lawyers to con buyers. Always verify the advocate’s license and the title’s authenticity at the registry or online platforms.
What to do: Verify the advocate with the Law Society of Kenya and check the title on Ardhisasa/eCitizen.
8. Unpaid rates, taxes or statutory notices on the property
Missing property rates or unpaid taxes may lead to extra bills or legal trouble later. The seller should clear these before the transfer.
What to do: Ask for receipts for land rates and any tax clearance for the property.
9. Property is occupied or disputed
If the property is occupied or subject to ongoing litigation, the transaction may be delayed for months or even years. Court disputes frequently hinder or prevent a clean transfer of ownership
What to do: Get a lawyer to check for active court cases and speak to the locals about any disputes.
10. Seller offers an unusually low price or “too good to be true” deal
Very cheap land can be a lure. Scammers often underprice fake or disputed parcels of land to draw buyers in. If it looks too good, be extra cautious.
What to do: Compare market prices. If the price is much lower than nearby plots, investigate hard.
11. No approved subdivision or missing County approvals
If the land is said to be already subdivided, but you can’t find subdivision approvals at the county planning office, the parcel may be illegally split. Buying such land creates big problems later.
What to do: Check the appropriate County planning office approvals and ask for subdivision permits.
Quick Checklist Before You Pay – Red Flags When Buying Property in Kenya
- See the original title deed and run an official land search (Ardhisasa/eCitizen).
- Get a survey and compare map to the ground.
- Confirm LCB consent for agricultural land.
- Check for encumbrances, caveats, mortgages.
- Verify the seller’s ID and ownership; meet the owner.
- Use a licensed lawyer and pay into a lawyer’s trust or bank account as part of escrow services.
- Get receipts for payments, rates, and stamp duty.
