Why You Need a Conveyancing Lawyer When Buying Property in Kenya: Avoid Costly Mistakes, Scams, and Legal Traps

Buying property in Kenya is a major decision. It involves more than just signing documents or paying money. There are key legal steps, and missing any of them could cost you a lot, even your whole investment.

This is why you need a conveyancing lawyer when buying property in Kenya. They look out for your interests, make sure everything is legal, and help protect your money.

In this guide, I will explain what conveyancing is, how a conveyancing lawyer can help, why you need one, what the process involves in Kenya, possible costs, and practical tips for choosing the right lawyer.

Who is a Conveyancing Lawyer?

A conveyancing lawyer is a qualified lawyer who specializes in property law. Their main job is to handle all the legal work needed to transfer ownership of land or a building from the seller to you, the buyer. This process is called “conveyancing.”

They do more than fill out forms. They protect your interests by checking the property’s history, confirming the seller is legitimate, and making sure the transaction follows Kenyan laws. They help guard you against fraud, legal issues, and future disputes.

Here is a guide on what a conveyancing lawyer does, why they are important, how the process works in Kenya, typical costs, common risks, and practical steps for buyers.

What is conveyancing?

Conveyancing is the legal work needed to move property from the seller to the buyer. It includes checking who really owns the land, making and stamping the sale contract, paying required taxes, and registering the new owner at the Lands Registry.

In Kenya, this work is usually done by a licensed lawyer because it involves many complex legal steps. Without an expert to guide you, buyers could face serious problems like losing money or failing to get the legal title to the property.

This is why hiring a conveyancing lawyer is not just a good idea, but a necessary step for any property purchase.

Key roles of a conveyancing lawyer

A conveyancing lawyer helps the buyer at every legal step. Their main tasks include:

1. Title and registry checks (land search): The lawyer checks the title deed and searches for any charges, caveats, disputes, or pending cases. This is often done online through government portals like eCitizen or Ardhisasa.
2. Due diligence on parties: The lawyer confirms the seller’s identity and authority to sell, whether the seller is an individual, a company, or an executor. For companies, the lawyer checks company registers and CR12 records.
3. Survey and boundaries check: The lawyer verifies that the physical land matches the survey plan and title. If the boundaries do not match, this is a major warning sign.
4. Drafting and reviewing the sale agreDrafting and reviewing the sale agreement: The lawyer writes or reviews the contract to protect the buyer’s rights, including payment schedules, remedies for defects, and completion conditions.he lawyer calculates stamp duty and ensures it is paid on time (stamp duty is a must before registration). Stamp duty rates are typically 4% in urban areas and 2% in rural areas, payable by the buyer.
5. Transfer and registration: After completion, the lawyer submits documents to the Lands Registry, pays registration fees, and helps register the title in the buyer’s name. This final step makes the buyer the legal owner.

Why a lawyer is not optional

1. They prevent fraud. Land fraud is common in some markets. A lawyer spots forged title deeds, fake transfer documents, or impostor sellers by checking registry records and chain of ownership.
2. They find hidden pThey find hidden problems. A title might have a mortgage, caveats (claims), or be in dispute. A proper search reveals these issues before you pay.l compliance. Buyers must pay stamp duty, prepare the right transfer forms, and meet statutory deadlines. Missing one requirement can stall or nullify a transfer. A lawyer knows the forms, deadlines, and how to file them.
3. They protect your money. A lawyer prepares a clear contract that states who pays and when, may hold the purchase money in trust, and ensures money is released only after completion and registration. This lowers the risk of losing your funds.

The High Cost of Not Hiring a Lawyer

Not hiring a lawyer can lead to much greater financial losses. Here are real risks you face without legal help:

1. Buying a Property with an Existing Loan: The bank could auction the property to recover the seller’s debt.
2. Falling Victim to Fraud: You could buy from an impostor or with a fake title deed, losing all your money.
3. Inheriting Legal Disputes: The land might be subject to a family inheritance dispute or a court case you were unaware of.
4. Paying More in Stamp Duty: Incorrect calculation of Stamp Duty could lead to overpayment or fines from the government.
5. Losing Your Deposit: If the sale falls through due to a legal issue, getting your deposit back without a legally sound agreement can be difficult.

How the conveyancing process works

Instruction & identity checks. You hire a lawyer and provide ID. The lawyer requests the seller’s documents.

1. Title search and due diligence.

This is the most important reason to have a lawyer. Due diligence is a deep and thorough check into the property’s legal health. Your lawyer will go to the relevant government offices and official sites to investigate the property’s history. Here’s what they look for:

1. Official Search at the Ardhi House (Ministry of Lands)

This confirms who the real registered owner is. It verifies that the person selling the land is the true owner.

b. Checking for Charges and Mortgages

The lawyer checks if the land has been used as security for a bank loan (a charge). If there is an existing loan, the seller must pay it off before selling to you. If not, the bank could repossess the property even after you’ve bought it.

c. Verifying the Title Deed

The lawyer checks that the title deed is genuine and not a forgery. Land fraud, including fake title deeds, is a real risk in Kenya.

d. Other Crucial Checks

They will also investigate if there are any pending legal cases (caveats) against the property, unpaid land rates, or any government plans (like a new road) that might affect the land in the future.

Doing these checks yourself is risky. You may not know what to look for or how to interpret the documents, but a lawyer knows where to look and how to spot problems. This is why it is best to hire a lawyer.

2. Survey verification.

Confirm the physical plot matches the registered plan. Get a surveyor involved if needed.

3. The Initial Agreement and Deposit.

Once the buyer finds a property and agree on a price with the seller, the persoOnce the buyer finds a property and agrees on a price with the seller, the lawyer will draft and review the sale agreement to protect the buyer and note the stamp duty arrangements.eller pulls out or if a legal problem is discovered. The lawyer also handles the initial deposit, often holding it in a protected trust account until the sale is finalized, keeping your money safe. After careful consideration of all the requirements the seller can proceed to sign the sale agreement under the lawyer’s advice.

4. Handling the Financial Transaction

The lawyer ensures this process is secure. They will:

1. Prepare the final completion documents.
   1. Receive the purchase money from your bank or mortgage provider.
   2. Ensure all existing bank loans on the property are paid off first.
   3. Only then should you pay the remaining balance to the seller.

This controlled process prevents situations where you pay the seller directly, but the seller does not clear the bank loan, leaving you with a property that still has debt attached.

5. Registration, Payment & stamp duty.

After the purchase is complete, the property must be legally transferred to your name at the land registry. This involves paying Stamp Duty, a government tax. The buyer pays according to the contract, and the lawyer helps with stamp duty payment (2%–4% depending on location) and gets the required stamps.

The lawyer will:

1. Calculate the correct amount of Stamp Duty payable.
2. Prepare the transfer documents.
3. Submit everything to the land’s registry for the official registration.
4. Ensure you receive your new, clean title deed.

Without a lawyer, dealing with the land registry can be slow and frustrating. Lawyers understand the system and can make sure your registration is handled correctly and efficiently.

6. Transfer & registration.

Lawyer lodges transfer documents and follows up until title is changed in the buyer’s name.

Typical costs and what to expect

1. Legal fees:

Common practice is 1%–2% of the property value, sometimes with a minimum fixed fee. VAT may apply. Fees vary by firm and complexity.

1. Stamp duty:

4% (urban) or 2% (rural) of the property value — the buyer pays. Plan for this cost early.

1. Registry and registration fees:

These fees are smaller but necessary, so budget extra for them.

Always ask your lawyer for a written cost estimate before you proceed.

How to Choose the Right Conveyancing Lawyer in Kenya

Not all lawyers are the same. When selecting your conveyancing lawyer, consider the following:

1. Specialization: Choose a lawyer who specifically lists conveyancing or property law as their area of practice.
2. Good Standing: Verify that they are a member of the Law Society of Kenya (LSK) in good standing.
3. Experience and Reputation: Look for a lawyer or firm with a strong track record in property transactions. Personal recommendations can be very helpful.
4. Clear Fee Structure: Ask for a clear breakdown of costs upfront. Conveyancing fees are often a percentage of the property value, as recommended by the LSK, but your lawyer should be transparent about all charges.
5. Communication: Choose a lawyer who explains things clearly and responds to your questions.

Common red flags a conveyancing lawyer will spot

1. Title deed names conflict with the seller’s ID.
2. The title has existing charges or caveats that have not cleared.
3. Multiple people claim ownership or there are pending court cases.
4. Land boundaries on the ground do not match the registered plan.
5. Promises to “complete later” without registered transfer paperwork.

If your lawyer notices any of these, pause the deal until the issues are fixed.

When to hire a conveyancing lawyer

Hire a conveyancing lawyer before you sign any agreement or pay any money. Getting a lawyer involved early reduces the chance of problems. If you have already paid a deposit without legal checks, hire a lawyer right away to help protect your position.

Practical tips for buyers

1. Use a lawyer experienced in conveyancing and familiar with the local registry.
2. Ask for a written fee estimate and a timeline.
3. Insist the lawyer checks the title and survey plan, and asks for a receipts trail for any payments.
4. If the seller is a company, ask the lawyer to obtain CR12 and company search extracts.

Estimated Cost Template (Nairobi)

Note: Figures are estimates for guidance only. Consult with our licensed lawyer and valuer for accurate calculations.