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When it comes to investing in real estate, a lawyer is not just a luxury but your secret weapon. After finding the perfect piece of land in the right location, at the right price and seeing your dreams finally come together, do not rush into signing on that dotted line before engaging a lawyer.
Lawyers are your safety net in identifying things that you do not even know can go wrong, from land fraud to fake title deeds and vague, misleading contracts. While real estate agents and brokers showcase properties and close deals, it is the real estate lawyers who dive into the fine print and expose all hidden traps and safeguard your investment. Below are a few tricks that lawyers know that most buyers do not.
1. Conduct a Title Search
Purchasing land without performing a thorough title deed search is one of the most frequent and expensive errors that real estate attorneys deal with. It’s a common misconception that possessing a physical title deed proves ownership, but this is not the case. A land search helps identify the following:
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The title deed’s legitimacy
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The property’s current registered owner
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Whether the land is restricted or charged (used as collateral) to a bank
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If there are any court orders, government warnings, or ongoing disputes
Why a beacon is very important when buying land in Kenya
Real estate attorneys strongly advise taking things a step further by:
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Checking with the Ministry of Lands for any unofficial allocations or double registrations
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Conducting a physical visit to confirm beacons, boundaries and occupation
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Reviewing the land’s history of ownership, especially for agricultural land that may have passed through inheritance.
2. Not All Sales Agreements Are Created Equal
For many land buyers, the excitement of finally securing a property overshadows the legal steps involved. However, because of this, a lot of people sign sale agreements without reading or even comprehending their contents and some people move forward without any legal counsel at all.
According to a Nairobi-based property lawyer, “a sale agreement isn’t just a formality, it’s a legally binding document that defines the entire transaction.” “We’ve dealt with situations where buyers lost money or land just because the contract didn’t protect them.” Many dishonest vendors rely on buyers being too eager or ignorant to spot important flaws. Keep your judgment clear of excitement. Have your attorney carefully review the agreement before you sign it. It might make the difference between a profitable investment and a catastrophic loss.
3. Beware of Verbal Promises and Unwritten ‘Deals’
Without being written down and signed, words have no meaning in the real estate industry. However, many purchasers make the mistake of putting their faith in unwritten “gentlemen’s agreements” or verbal assurances. Attorneys often deal with situations in which purchasers were promised that roads would be paved, water connected, or titles issued in a matter of months, only to find out too late that the sale agreement did not include any such guarantees.
According to a real estate attorney in Nairobi, “if it’s not documented, it’s not enforceable.” “The contract must contain all promises, regardless of how small they may appear.” Therefore, before you believe a casual promise or a handshake, consider whether it would protect you in the event of an emergency. If the response is negative, either write it down or leave.
4. Joint Ownership Needs Clear Structures
Are you considering buying a home with a spouse, sibling, or friend? Remember that any property acquired during marriage is presumed to be jointly owned under Kenya’s Matrimonial Property Act unless there is a prior agreement specifying otherwise. This implies that one spouse may still be able to claim the property in court even if they are not the buyer.
This is why it is crucial to have a co-ownership agreement in place. You can, however, precisely outline each party’s obligations, ownership stakes and what will happen if one wishes to sell, withdraw from the contract, or dies with the assistance of an attorney. Such legal clarity guarantees a seamless co-investment process and helps avert future disputes.
5. Land Use and Zoning Laws Matter
Even though a plot appears to be the ideal location for your ideal home, this does not necessarily mean that residential development is permitted by law. Investors sometimes buy land that is zoned for conservation, industry, or agriculture only to find out later that they cannot build their retirement homes there.
Real estate lawyers frequently deal with cases where their clients are denied building approvals or, worse, face demolition simply because the land they bought has limited zoning regulations. If appropriate land use checks aren’t performed, what might appear to be a fantastic location can easily turn into a financial and legal nightmare. This is why legal consultations before purchase are essential.
Conclusion: Legal Advice Saves You More Than It Costs
While legal fees may seem like an added expense, they are an investment in peace of mind. A single overlooked clause, unpaid land rates, or forgery can cost far more than any lawyer’s consultation. It is therefore imperative to think of a real estate lawyer as your safety net that protects you from pitfalls, scams and disputes that could derail your home ownership dreams. Many real estate scams can be avoided with proper due diligence.
