How to beat land fraudsters at their own game

There is more to buying land than meets the eye and many Kenyans, especially urban dwellers, have found themselves in a quagmire after being conned by fraudulent brokers and agents.

Land fraud has become a pertinent issue as Kenyans lose their hard earned money or face endless court battles after purchasing land that has been illegally acquired.

To avoid falling into the trap laid by fraudsters, here are some things to consider before buying a piece of land.

Research

It is very important to conduct due diligence before purchasing a piece of land.

Mr Jairus Gichigo Kamangu, an advocate with Ashford & Co. Advocates says that once you have identified the piece of land you want to buy, a visit to the Land Registry will serve you well.

“That is what will guide you on purchasing the land as it will reveal the record of the land owner as well as a copy of the title deed,” said Mr Kamangu.

Get the service of an advocate

According to Mr Suyianka Lempaa, an advocate of the High Court of Kenya, procuring the services of a lawyer will help you avoid fraud.

“An advocate conducts the search under his law firm on behalf of the client whom he or she receives instructions from.

Once you go to an advocate, he or she will draft a seal agreement and also advise on the content of the title deed and decide on the type of consents that must be given to you by the seller,” said Mr Lempaa.

For example: If you are buying agricultural land, you must obtain consent from the Land Control Board.

There should be cause for alarm if this consent is missing.

However, if the advocate has acted negligently, the client has a right to file an indemnity against the lawyer and money spent is refunded.

“Many law firms want to get more clients and it would be suicidal to have advocates who are crooks,” added Mr Lempaa.

Vigilance

Mr Kamangu says the biggest problem in country when it comes to land issues, are the brokers who purport to own or sell land.

“As much as we are in a hurry to purchase land, we should also be more vigilant. Otherwise you could find yourself dealing with crooks,” added Mr Kamangu

This sense of being aware will help you understand who you are dealing with and also safeguard from being scammed.

Historical background check

Mr Lempaa emphasises that it is very important to conduct a physical search on the land you want to purchase to establish who the real owners are.

“A physical search is very important, look at the people staying around, find out if the land is occupied and check for any encumbrances to avoid purchasing land meant for someone else.

There could be an absentee landlord who could sell you land and if you are not careful you could end up in a court tussle,” says Mr Lempaa.

Mr Lempaa gave an example of Mitumba slum in Nairobi.

Two years ago, hundreds of families were left homeless after their houses were demolished for allegedly encroaching on the Wilson Airport’s flight path.

If they had been aware of the history of the land — which according to Kenya Airport Authority, residents of the village built on the flight path — this could not have happened.

Avoid buying land on allotment

Since when did allotment letters become proof of land ownership?

Allotment is an act by the government to allocate land to an individual or company.

Ms Mercy M Njamwea, Director, Land Administration, National Land Commission advises Kenyans to avoid purchasing land on allotment level.

“So many people are buying land at the level of allotment whereby a specific company provides share certificate to individuals, but somewhere in the office, the document does not reflect what is on the ground,” she says.

According to Ms Njamwea, a share certificate is just a piece of paper saying you stand to be allocated land in case of a winding up once the liabilities are settled.

“People should stop buying land at the level of allotment completely and just follow the right procedure to avoid the issue of double allocation, different survey numbers referring to one title deed and fake title deeds from River Road,” said Ms Njamwea.

Use professional agents and not brokers

Ms Mercy Njamwea advises those interested in buying land to always use professional agents and not briefcase brokers.

“It is always advisable to use professional agents.

This will enable you transact in a professional manner, unlike the brokers who are willing to do anything to suck money from you,” said Ms Mercy Njamwea.

Mr Kamangu added that the purported agent should be registered.

“No one should practice as an estate agent unless they are registered; no partnership shall practice as estate agents unless all the partners are registered.

So an individual should conduct screening of the agent and find out if he or she is registered before making transaction,” says Mr Kamangu.

Use a registered surveyor

A surveyor’s services are needed at the initial stages of land development because he or she will have an understanding of the shape of the land.

They are also aware of the law of the land and have inclusive skills to deal with any issues related to land.

Ms Njamwea adds that a registered surveyor can identify the true position of the land’s boundaries, rights of access and whether the land has any physical or legal constraints.

“How will you know the precise extent of the land you want to buy?

This is where a surveyor is able offer his or her comprehensive skills,” says Ms Njamwea.

Insist on title deed

It is always advisable to see a copy of the title deed when buying land so as to back it up with the surveyor’s diagram.

According to Mr Lempaa, the title deed will inform you if there is anything that will hinder setting up a building within the location.

“When you insist on this document and it is examined by an advocate, you will be able to know if there is any bondage on the land to avoid any prohibitions,” said Mr Lempaa.

Talk to the neighbours

It is important to interact with the neighbourhood before purchasing land as they would know more about the owner of the land or previous occupants.

“Talking to the neighbours can reveal details on either the land or what a seller might have conveniently forgotten,” says Mr Lempaa.

Identify the boundary of the land

Identifying the boundaries on a piece of lands will help you to avoid encroaching on other properties and unknowingly causing conflict with the neighbours.

“You will also find out where the roads are likely to be, your own passage into the compound and finally make it known that you now own the land by fencing it,” explained Mr Lempaa.