THERE ARE FEW LEGAL ISSUES YOU ALSO NEED TO WATCH OUT FOR…

Every Kenyan would wish to own a home. In your home ownership journey, you may be at risk of some legal issues that many land sellers will not tell you about. Here are a few issues that we feel should check out before buying that land or property.

• INTERESTS

This is the most obvious thing to check, but also what many people miss. Some properties contain fines, accumulated land rates, and other arrears that were not settled, which you inherit as the new land owner. In some cases, it may be more than what was paid for when purchasing the property.

• PROHIBITIONS

This is one of the least known laws by the general public regarding land. It’s not always the case that when you buy land, you can do anything you want with it. Some places are designated for commercial purposes, others for agriculture, and most for residential houses.

• CAUTIONS

A caution is a notice registered by a person that restricts any dealings regarding the land without their consent. It may be a money lender holding land as collateral, a partner with a shares on the land, the authorities because of a pending court case, and many other scenarios…

• CHARGE REGISTERED

This is an instrument that shows details of any mortgages or restrictions on the use of the land or rights someone else has over the land. For example, when a landowner uses her title deed to acquire a loan from a bank, the bank registers a charge. The worst-case scenario is that the bank could repossess your land if you cannot pay the loan.