Secure Your Land Investment:

“Hi there! My name is Wanjiku and I presently live in the US. Some 9 years ago, I bought a plot of land in Kenya which I have never actually seen. In the time since I purchased it, I have also never been back to Kenya. The relative who helped me, by going to see the property when I was buying it, has since passed away.

Besides knowing that it is located in Nanyuki, I couldn’t tell you much else. I should mention that I bought the land from a land-selling company that has apparently gone out of operation!  As proof of ownership though, they did send me an original title deed which is in the custody of my father.

This coming December, I plan to visit Kenya and I plan to go see the property. I have some concerns and I’d like your advice. Because the original seller has since shut down and I would hate to walk into any nasty surprises, between now and the time of my visit, what would you recommend I do to ensure that my investment is safe?
Thanks so much!”

Hello Wanjiku! Thanks for reaching out. Your question highlights a common concern for Kenyans in the diaspora, especially those who invest in land back home without always having the full picture on the ground.

There are indeed several steps you can take to protect your interests and make sure that your property is secure. Hopefully, these measures will give you a clear game plan before and during your December visit!

#1. Start with a Title Search

Authenticate your ownership of the plot by undertaking a title search. This should be your first step. The search will confirm if the title deed you have is genuine and if you’re officially registered as the owner. It may also potentially reveal any irregularities between what you know and what is officially recognized. This may include existing encumbrances or third-party claims, which may be registered against the property. Application for searches requires a full copy of the title deed as well as an identifying document of the applicant for the search.

• Why It’s Important: A title search verifies your ownership and alerts you to any surprises, such as unauthorized transactions or additional rights registered by other parties.
• How to Do It: You can work with a licensed advocate or property agent in Kenya to carry out this search. They’ll ensure that all is in order and report back with the official findings, which should give you peace of mind about what’s officially on record. This is a service we can provide you.

Although a one-time title search is a good start, consider arranging regular searches to monitor your property’s status periodically. These regular searches will help you keep tabs on any changes, like unauthorized transactions or updated registrations, that could impact your ownership. Routine searches help you stay informed of any new activity on the title. This is particularly useful if you’re abroad and unable to regularly monitor the property yourself. Your advocate can perform these checks on your behalf and report any issues to you promptly. This way, you remain updated even while overseas.

#2. Buy the Registry Index Maps

Once you have ascertained that the title deed to the property is authentic, the property is duly registered to you and that there are no “impeding” concerns, don’t rest on your laurels at that. Send for the registry maps. This will ensure that the property is identifiable on the ground relative to other properties within its vicinity. It isn’t enough to know that property exists. Where it is is just as important if not more.

• Why It’s Important: Maps will indicate boundaries, adjacent properties, identify easements and reserves and much more – mitigating the possible complications that could potentially arise from the property’s misidentification for example encroachments, boundary disputes and even improper use of the property.
• How to Do It: Maps are usually available at the land registries survey offices. Being out of the country, I suggest you work with a licensed surveyor or property agent in Kenya to purchase registry maps. This is also a service we can provide you.

#3. Perform a Survey and Physical Inspection

You mentioned that you’re unfamiliar with the exact location and neighborhood. A physical inspection is essential, and you’ll want to arrange a survey with a licensed surveyor before your December visit. The surveyor will identify the boundaries, confirm whether the land exists as documented, and note any encroachments or discrepancies in size.

• • Why It’s Important: This step ensures that the property exists where it should be, without any issues such as encroachment from neighboring plots. You’ll also get a clearer idea of the area’s accessibility, amenities, and any potential development opportunities.
  • How to Do It: You can hire a licensed surveyor to map the land and mark the boundaries before you arrive, giving you a visual and legal assurance of your plot’s exact dimensions and location.

#4. Consider a Site Visit for Boundary Fencing and Security

When you arrive in December, plan to visit the land and assess its security needs. A properly fenced property is less prone to trespassing or encroachment, which can be issues in under-monitored areas. While on-site, take stock of the local security conditions and decide if additional security measures, such as boundary markers or fencing, are necessary.

• Why It’s Important: Fencing serves as a physical deterrent and a clear boundary marker, helping you avoid potential land disputes. 
• How to Do It: Once you’ve surveyed the land and verified boundaries, you can consider fencing options that suit the neighborhood’s environment and your budget. This is something a local property manager can also help maintain if you’ll be back in the US for extended periods.

If there has been any interference with your property or potential threats that may warrant “extraordinary” m easures, then you might want to consider putting up signage on the property to deter tresspassers.

I’d also encourage you to consider some basic improvements to the property that can add value to it and which won’t set you out of pocket too much. For example, green fencing (hedges), properly demarcated pathways on the property using basic materials like cobblestones are a good addition. Regularly clearing out any bushes and overgrowth, pruning trees on the property will give the property an allure and make it stand out. 

These are some of the more basic measures you could undertake. But if you are spirited and want some more aggressive measures, then I would also propose the following:

#5.  Place a Caveat on the Property

This may seem somewhat extreme, however, given the time you’ve been away and the fact that you’re uncertain about the property’s status, consider placing a self-imposed caveat on the title. By doing this, you essentially alert the Land Registry that no dealings can occur on your property without your explicit consent. This would be particularly applicable where there has been an attempt to intefere with your rights as the property owner.

• Why It’s Important: A caveat is a powerful measure to prevent unauthorized transfers, sales, or mortgages on your land, especially if someone were to try to use your absence to their advantage.
• How to Do It: You or your advocate can file this caveat at the Land Registry. Once in place, it adds an extra layer of security by limiting the potential for unauthorized dealings.

#6. Vigilance is Everything: Changes in Land Regulations and Zoning

Kenya’s land laws are ever-evolving, and keeping yourself informed on current regulations will keep you ahead of any changes that might impact your property rights or usage. In December 2023, for example, Parliament proposed legislative measures through the Land Laws (Amendment) (No.2) Bill, 2023 which would have introduced rent and rates on Freehold Land. In January 2023, through the Finance Act, 2022 in another example, Parliament passed amendments to raise Capital Gains Tax from 5% to 15%.

These changes to land regulations ultimately affect every land owner. Staying updated also ensures that you’re ready to make any required adjustments if regulations shift in ways that affect your land ownership.

• Why It’s Important: Awareness of new land policies or regulations means you can quickly adjust your plans or documentation if necessary.
• How to Do It: Set a schedule to connect with your advocate or a trusted property consultant for updates or advisories on Kenyan land laws, particularly as they pertain to ownership rights and responsibilities.

In addition, property regulations often include zoning restrictions that govern how land can be used, as well as environmental concerns that might impact development plans. Conducting an environmental and zoning check ensures you’re aware of any limitations on the land’s use, which could affect your future plans.

• Why It’s Important: Knowing the local zoning laws and environmental risks allows you to plan realistically, particularly if you envision future development or sale, and more so in areas that are rapidly urbanizing due to population growth.
• How to Do It: Your property advocate can help with these checks, ensuring you’re aware of any zoning or environmental issues that may require your attention or awareness.

#7. Put Your Land to Work

It should be obvious when you visit that leaving the land idle may inevitably create problems for you into the future. Also, it’s a misnomer to call it an investment if it isn’t putting any money in your pocket, yet demanding additional resources in time and money to manage and secure.

I’d encourage, if you can muster the time, to try and understand the area where your plot is situated. You may then be able to find viable land uses and to target opportunities that may be readily available based on market needs. You may even be abe to identify potential improvements that can help generate and even improve returns on your investment.

Conclusion

Wanjiku, purchasing land sight unseen is a brave move, but with a few critical steps, you can ensure it’s a wise one, too! Start by verifying ownership and putting protective measures in place. Then, organize a physical inspection, boundary survey, and title search before visiting Kenya. Regular checks and staying informed about local land regulations will also keep you confident in your investment.

With the right preparations, you’ll be able to visit this December knowing that your property is secure and well-managed. And when you finally set foot on it, you’ll have the satisfaction of knowing it’s truly yours, with the safeguards in place to protect it down the road. Safe travels, and all the best with your investment!