What measures can Kenyan property investors take to ensure that their best interests are taken care of whenever they purchase a property? Especially, how do Kenyans in the diaspora ensure that even though they may be acquiring property “sight unseen”, the property of their interest can and will be duly transferred to themselves? Is it enough to merely seek the help of professionals during the acquisition process and if not, what else can a buyer do to protect their interest in a property? In today’s episode of the RealEstateGuru254 Podcast, our legal expert, Ms Monica Mwangi, discusses how property acquisition should be safely undertaken. We delve briefly into the following:
Which property(ies) qualify as “buyable”
Land tenure systems in Kenya and what type of property can be purchased. Specifically, we also address property that one should not attempt to purchase, or otherwise interfere with.
We look at land tenure systems for private land addressing their ownership documents and who can own such property – including ownership of property in Kenya by foreigners.
We discuss the due diligence process that a prospective buyer should undertake in-depth. Here we consider both the process as well as the professionals that should be engaged.
We address the importance of ascertaining the ownership of the property. This includes the property’s “legal availability” for transfer and registration to a prospective buyer.
We consider briefly specific reasons that may prevent the transfer of a property to a prospective buyer, and what measures should be undertaken to ensure that the interests of both parties, the buyer and the seller, are protected. It is important to have a basic understanding of land regimes and tenure systems for private land in Kenya and to be keenly aware of the implications that may come with owning that property, depending on its tenure.
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