Top 7 Mistakes Kenyans Make When Buying Land And How to Avoid Them

1. Failing to Conduct a Proper Land Search

The Mistake: Many buyers skip or delay the land search process, trusting the seller’s word or documents provided. This can lead to buying land that is already sold, under dispute, or not owned by the seller.

The Solution: Always perform an official land search at the Ministry of Lands (via the eCitizen portal or physically). This verifies the rightful owner, land status, and any encumbrances. Ask for a copy of the title deed, then conduct a search to confirm the name matches.

Bonus Tip: As of 2024, the land registry is now digitized for many counties, making it easier and faster to verify ownership.

2. Ignoring Due Diligence and Site Visits

The Mistake: Some buyers rely solely on photos, brochures, or even virtual tours without ever visiting the land physically. This opens the door to misinformation about location, accessibility, terrain, or land use.

The Solution: Always conduct a physical site visit. If you are abroad, appoint a trusted representative or use verified real estate firms that offer virtual tours with GPS coordination.

Look out for:

• Road access
• Power and water availability
• Topography
• Neighborhood development
• Proximity to amenities

3. Assuming All Plots Are Freehold

The Mistake: Many buyers assume that all land in Kenya is freehold (fully owned). Some lands are actually leasehold (usually 99 years) or under special conditions that limit development or transfer.

The Solution: Ask directly: “Is the land freehold or leasehold?” If it’s leasehold, confirm the lease term and whether it’s renewable. Understand any covenants or restrictions attached to the land title.

Important: Coastal land and Nairobi parcels are often leasehold. Be especially cautious in these zones.

4. Buying Without a Sale Agreement or Lawyer

The Mistake: Verbal promises and handshake deals are still common but extremely risky. Some buyers proceed without a formal sale agreement or legal review, which can later result in disputes.

The Solution: Always engage a lawyer to draft or review your sale agreement. The document should include:

• Plot details and location
• Total price and payment terms
• Timeline for transfer
• Penalties for default
• Obligations of each party

Even in family or friend transactions, protect yourself with paperwork.

5. Not Understanding Zoning or Land Use Restrictions

The Mistake: Buying land without knowing if you can legally use it for your intended purpose (e.g., residential, commercial, agricultural).

The Solution: Visit the county planning office to verify zoning regulations. You can also ask the seller or agent for a land use report. Buying a residential plot in an agricultural zone or near industrial plants can lead to trouble getting approvals or resale value.

Pro Tip: Locations near bypasses, highways, or upcoming developments may have future rezoning plans — stay informed.

6. Paying the Full Amount Upfront Without Title Transfer Guarantees

The Mistake: Some buyers pay 100% of the land cost upfront without ensuring that the title deed transfer is part of the agreement. This can lead to delays, excuses, or fraud.

The Solution: Structure your payments in phases. For example:

• 10% deposit upon agreement
• 40% upon title deed verification
• 50% upon successful transfer or registration

You can also use an escrow service or advocate’s account to hold the funds until the transfer is complete.

7. Working With Unverified Land Sellers or Brokers

The Mistake: Trusting random individuals, social media ads, or cheap deals without verifying who you’re buying from.

The Solution: Work with registered real estate companies like Gutherema Real Estate or confirm that the seller:

• Has an original title deed
• Can show personal ID or company registration
• Has past client references
• Provides official payment receipts

Avoid “deals too good to be true” — they usually are.