With the current job market not favourable to most Kenyans, some have resorted to a life of crime, specifically defrauding unwitting citizens in several schemes, including sales of fake land.
In most cases, victims do not realise they have been duped until they have to present their title deeds for verification of any kind, and it is deemed fake.
Therefore, Kenyans must learn how to verify their title deeds, as the Ministry of Lands has estimated that over 10 per cent of title deeds in circulation may be fraudulent.
Besides fake title deeds, there are other land scams perpetrated through double selling, ghost plots, fake companies and selling land that does not belong to them.
Here are some of the ways in which Kenyans can protect themselves from falling for either of the above scams.
Conducting a Land Search/Verify Title Deed
To confirm the existence of the land you are seeking to buy through a land search, whether physically at the local land registry or online at Ardhisasa.go.ke.
At the Ministry of Lands, one should visit the local land registry where the land is located and then fill out a land search application form.
You will be required to attach a copy of the title deed and your ID, pay the required fee and then wait two to three working days for the results.
For the Ardhisasa website, register as a user using your ID and phone number and then enter the parcel number or title deed details.
You will have to make payment through mobile money, and you can then view and download the search results.
This process can also be used to verify the legitimacy of a title deed and typically costs between Ksh500 and Ksh1,000, depending on the county.
Verify the Land Seller’s Identity
Always verify the identity of the person you are buying land from by asking for official registration documents like the national ID or passport, and match them with the name on the title deed.
Ask also for their Kenyan Revenue Authority (KRA) PIN Certificate, especially for transactions and tax purposes.
If they are acting on behalf of the landowner, ask for a power of attorney, a legal document that grants them the right to act for the landowner.
If a company is selling to you, seek the certificate of Incorporation, a CR12 form that shows the current directors of the company, and a company PIN and ID of the directors.
Work with the Right Professionals
This will often include a lawyer, a surveyor, a land valuer, or a licensed real estate agent.
Gathering the right team of professionals will not only save you the struggle of overseeing all the processes but will also ensure you do not fall for a carefully curated scheme that can slip through an unprofessional eye.
For instance, a lawyer can conduct the land search at the Ministry of Lands or on Ardhisasa, verify that the land title is clean and free of encumbrances and draft the sale agreement.
A surveyor can visit the property and use official maps to confirm the land boundaries, identify any encroachments, disputes, or illegal developments, prepare a mutation form if the land needs subdivision, and help with beacon installation and boundary demarcation.
A valuer, on the other hand, can assess the current market value of the land, provide a valuation report used for tax calculation and help you determine if the asking price is fair, while a real estate agent can act as an intermediary between the buyer and the seller.
Inspect the Land
To escape land scams like ghost plots, where Kenyans are duped through fake images of non-existent land, you should always ensure that you physically inspect the land you are seeking to buy.
Take a day and visit the land parcel, armed with the land’s title deed number, a map or sketch of the land, a trusted surveyor and even a camera to take photos for later comparison.
You could do this through different seasons to assess the state of the land, whether rainy or dry, to better understand the land you are about to buy.
Look out for beacons or physical markers that define the land’s boundaries, as well as the accessibility of the land through clear roads, to avoid landing a plot surrounded by private land with no public road access.
Also check for the topography and soil quality, developments in the area and community insights from neighbours.
Check for Red Flags
There are a number of warning signs to be aware of. Question everything, and when it is too good to be true, think twice.
These red flags can include drastically low prices, high-pressure tactics forcing you to make an offer quickly, and vague or missing documents like title deeds, IDs or KRA PINs.
When promised to buy first before receiving the title deed later, demand transparency by asking to see the title deeds from previous clients.
Check to confirm if the company is legitimate on the company's registry. If it does not have a physical address or lacks a working phone number, it is probably fraudulent.
