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WTT Lichuma Advocates LLP

Legal Guide · Property & Conveyancing

Property Title Search in Kenya: What Buyers Should Verify

What an official land search in Kenya shows, what it does not, and the extra checks buyers need to confirm that a title is genuine and free to transfer.

WTT Lichuma Advocates LLP 6 min read

"Have you done a search?" is the first question any Kenyan advocate asks a property buyer. An official search is the foundation of every safe property transaction. But a search is only as useful as the person reading it — and on its own, it does not tell you everything you need to know.

This guide explains what a land title search in Kenya shows, what it does not, and the extra verification a buyer needs before relying on a title.

What is an official search?

An official search is a formal record, issued by the land registry, of the information held on the register for a particular parcel or title on the date of the search. Under the Land Registration Act 2012, the register is the primary evidence of who owns land and what interests affect it.

Many registries — including those in Nairobi — have migrated to the Ardhisasa online platform, where searches are applied for and issued electronically. For others, searches are still conducted at the registry. Either way, the search should be obtained by or for your advocate, not taken from a copy provided by the seller or an agent.

What a search shows

A typical official search confirms:

| Item | Why it matters | |---|---| | Registered owner(s) | The person or company with legal title — who must sign the transfer | | Nature of title | Freehold or leasehold; for leasehold, the term and the lessor | | Size and parcel details | That the land matches what is being sold | | Charges | Mortgages that must be discharged before or at completion | | Cautions and restrictions | Entries that prevent dealings without consent or a court order | | Inhibitions and court orders | Orders that freeze dealings with the land |

If any encumbrance is shown, it must be removed or dealt with in the sale agreement before you pay the balance.

What a search does not show

A clean search is necessary, but not sufficient. A search does not, by itself, reveal:

  • Fraud in how the title was created. A title obtained through forgery or an irregular process can be challenged even if the register looks clean today.
  • Occupiers' claims. People living on or using the land may have claims — for example under adverse possession or a family arrangement — that are not registered.
  • Boundary problems. The register does not guarantee that the plot on the ground matches the map.
  • Unpaid rates or land rent. These are confirmed separately with the county government and, for leasehold land, the lessor.
  • Planning restrictions. Zoning and user conditions are confirmed through planning records and the lease terms.
  • Family interests. Spousal rights in a matrimonial home and the interests of beneficiaries of a deceased owner's estate.

The extra checks that complete the picture

  1. Seller verification. Confirm the identity of the seller against national ID or passport and KRA PIN. For companies, an official company search confirms who can sign.
  2. Title history. Where available, review the history of entries on the register for irregular or rapid transfers.
  3. Survey verification. A surveyor checks beacons and compares the physical plot with the registry index map.
  4. Site visit. Establish who is in occupation and how the land is being used.
  5. Rates and rent clearance. Obtain clearance from the county and, for leasehold land, confirmation that land rent is paid.
  6. Consents. Identify whether spousal consent or Land Control Board consent will be needed.
  7. Succession status. If the registered owner has died, confirm that a grant has been issued and confirmed and that the seller is entitled to deal with the land.

These checks are set out in sequence in our property due diligence checklist for buyers.

Timing matters

A search reflects the register on its date. Registration can change between the search and completion. Your advocate should update the search close to completion and use the sale agreement to protect you against new entries — for example by making completion conditional on a clean, updated search.

Warning signs in a search result

  • The registered owner is not the seller, and no valid power of attorney or court authority is produced.
  • A recent transfer just before the sale, especially at an undervalue.
  • A caution lodged by a family member or a third party.
  • Entries that do not match the documents the seller has provided.

When problems appear, they are not always fatal. Some can be resolved with consent, a discharge or a court process. Others mean the purchase should not proceed. If a dispute already exists over the land, our land matters and disputes service can advise on the options.

A practical illustration

This example is illustrative only. It does not describe a real client or matter.

A buyer receives a recent search result from a seller's agent showing a clean title. The buyer's advocate obtains a fresh official search directly. It shows that a caution was registered two days after the date of the agent's search, by someone claiming a purchaser's interest in the same land.

The seller had, in fact, agreed to sell the plot to two different buyers. Because the buyer had not paid anything, it could walk away.

The lesson is simple: obtain the search yourself, through your own advocate, and update it close to completion. A search shows the register only on the date it is issued.

Key takeaways

  • An official search shows the registered owner, tenure and encumbrances on a given date.
  • A search does not reveal fraud in how a title was created, occupiers, boundaries, rates or family interests.
  • Complete the picture with seller verification, survey checks, a site visit and clearances.
  • Obtain the search through your own advocate and update it before completion.

How WTT Lichuma can help

Our property due diligence service carries out official searches and the wider verification above, and reports the results with a clear recommendation. It sits within our conveyancing and real estate practice, which then takes the transaction through to registration.

Frequently asked questions

Can I do a land search myself on Ardhisasa?

Registered users can apply for searches on the platform. However, interpreting the result — and carrying out the checks a search does not cover — is where professional advice adds value.

How long is a search valid?

A search shows the register on the date it is issued. It should be updated shortly before completion.

Does a clean search mean the title is genuine?

Not necessarily. It shows what is on the register, but it does not prove how the title was created. Further verification is needed.

What if the search shows a charge?

The charge must be discharged — usually from the sale proceeds at completion — and the sale agreement should deal with how that happens.

Need a title verified? Contact our property team.

This article is general information on Kenyan law at the date of publication. It is not legal advice for your situation, and reading it does not create an advocate–client relationship. Speak to an advocate before acting on it.

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