Many talkers have suggested that investing in land is a sure source of investment, the problem i have is with the system, how can i ensure that i buy land in a legal manner.What are the things to watch out for? anybody with some insider knowledge? i don’t want to be conned, iv’e heard horror stories of shamba moja kuuziwa watu watano.What are the prime places? and what procedure should one follow to buy land.
D0 a root search extending back to 13 years
why 13 years?
and make sure you engage a reputable law firm in the deal
what is a root search?
@Riddim…Safe to assume that that is when the first change of ownership occurred for most properties after registration of the sub divisions or Grant
@jameson…Normally, an ordinary search will just reveal the particulars of the current owner. But when you do a root search(employ a reputable lawyer or surveyor), the seek to investigate the title right from the first registration on the mother title, to even the process of acquisition. In short, it goes much deeper than an ordinary search
fanya iyo root search…limitation period in land matters is 12 years kuma nisha…if someone comes to your land which legally belongs to you and stays there uninterruptedly for a period of 12 years(yaani shamba ni yako na unamwangalia akiwa hapo bila kumtoa na bulldozer or whatever)after that period the person can register it as his.
fanya search kijana, halafu avoid shamba za kifamilia eg shamba ina jina ya baba/babu ya mwenye kuuza…enda fuatilia kwa kanjo pia ujue kama kuna future developments…enda kwa ministry of roads,transport, development etc ujue kama iyo shamba ni road reserve ama kuna future plans maka ma bypass etc
Agreement, agreement is the key here…have alwayz said xcuse my writing
to be continued…
Kwa ufupi inaitwa adverse pocession.
kabisa, professionaly speaking…but iyo story yote hapo juu ni lay mans language
What of plots being sold with reference to a mother title? Ati shamba ikiuzwa yote ndio individual title inapatikana?
@Ladyette…That might be a con in the making
The surest way is to obtain a certificate of official search and a certified copy of the register (Green Card). It will give you an assurance that the property is indeed registered in the government registers.
That way, at least you can sue the government if it turns out that there is a problem with the records.
Ongea na mimi vipoa nikujenge.
who’s best suited to assist with this research?
A lawyer who has specialised in conveyancing or a surveyor
you do a search with referemce to that mother title…thats a good starting point, and at this point you can do a retrospective search…especially the subdivided land being sold by a company ama zile shamba zimekatwa katwa forming an estate/gated community…
@Ladyette kama ni iyo ya kusubdivide tafadhali insist on the mother title uifanyie search…search ni soo tano…kama kuweka becon ni kazi yako utatafuta surveyor na asilipishe more than 5k
the title has sections…kuna propriotorship sections withdetails about the owner plus his ID…there is encumberance section inaonesha status ya shamba whether kuna easements,whether charged…yaani kama iyo shamba imetumiwa kama collateral like kuchukua loan so in that case wacha ikae(izo shamba za kugawanishwa inaeza kuwa na loan ama bado maliziwa)…etc etc
kama shamba ni clean on the face of it…enda check the status of land rates kwa kanjo(hapa pia utacheki nani mwenye shamba)…na land rent(hapa pia utacheki mwenye shamba ni nani
then do an agreement…prepare transfer documents
peleka agreement ichapwe stamp duty…
to be continued…
Good points @kevinmvita, much appreciated.
you welcomed daktari
Very informative, other guys with details, can also contribute…