When purchasing property, one of the first steps you must take is verifying that the title to the land is legitimate. A title search is a crucial process that ensures the property you’re interested in doesn’t have hidden legal issues, unpaid rates, or fraud.
In lay mans terms, it is a process in which you verify the legal ownership of a property by examining the title deeds at the Land Registry. Whether you're buying land or an existing property, this search is a very important step.
Let’s explore the title search process in Kenya and why it's essential to avoid future property related problems.
How to Conduct a Title Search: Step-by-Step Guide
Performing a title search can be done in a few simple steps. Here’s how to conduct it:
Gather Property Details
Before you start the title search process, gather important property details, such as the land reference number, title deed number, and the name of the registered owner.
Visit the Land Registry Office
You can physically visit the land registry office located in Nairobi or your respective county to carry out the search. At the office, fill out the search request form and pay a small fee.
Use the e-Citizen Platform
Alternatively, the country has made it easier for citizens to perform title searches online via the e-citizen platform. Simply log in to your account, navigate to the land services section, and follow the instructions to request a title search.
Obtain the Certificate of Official Search
Once you submit your request, the land registry will issue a certificate of official search. This document contains key details about the property, including the current owner, encumbrances, any legal disputes, or restrictions tied to the land.
What Does the Title Search Reveal?
A title search can reveal important information that impacts your decision to buy the property. It shows:
Ownership Status
You can confirm the current owner and verify that they have the legal right to sell the property.
Encumbrances and Liens
A search will flag any debts, unpaid land rates, or legal claims on the property.
Land Use Restrictions
The certificate may reveal zoning laws or other conditions that limit how the property can be used.
Disputes and Court Cases
If the land is involved in any ongoing disputes or legal actions, the search will highlight them, preventing you from acquiring problematic property.
Importance of Title Search
Conducting a title search is the best way to protect yourself when buying property. It ensures the land is free from legal issues and ownership disputes.
By identifying any problems upfront, you can decide whether to proceed with the purchase or avoid potential financial risk. It’s your safeguard against buying property that could lead to costly legal battles or loss of investment.
