Here's the process restructured around when and how your lawyer should be involved at each stage:
1. Do initial groundwork:
Request a copy of the title deed from the seller or agent, showing the owner's name, LR number and parcel details. Compare the name on the title to the seller's ID question any mismatch. Walk the physical boundaries where possible, so you have a first-hand sense of the property before formal due diligence begins.
2. Engage a Qualified Lawyer Early
Bring in a lawyer before any money changes hands, rather than relying on the seller's documents or a broker's assurances. A lawyer's involvement from this point covers everything that follows.
3. Due Diligence Your Lawyer Should Conduct
An official search at the Ministry of Lands Registry or via Ardhisasa, to confirm the registered owner and check for caveats, charges or encumbrances. Verification that the LR number matches what you were shown. Confirmation that land rates and land rent are paid up, via clearance certificates. For off-plan developments: verifying the developer is registered, checking county planning approvals, and confirming the land isn't disputed.
4. Boundary Verification With Professional Support
Where your own walk-through isn't enough, your lawyer can help arrange a professional survey to formally confirm boundaries match official records before you commit.
5. Contract Stage: Lawyer Drafts and Reviews
Your lawyer drafts or reviews the sale agreement, ensuring terms reflect what was verified in due diligence and protecting your interests as buyer.
6. Payment Structured Through Your Lawyer
Avoid paying the full price upfront. Payments should be:
Tied to verified milestones. Held via your lawyer's client account or a reputable escrow arrangement.
7. Transfer and Registration
Your lawyer ensures the transfer is properly and legally registered, completing the process, this is the final check that ownership has genuinely passed to you.
