Conveyancing disputes are common in Kenya and can arise from a variety of issues during the transfer of property ownership. Here are some common causes of conveyancing disputes in Kenya and their resolutions:
- Disputed Ownership: Disputes over property ownership can arise when multiple parties claim ownership of the property. The resolution is to conduct a thorough search and verification of the property ownership to establish the rightful owner.
- Boundary Disputes: Boundary disputes occur when the boundaries of the property are unclear or disputed. The resolution is to conduct a survey of the property to determine the exact boundaries, and then negotiate a resolution with the affected parties.
- Incomplete or Inaccurate Information: Incomplete or inaccurate information provided during the conveyancing process can lead to disputes. The resolution is to ensure that all information provided is accurate and complete, and to conduct thorough due diligence before making any transactions.
- Breach of Contract: Breach of contract occurs when one party fails to fulfill their obligations as stated in the contract. The resolution is to seek legal advice and enforce the terms of the contract, which may include compensation for damages.
- Delayed Transactions: Delayed transactions can occur due to various reasons such as slow processing, missing documentation, or lack of communication. The resolution is to communicate effectively with all parties involved and ensure that all necessary documentation is in place to facilitate a smooth transaction.
- Fraudulent Transactions: Fraudulent transactions occur when one party deliberately provides false information or forges documents to facilitate the transfer of ownership. The resolution is to seek legal advice and take legal action against the party responsible for the fraud.
The conveyancing disputes in Kenya can be avoided by conducting due diligence, communicating effectively, and seeking legal advice when necessary. However, if disputes do arise, they can be resolved through negotiation, legal action, or by enforcing the terms of the contract.