How to Conduct a Successful Conveyancing Search in Kenya

Conducting a successful conveyancing search in Kenya is essential when buying or selling property. It involves verifying the legal ownership of the property, checking for any encumbrances, and ensuring that there are no outstanding debts or disputes associated with the property. Here are the steps to follow to conduct a successful conveyancing search in Kenya:

1. Hire a reputable lawyer or conveyancing professional: It is essential to engage the services of a qualified lawyer or conveyancing professional to conduct the search. They have the expertise to interpret legal documents and advise on any potential issues that may arise.
2. Obtain the title deed: The title deed is the legal document that proves ownership of the property. It contains important information such as the property’s location, size, and any restrictions or encumbrances on the property. It is important to obtain a copy of the title deed from the seller or the Land Registry.
3. Verify the title deed: Once you have obtained the title deed, you should verify it with the Land Registry. This will ensure that the title deed is genuine and that there are no errors or discrepancies in the information provided.
4. Search for encumbrances: Encumbrances are any legal claims or rights that may affect the property. Examples include mortgages, liens, or easements. A search for encumbrances will reveal any outstanding debts or legal claims on the property.
5. Check for outstanding rates and taxes: It is important to check whether there are any outstanding rates or taxes associated with the property. This will help you avoid any unexpected costs or liabilities.
6. Conduct a physical inspection: It is important to conduct a physical inspection of the property to verify its condition and to ensure that it matches the information provided in the title deed.
7. Obtain a search certificate: Once the search is complete, you should obtain a search certificate from the Land Registry. This document confirms that the property is legally owned by the seller and that there are no outstanding encumbrances or disputes associated with the property.