Capacity to sell the land in property buying

If the vendors are trustees, check from the trusy deed that they have the power to lease or sell property. If it is a limited company , this can be ascertained from the Memorandum and Articles of Association, if the director(s) or the vendor has necessary power from its objects to sell property. The vendor can provide the Memorandum and Articles of Association to the seller.

It is however advisable to conduct a search at the Companies Registry to ensure that the vendor is actually a registered company and to confirm who the directors of the company are. While dealing with companies, the agreements should be sealed and signed by the directors. Purchasers must ensure that the sealing requirements have been compiled with. He should carefully read the Memorandum and the Articles of Association before proceeding with any transaction.

If it is a statutory body, governed by statute, ensure that the enabling statutes give the body the power to buy or to sell property. If the property belongs to a deceased person, ensure that personal representatives of the deceased have grant of probate or letters of adminstration. The succession Act prohibits dealing with deceased property without getting the letters of adminstration where there is bo will or grant of probate where there is a will.

If the property that you want to purchase is agricultural land, check whether it is subject to the Land Control Act and that the consent has been given. Check from local authorities to ensuee that they do not want to use the land for road widening and that zoning restrictions will not restrict your use of the property. If purchasing urban land, ensure that planning consent has been obtained.

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