Carrying out a search on by buying property

The purchaser should conduct a search at the Land Registry to ensure that the vendor has a good tittle. To this end, he should pay searching fees, which approximately Kshs.250. He may choose to conduct the search himself, which is known as a personal search or unofficial search. The purchaser pays the search fees and is allowed access to the the deed registry, that is, if the property is registered under Government Lands Act or the Register. However, it is advisable to conducy an official search, whereby the registar does the search itself and he takes the responsibility of investigating the title for you and of the accuracy of the search.

Every purchaser should ensure that she or he has carried out a search, preferably an official search. Searches allow the purchaser to verify that the vendor is actually the owner of the property that he is purpoting to sell. They also indicate whether the property is tied. If the vendor has taken a loan aganaist the property, then a charge will be registered aganaist the title of the property. Should the vendor insist that he has paid off the loan, you should not proceed with the sale until a discharge has been registered by the bank as evidence that the loan has induced been paid off, and that the property is not tied by the loan.

The vendor should procure the Rates Clearance to show that he has paid the rates on the property.


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