How to Check for Land Encumbrances Before Buying Property in Kenya (Step-by-step)
Buying land without checking for encumbrances is a fast way to lose money. An encumbrance (caveat, mortgage/charge, court order or other restriction) limits what the registered owner can do with the property and may block or invalidate a sale. Follow these steps to verify a clean title and reduce the risk of fraud or later disputes.
What to look for
Common encumbrances include: caveats (formal notices lodged at the Lands Registry), mortgages/charges (loans secured on the title), pending transfers, court orders, and statutory restrictions (e.g., conservation easements). Always confirm the register, physical title deed and survey plan before committing.
1) Get the exact title/parcel details
Start with the title number, parcel/plot number or a precise property description (county, location). You’ll need this for any official search and for survey verification. If the seller cannot give exact details, treat that as a red flag.
2) Do an official land search on Ardhisasa or eCitizen
The fastest, most reliable check is an official land search through the government portals Ardhisasa (Ministry of Lands platform) or eCitizen (for counties still on eCitizen). These searches show the registered owner, title type (freehold/leasehold), and any registered encumbrances such as caveats or charges. Online searches usually cost a nominal fee (commonly around KSh 500) and produce a stamped registry extract you can save as evidence.
3) Inspect the original title deed and certified registry extract
Compare the physical/original title deed shown by the seller to the official search. Confirm title number, owner names, parcel size and any notations. If the seller only offers a photocopy, request a certified copy from the Lands Registry. Originals or certified copies are essential to avoid forged documents.
4) Check specifically for caveats, charges and mortgages
A caveat (or caution) prevents the registrar from registering further dealings until it’s resolved; a charge or mortgage shows the land has been used as loan security. Both will appear on the official search. If you find them, insist on written evidence that they will be cleared (e.g., discharge letters from the lending bank) before proceeding.
5) Verify survey plan, boundaries and RIM
Encumbrances sometimes tie to specific portions of land. Confirm the survey plan and Registry Index Map (RIM) to ensure the title details match the physical boundaries. Hire a licensed surveyor to spot overlaps, encroachments or mismatched coordinates that often cause disputes after sale.
6) Check for Land Control Board (LCB) issues and county approvals
If the land is agricultural or “controlled”, ensure there’s evidence of LCB consent for any past transactions and that no outstanding LCB objections exist. Also verify county planning approvals where subdivision or change of use has been done. Missing approvals can create effective legal encumbrances.
7) Ask for encumbrance-clearance proof and follow up with banks/litigants
If the search reveals a mortgage or caveat, obtain written discharge or settlement letters from the bank or party that lodged the caveat. Independently verify the discharge with the bank (don’t rely on a verbal assurance). For court orders or litigations, request copies of court documents and check their status.
8) Use professional help & consider preventive filings
Always use a licensed conveyancing lawyer and a registered surveyor because they’ll run deeper checks (title history, chain of transfers) and spot hidden risks. If you’re negotiating a purchase, you can lodge a preventive caveat while investigations continue to stop third-party dealings.
Red flags to walk away from
- Seller refuses an official registry search or production of the original title deed.
- Multiple recent transfers or inconsistent owner names on the register.
- Unexplained caveats, recent mortgages, or pending court cases.
- Sellers who push for large cash payments or insist on off-record deals.
Final takeaway
Don’t skip any step. The cost of one missing verification is often far higher than the fees for a proper search.
Need help verifying a title, ordering a certified land search, or lodging a caveat? Thuo Gitau Land Investment Company LTD offers end-to-end title checks, survey coordination and conveyancing support to keep your land purchase safe and compliant.
