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Title due diligence: what careful buyers actually check

In Kenyan property transactions, the paperwork is the product. Here is what thorough due diligence usually covers — and why shortcuts are costly.

By Abdirizak Mahmood · Managing Advocate

Contemporary building facade suggesting property work

A clean-looking title is not the same as a clean transaction. Due diligence looks at the register, encumbrances, party capacity, planning and land-use issues where relevant, and the documents that move ownership from one party to another.

Typical work includes searches and review of the title, charges or caveats, confirmation of the seller’s authority to sell, and careful reading of the sale agreement before deposit money moves.

Diaspora buyers often rely on power of attorney and remote coordination. That can work well — provided identification, instructions, and document review are handled with the same care as an in-person purchase.

Every property is different. This overview is not advice on a particular title or deal; instruct counsel before you commit funds.

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This article provides general information and does not constitute legal advice. Contacting us or reading this page does not create an advocate–client relationship.

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