Milimani Environment and Land Court Judge has come out to explain why due diligence is not enough for land buyers to avoid land cons who are out to scam them.
According to Judge Ogutu Mboya, kenyans must wake up and learn new ways to ensure that they are not scammed. This he explained should be done in various ways.
Historical Land Searches. According to Ogutu, Kenyans should on top of document verification do a historical land search to ascertain who the seller got the land from and how they got the land that they are selling.
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“There is yet another concept that has come forth and it is very critical. It is not enough to do due diligence, you must undertake historical interrogation and investigation of the land to know how someone got the land and where they got it from.”
This helps the buyer know if the land has had cases over the years and how many times it has been sold and who is the legal owner.
Future land buyers should also seek information from the Land Survey offices to establish how the land has been subdivided and passed down over the years at the Directorate of Survey.
“This will take you away from the land registration section and dispatch you to the directorate of the survey to discern the survey maps.”
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This comes after the judge claims to handle clases whereby both the defendant and plaintiff have original title deeds in their possession. Therefore making documents not enough in land buying.
“Just the other day, we had demolitions on land which was said to belong to Portland cement and there are Kenyans who say that they bought the land and got titles. So if they got titles, where did they get it from? They got it from some government office. So where is the security of the land tenure? How effective is the system? How effective will due diligence be?”