The seller has shown you a clean title deed in a plastic folder, and it looks reassuring. A deed is only paper until an official search confirms what the register actually says, which is why careful purchases in Kenya begin at the lands registry, not at the signing table.
What is an official title search?
An official search is an application to the lands registry for certified information about a title held under the Land Registration Act, 2012. It discloses the registered proprietor, the description of the parcel, and the encumbrances, charges, caveats, cautions and restrictions, noted on the register. Searches are equally important where the seller is an administrator of a deceased estate, since the grant should match the register.
How do you conduct a search at Ardhi House?
Searches for titles registered in Nairobi are lodged at the lands registry at Ardhi House, using the prescribed application form and fee, together with a copy of the title deed or the parcel number. A certified official search is usually issued within a few working days. Some land searches can be initiated online through eCitizen, but a purchase should still rest on a certified official search. Where the parcel is registered under the historical Registration of Titles Act regime, the search will also cite the registry, volume and folio of the title.
What does the search reveal?
- The name of the registered owner and any co-owners or administrators.
- Registered charges, and whether a discharge has been lodged.
- Caveats, cautions and restrictions that would block registration.
- The correct parcel description, to match against the agreement and the beacons on site.
When should a search be repeated?
Searches go stale. A charge or caveat registered after your search will still bind the transaction, so searches should be repeated immediately before completion and again before lodgement of the transfer. A registry index map search is also worthwhile where the parcel’s boundaries are in question. CS Advocates LLP conducts official searches as a core part of its conveyancing due diligence in Nairobi; our practice areas page describes the wider land law services we provide.
For guidance on your specific situation, contact CS Advocates LLP, call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.