The seller has shown a clean title deed in a plastic folder, and it looks reassuring. A deed is only paper until the register confirms what it says. In Kenya, the authoritative account of who owns land and what burdens it is held at the lands registry, which is why careful purchases begin with an official search rather than with the signing table. This article explains what an official search discloses, how it is obtained, and how to read the result before money moves.
What an official search is, and what it is not
An official search is an application to the registrar for certified information about a title registered under the Land Registration Act, 2012. It is issued from the register, not from the seller’s file, and it is the buyer’s own check on the state of the title at a particular date.
A search is not a valuation, a survey or a physical inspection. It does not confirm that the buildings on the ground match the title, that the boundaries are where the fence runs, or that the person offering the land is the person entitled to sell it. Those questions need separate checks. A search is also not a guarantee against fraud; it is evidence of what the register said when the search was issued.
What the register discloses
A certified search typically identifies the registered proprietor, describes the parcel, and lists the encumbrances and entries noted against the title. The table below sets out the common entries and what they usually require.
| Entry on the register | What it usually means | What to do |
|---|---|---|
| Registered proprietor | The person or entity in whose name the land is registered | Match the name to the seller’s identification and to the sale agreement; check for co-owners |
| Parcel description | The number, area and location of the land | Compare with the deed, the map and the site |
| Tenure and term | Freehold, or a leasehold term with an expiry date | For leasehold, calculate the unexpired residue and read the lease conditions |
| Charges | A mortgage or other security registered against the title | Require a discharge or the lender’s release at completion |
| Caveats and cautions | Claims or notices that restrict dealings with the land | Establish who lodged them, why, and whether they will be removed before completion |
| Restrictions | Conditions on use, subdivision or transfer | Confirm that the buyer’s intended use is permitted |
The search may also note registered leases, easements or a transmission to administrators or beneficiaries. Each entry should be explained before the buyer commits, and the sale agreement should make completion conditional on the entries the buyer requires to be cleared.
How to apply at the registry
Searches are lodged at the lands registry responsible for the county where the land is situated; Nairobi titles are dealt with at the registry at Ardhi House. The application uses the prescribed form and fee, and is accompanied by a copy of the title or the parcel number. A certified official search, signed and stamped by the registry, is what a buyer should obtain; an uncertified printout or a copy passed on by the seller is not a substitute.
Some land services can be initiated through eCitizen, and the position changes as the registries digitise. Confirm the current channel, form and fee with the registry before lodging, and allow for processing time when setting the completion date.
Reading the result with care
Start with the proprietor. The name on the search must match the seller’s official identification and the name in the sale agreement. Where the land is registered in the names of several proprietors, all of them must be parties to the sale, or the agreement must explain the authority of the person who signs. Where the proprietor is an administrator of a deceased estate, the confirmed grant should match the register, and the sale should be made by the administrator in that capacity.
Then check the parcel. The number, area and location on the search should match the deed, the registry index map and what is on the ground. A discrepancy in the parcel number is a reason to stop and investigate, not a detail to be sorted out later. Where boundaries matter, a registry index map search adds information the title search does not.
Finally, read the entries. A charge means the land is security for a debt, and the buyer needs a discharge at completion. A caveat or caution means someone has asserted an interest, and the buyer needs to know the basis of the claim and how it will be removed. A restriction may limit subdivision, use or transfer. Older titles registered under earlier statutes may be described by volume and folio, and titles in the process of conversion to the current register need to be checked for their current status.
When to repeat the search, and what else to search
Searches go stale. A charge, caveat or restriction registered after the buyer’s search will still affect the transaction, so the search should be repeated immediately before completion and again before the transfer is lodged for registration. The later searches are what protect the buyer against a seller who has dealt with the land in the interval.
A title search is one part of due diligence, not the whole of it. Where the seller is a company, a company search and a CR12 are needed. Where the land is agricultural, Land Control Board consent may be required. Where rates or land rent are payable, clearance certificates should be obtained. Where the property is let, the leases and the tenants’ position need attention. A lender financing the purchase will require its own search before disbursement.
A search file checklist
- The application form, the fee receipt and the date the search was requested.
- The certified official search, kept in its original form.
- A note of every entry on the search and the explanation given by the registry or the seller.
- Evidence of how each charge, caveat, caution or restriction will be cleared before completion.
- The repeat search taken immediately before completion, and a further search before lodgement.
- A registry index map search where boundaries or the extent of the parcel are in question.
- Company, succession, rates and land rent documents where the transaction requires them.
Primary sources
- Land Registration Act, 2012, Kenya Law.
- State Department for Lands and Physical Planning: land registries, for the registry serving the county where the land is situated.
- State Department for Lands and Physical Planning: frequently asked questions, on conversion to the current register and registry index maps.
- eCitizen, for land services that can be initiated online.
- Kenya Law, for the current text of the land statutes.
This article is general information, not legal advice.
