09/06/2020
*WHAT YOU MUST KNOW WHEN BUYING LAND*
Land purchases are based on the *buyer beware principle.* Before you ever purchase Land;
1. *Understand the particular Land Tenure system in that area* ( Mailo, Leasehold, Freehold and Customary).
2. *Understand the nature of interest of the vendor;* whether individual proprietorship, beneficial proprietorship or joint proprietorship. *Also confirm identity of Vendor and marital status of Vendor*
3. *Examine the documents of title for incumbrances, caveats, mortgages, easements, pre-sale conditions/ consents for leases, lease extension pre-conditons and third party rights* . Understand the content of vendor's agreement for customary land.
4. *Conduct a search with the Lands Registry to determine ownership* . Never purchase land without obtaining a search certificate from the Min. Of Lands.
5. *Determine if there other unregistered interests or rights on titled land* i.e. beneficiaries, unregistered sales, tenants, lessees, sub- lessees. Understand that your purchase is subject to pre-existing rights, i.e sub-lessee, bonafide occupants
5. *Conduct a physical inspection of the land to ascertain if any occupants or activity on land and by whom* . Never purchase land without visiting the land and enquire with local authorities.
6. *If purchase from a company or artificial body, obtain a registered resolution to that effect. Ensure the person transacting is empowered to transact. See Form 20 of the Company for Directors and Identity of person transacting.*
6. *Obtain consent from the spouse for family land (land where the family resides or farms).* and which particular spouses enjoys rights over land for polygamous homesteads.
6. *If the land constitutes estate property, only transact with legal administrator or executor*. Don't transact with the widow, first born or heir unless they hold Letters of Administration.
7. *Ensure whether vendor is literate.* If illiterate, ensure certificate of translation forms part of a
