Land is a very important resource and a very heavy asset for anyone seeking economic or
agricultural investment.
Demand has led into the following types of land-related crimes:
- Falsification of Title Deeds
Check Criminal Appeal 67 of 2013, Benard Wambua Nzuki vs Republic
The Penal Code CAP 63 Laws of Kenya Section 350(1) Any person who forges any
will, document of title to land, is liable to imprisonment for life, and the court
may in addition order that any such document as aforesaid shall be forfeited.
In this section, “document of title to land” includes any deed, map, roll, register or
instrument in writing being or containing evidence of the title, or of any part of the
title, to any land or to any interest in or arising out of any land, or any authenticated
copy thereof. - Boundary alteration and beacons interference
Interfering with land beacons and fences is an offense that could see you jailed as
Land Registration Act 2012, Section 21 provides imprisonment for a term not
exceeding two years, a fine of up to Sh200,000 or both for anyone who defaces or
removes a boundary without instructions of the Registrar.
Moreover, anyone found guilty of interfering with a property boundary shall also be liable
to pay costs of restoring it. - Trespass
Trespass Act (Cap. 294) prohibits the trespassing and some related activities,
without reasonable excuse, on private land or any land without consent of the owner of
the land. - Fraudulent double/multiple land sales
- Succession Land Disputes
Beware of these Land scam indicators, - Lack of Proper Documentation
Lack of proper documentation is a red flag for land scams in Kenya. All land
transactions must be documented and registered with the relevant authorities.
Failure to produce proper documentation such as title deeds, survey plans, and land
search certificates is an indication that the land being sold may not be genuine or may
have ownership disputes.
Additionally, scammers may use fake documents to deceive unsuspecting buyers. It is
important for buyers to conduct due diligence and verify all documentation before making
any payments. - Urgency to take prompt action
Pressure to act immediately from a land seller is a red flag for a potential land scam.
Scammers often use high-pressure tactics to rush buyers into making hasty decisions
without conducting proper due diligence. The Kenyan law requires that all land
transactions be conducted in accordance with the Land Control Act, which stipulates that
all land sales must be registered and approved by the relevant authorities. Additionally,
the Land Registration Act requires that all land transactions be conducted through a
registered lawyer or licensed land agent. Therefore, any seller who pressures a buyer to
act immediately without following these legal procedures is likely a scammer - False Advertisement
The sale of land in Kenya is governed by the Land Control Act, which requires that all
land transactions be in writing and signed by both parties. Any inconsistencies in the
information provided by the seller could indicate fraudulent activity, such as selling land that
does not belong to them or misrepresenting the size or location of the property.
Additionally, the Land Registration Act requires that all land transactions be registered with the
government to ensure their validity. Failure to register a transaction could also be an indicator of
fraudulent activity.
It is important for buyers to conduct due diligence before purchasing any land, including
verifying ownership and ensuring that all necessary documentation is in order. Seeking legal
advice and working with reputable real estate agents. - Reluctancy in getting you to view the land
It is mandatory for land sellers to provide access to the land for inspection by potential buyers.
Failure to do so may indicate that the seller is hiding something or trying to deceive the buyer.
Additionally, it is important for buyers to conduct due diligence on the property and verify its
ownership and legal status before making any payments.
The Land Act of 2012 and the Land Registration Act of 2012 provide guidelines on land
transactions in Kenya. These laws require transparency and accountability in all land dealings,
including the provision of accurate information about the property and its ownership.
In conclusion, if a land seller is reluctant to allow you to view the property, it is advisable to
exercise caution and conduct thorough research before proceeding with any transaction. - Paying to personal accounts
Paying to personal accounts instead of a company account is an indicator of a land scammer
in Kenya.
According to the Kenyan Land Act of 2012, all land transactions must be conducted through a
registered and licensed entity.
Paying to personal accounts is not only illegal but also risky as it makes it difficult to trace the
transaction and the seller in case of any disputes or fraud. Additionally, scammers often use
personal accounts to avoid paying taxes and other legal obligations.
CONCLUSION
Malindi Shamba Solutions ltd is a licensed entity that is safe and secure from all land scamming
and fraudulent activities in buying and selling of land.
Our company is registered with the relevant government authorities and complies with all the
legal requirements for conducting land transactions. We conduct thorough due diligence on all
properties before listing them for sale, ensuring that they have valid ownership documents and
are free from any encumbrances or disputes. Our team of experienced professionals also
provides legal guidance to our clients throughout the transaction process, ensuring that they are
protected from any potential risks or fraudulent activities.
