{"id":17766,"date":"2023-06-29T12:08:52","date_gmt":"2023-06-29T12:08:52","guid":{"rendered":"https:\/\/malindishamba.com\/?p=17766"},"modified":"2023-06-29T12:08:54","modified_gmt":"2023-06-29T12:08:54","slug":"key-indicators-to-identify-land-scammers-and-fraudulent-transactions-when-buying-land-in-kenya","status":"publish","type":"post","link":"https:\/\/malindishamba.com\/?p=17766","title":{"rendered":"KEY INDICATORS TO IDENTIFY LAND SCAMMERS AND FRAUDULENT TRANSACTIONS WHEN BUYING LAND IN KENYA."},"content":{"rendered":"\n

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:
<\/p>\n\n\n\n

    \n
  1. Falsification of Title Deeds<\/strong>
    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<\/strong>
    will, document of title to land, is liable to imprisonment for life<\/strong>, and the court
    may in addition order that any such document as aforesaid shall be forfeited.
    In this section, \u201cdocument of title to land<\/strong>\u201d 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.<\/li>\n\n\n\n
  2. Boundary alteration and beacons interference<\/strong>
    Interfering with land beacons and fences<\/strong> is an offense that could see you jailed as
    Land Registration Act 2012, Section 21 provides imprisonment for a term not<\/strong>
    exceeding two years, a fine of up to Sh200,000 or both<\/strong> 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.
    <\/li>\n\n\n\n
  3. Trespass<\/strong>
    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.<\/li>\n\n\n\n
  4. Fraudulent double\/multiple land sales<\/li>\n\n\n\n
  5. Succession Land Disputes
    Beware of these Land scam indicators,<\/em><\/strong><\/li>\n\n\n\n
  6. Lack of Proper Documentation<\/strong>
    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<\/strong>, and land<\/strong>
    search certificates<\/strong> is an indication that the land being sold may not be genuine or may
    have ownership disputes.
    Additionally, scammers may use fake documents<\/strong> to deceive unsuspecting buyers. It is
    important for buyers to conduct due diligence and verify all documentation before making
    any payments.<\/li>\n\n\n\n
  7. Urgency to take prompt action<\/strong>
    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
    <\/li>\n\n\n\n
  8. False Advertisement<\/strong>
    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<\/strong>
    information<\/strong> provided by the seller could indicate fraudulent activity, such as selling land that<\/strong>
    does not belong<\/strong> to them or misrepresenting the size or location of the property.<\/strong>
    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.
    <\/li>\n\n\n\n
  9. Reluctancy in getting you to view the land<\/strong>
    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<\/strong> 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.<\/li>\n\n\n\n
  10. Paying to personal accounts<\/strong>
    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<\/strong>
    Malindi Shamba Solutions ltd<\/strong> 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.
    <\/li>\n<\/ol>\n","protected":false},"excerpt":{"rendered":"

    Land is a very important resource and a very heavy asset for anyone seeking economic oragricultural investment.Demand has led into the following types of land-related crimes:<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-17766","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/malindishamba.com\/index.php?rest_route=\/wp\/v2\/posts\/17766","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/malindishamba.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/malindishamba.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/malindishamba.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/malindishamba.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=17766"}],"version-history":[{"count":1,"href":"https:\/\/malindishamba.com\/index.php?rest_route=\/wp\/v2\/posts\/17766\/revisions"}],"predecessor-version":[{"id":17767,"href":"https:\/\/malindishamba.com\/index.php?rest_route=\/wp\/v2\/posts\/17766\/revisions\/17767"}],"wp:attachment":[{"href":"https:\/\/malindishamba.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=17766"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/malindishamba.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=17766"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/malindishamba.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=17766"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}