Investigating title at the Lands Registry is crucial for all land transactions. This is to verify the statement of facts earlier supplied to you by the donor and to avoid the plea of caveat emptor. The foregoing are 5 salient points to consider when investigating title at the Lands Registry;
Investigating title the lands registry,
- Ensure that the description of the land at the Lands Registry corresponds with the description given by the donor.
- Ensure that the signatures in the instruments at the Lands Registry are consistent with the ones in the abstracted documents earlier given by the donor.
- Check if there are any encumbrances affecting the land such as charges, restrictive covenants or undischarged mortgage.
- Where the land is developed, confirm if the building plans are approved by the appropriate authorities.
- Verify if there is any sale of the landed property to another party.
These are key areas to look out for when carrying out your investigation or due diligence at the Lands Registry, Ministry of Lands.
Physical inspection of the land;
Note also that the land must be visited to ascertain the following;
- Whether the boundaries correspond with the description given by the donor.
- Whether there is any indication of dispute or occupation.
- Whether any other person is in occupation of the land.
- If the property is developed, it must be ascertained whether there is compliance with the relevant planning regulations.
- Owners of adjourning or adjacent plots should be ascertained.
- What is the state of social facilities and restrictions, such as road, electricity, water, drainage etc
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