When Buying Land Always Insist On Individual Title Deed: Here’s why

It is today common to hear of fraud cases involving land buying agents/companies/brokers in Kenya – something that has left many in great pain of losing their money.

Most of these fraud cases result from an individual buying land that comes with a mother title – which is always risky or failing to do due diligence before sealing the deal.

Abraham Samoei, the president at the Institution of Surveyors of Kenya (ISK) advises that if you are buying land, whether from an individual or a company, never accept one that has a mother title.

“A land search becomes a risky affair with a mother title as it requires precision to size, the actual location of the parcel and the actual plot number,” says Samoei.

A land with a mother title deed also has a lot of uncertainty as companies do not have the capacity to subdivide the land and neither can they process individual title deeds.

With doing a background check to confirm if the land you want to purchase has issues or not being one of the things one need to do, it is usually impossible to do so if the title in question has a mother title.

Such pieces of land may also end up being auctioned – even it has been sold to several individuals unlike when you have an individual title where you can move to court to block the auction.

Also, in case a land buyer wants to use the title deed as security for a loan or mortgage, they cannot use the mother title. However, a ready individual title deed may be used as collateral.

The bottom line here is that buying land that has a mother title should top the list of ‘the 1000 ways to die in Kenya’.

A mother title deed does not carry the security of tenure because it could have other claimants.

According to the president of the Institution of Surveyors of Kenya (ISK) while title deeds are in the process, a survey is still a subdivision plan until it has been amended on official government registry maps.

A land search on a mother title lacks precision and spells uncertainty such that the purchaser has to wait for the individual title deed to be processed so that they can do another search that consumes both time and resources.

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