When considering a land purchase, due diligence is paramount to ensure credibility and avoid complications down the road. A recent case involving the East African Portland Cement Company (EAPCC) and a land ownership dispute highlights the importance of thorough research and transparency in real estate transactions.
The EAPCC sold 900 acres of land to Kenya Railways, sparking a dispute with squatters erecting structures on the land. The National Land Commission (NLC) sought to clarify ownership but faced challenges in obtaining the necessary documents from the Ministry of Lands. This raised concerns about proper documentation and transparency in land deals.
One of the significant issues at play is the lack of a clear legal framework guiding evictions. Justice Isaac Lenaola emphasized the need for legislation to ensure evictions follow established guidelines, considering human rights and due process. This suggests a gap in the legal system that needs addressing to protect both property rights and vulnerable communities.
Before the Supreme Court ruling, relying on the principle of “innocent purchaser for value” was common. However, this changed, emphasizing the need for thorough due diligence beyond merely waving a title document. Potential buyers must delve into the land’s history and legality to ensure a clean and valid purchase.
In the case of the EAPCC land, multiple groups have claimed rights to the property, illustrating the complexity of land ownership disputes. Buyers need to carefully investigate and verify the authenticity of land titles to avoid becoming embroiled in similar conflicts.
Government accountability also comes into focus. The government’s role as the record keeper raises expectations of accuracy and reliability. Inaccurate or misleading information from government offices can have significant consequences, making it crucial for them to uphold their responsibilities.
In conclusion, the EAPCC land dispute sheds light on the necessity of due diligence and transparency in land purchases. Prospective buyers should conduct thorough research, verify land histories, and advocate for a legal framework that ensures fair and lawful property transactions. Stay informed and cautious to make wise land investments and avoid complications in the future. For personalized guidance on real estate matters, contact Amara Realty Company Limited. For more information about this click the link below https://shorturl.at/qyEG4
