Title and Ownership Checks

Last reviewed: 7 September 2026

Quick Answer

Title and ownership checks answer one basic question: does the person or company selling the property have the right to sell what is being offered, on the terms being discussed?

For Nairobi buyers, this can involve title search, tenure, encumbrances, company authority, family or estate authority, sectional title context, developer project ownership and whether the advertised property matches the legal documents.

Main Risk

The seller is not the owner or has not shown authority to sell.

What To Verify

  • Confirm the owner, seller, developer or project company named in the documents.
  • Ask how the title, mother title or sectional title position connects to the exact property.
  • Have an advocate check search results, tenure, encumbrances and transfer readiness.

Documents To Request

  • Copy of title or mother title
  • Official land search or advocate-led search confirmation
  • Seller identity, company or authority documents

Best Next Step

Request buyer risk review

Use when the property looks attractive but the risk picture is still unclear.

Start this review

Buyer Fit

Buyer Profiles This Check Helps

Use the path that matches your buying situation before turning this safety check into a viewing, document request, legal review or payment decision.
Foreign BuyersOwnership, legal process, local representation, payment path and post-purchase management.Cash BuyersSpeed, negotiation power, payment confirmation, document timing and before-deposit discipline.Mortgage BuyersLender fit, valuation risk, approval timing, deposit terms and completion alignment.First-time BuyersSequence, budget discipline, document timing and safer first-purchase checks before deposit.

What Can Go Wrong

These are the common weak points that turn a promising property into a risky next step.

  • The seller is not the owner or has not shown authority to sell.
  • The title has an encumbrance, caveat, dispute or issue the buyer did not understand.
  • The property is leasehold but the remaining term, rent or renewal context is ignored.
  • The apartment is marketed clearly, but the sectional title or mother title position is not understood.
  • A company, family, estate or power-of-attorney sale proceeds without authority being checked.

What Buyers Should Verify

Use these checks before moving from interest into commitment, payment or signing.

  • Confirm the owner, seller, developer or project company named in the documents.
  • Ask how the title, mother title or sectional title position connects to the exact property.
  • Have an advocate check search results, tenure, encumbrances and transfer readiness.
  • Confirm who must sign if the seller is a company, estate, family member or representative.
  • Check whether land rates, rent, consents or clearances may affect completion.
  • Make sure the property being shown matches the documents being presented.

Documents To Request

The document request should match the buying stage and the type of property being considered.

  • Copy of title or mother title
  • Official land search or advocate-led search confirmation
  • Seller identity, company or authority documents
  • Power of attorney where a representative is selling
  • Sectional title or apartment ownership explanation where relevant
  • Rates or rent clearance position where applicable
  • Draft transfer or sale agreement documents when the transaction is ready

When To Pause the Transaction

A pause is useful when the buyer needs evidence before money or signatures move forward.

  • The seller's name does not match the ownership documents and no clear authority is shown.
  • You are discouraged from using your own advocate.
  • The title, plot, unit or project details keep shifting during discussion.
  • There is pressure to pay before an official search or document review.
  • The ownership explanation is based on trust, relationship or urgency instead of documents.

Who This Matters Most For

Some buyers feel this risk more sharply because of distance, budget, buyer stage or property type.

  • Buyers of resale houses, villas and townhouses.
  • Apartment buyers trying to understand sectional title or mother title context.
  • Foreign buyers clarifying tenure and ownership limits.
  • Diaspora buyers who cannot physically follow every office or site visit.
  • Buyers purchasing from a company, family, estate or representative.

Advisor Note

Title confidence is not created by a photo of a document alone. The buyer needs the document, the official check, the ownership story, seller authority and the property itself to line up before payment feels sensible.

Related Due Diligence Links

Continue With the Checks Behind This Decision

These pages help you move from concern to evidence, especially where documents, title, developer position or payment timing still needs review.

Title VerificationUnderstand the title, search, tenure and encumbrance questions to ask.Property VerificationCheck that the property details, seller position and documents match.Land SearchHow search questions fit into property verification.Property Due DiligenceTitle, document, seller, developer and payment checks before commitment.

FAQ

Is seeing a title copy enough?

No. A title copy is a starting point. The buyer should still confirm the official position, ownership, tenure, encumbrances and seller authority through proper review.

Why does seller authority matter?

A person can market or introduce a property without having authority to sell it. The buyer needs to know who can legally commit to the transaction.

Do apartments always have sectional titles?

Not always in a way the buyer may immediately understand. Apartment buyers should ask how ownership will be transferred and what title or management structure applies.