How to Select a Property Lawyer in Real Estate in Kenya
Did you know that property lawyer protect buyers against fraudsters? In this article, we are going to look at what you need to know when you want to select a property lawyer.
To begin with, property ownership in Kenya is governed by various laws. At times, the law has various jargons that a common man may not understand.
Many opt to use a lawyer to interpret the clauses in agreements contained in key documents for land ownership.
There are a number of laws and acts in property ownership in Kenya. They include;
- Land Titles Act
- Matrimonial Property Law
- Sectional Properties Act
- Succession Laws
- Land Act
- Distress for Rent Act
- Land Registration Act etc.
In most cases landowners may not know and where to begin when selecting a lawyer.
Which Lawyer is in charge of real estate transactions?
The most ideal lawyer to handle real estate transactions is a conveyancing lawyer.
Basically, he helps with the settlement and title transfer process. They ensure the client meets all legal obligations and that their client’s rights are protected during this transaction.
Tips to select a trustworthy property Lawyer
Always work with a registered lawyer
First, all Lawyers are legally registered in Kenya by the Law Society of Kenya. Ensure you work with a lawyer who is registered in Kenya and is allowed to operate.
Secondly, it is very easy to check whether the lawyer is registered or not. You will visit the LSK website and search for their official name.
Do not work with a lawyer who has been suspended by Advocates Complains Commission due to malpractice.
Lawyer with a physical office and official contacts
Do not engage a lawyer who does not have a physical office or official contacts and addresses. It is also advisable to visit the office in person.
Experienced property lawyer
It is important to work with a lawyer who understands the practical aspects of conveyancing.
Vet them to know how long he/she has been in business. Additionally, get to know the record of conveyancing transactions they have done.
Choose a Lawyer who understands Land Laws and Policies
There are various laws and acts in Kenya that regulate land ownership both for leasehold and freehold.
Get to know whether the lawyer is well equipped with knowledge of how these laws affect you both now and in the future.
Honest and transparent lawyers
Be careful of any lawyer who is not willing to disclose a time when a property he handled ended up being fraudulent.
Any lawyer who is not honest about their successes and failures is a red flag. Further, they should be able to advise you on the most probable outcome of activity in conveyancing.
A good communicator
Choose a Lawyer who is intentional in communication and will update you throughout the process. This includes sharing letters and important updates.
Work with a Lawyer who does not over emphasize paying fees beyond the input and/or output.
Last but not least, if you notice your potential lawyer is focusing more on payment of fees other than protecting your interests first, that is a red flag.
How You Can Verify a Lawyer in Kenya
To begin with, it is important to verify a Lawyer before you engage them.
Secondly, all practicing Lawyers in Kenya are registered by the Law Society of Kenya. Below is a step-by-step procedure on how to verify a Lawyer.
- The first step is to log into Law Society of Kenya Website
- At the search tab, input the official name of the Lawyer under search
- Press enter and you will get all the details of the Lawyer including their office
Finally, don’t just choose someone because they are practicing law. Not everyone practicing law is a lawyer, some are rogue and thrive on riding on innocent people who do not have the know-how to identify genuine lawyers in Kenya.