PRACTICE AREA
OLM Law offers expert real estate legal services in Kenya — property transactions, conveyancing, development, disputes and more. Consult our specialist lawyers today.
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Full-service real estate and property law support for investors, developers and occupiers.
Title due diligence, conveyancing, lease negotiation, development financing, mortgage and charge documentation, sectional titles, real estate investment trusts (REITs), construction contracts (FIDIC), and land disputes before the Environment and Land Court. We work across residential, commercial, retail and mixed-use developments in Nairobi, the Coast region and county-government leasehold land.
What we advise on. We handle the full property lifecycle: title due diligence and searches, conveyancing for sales and purchases, lease negotiation and registration, development and joint-venture agreements, mortgage and charge documentation, sectional-titles work, real estate investment trusts (REITs), construction contracts (including FIDIC-based forms), and land and construction disputes. We act on residential, commercial, retail, industrial and mixed-use developments.
Governing law and regulators. Our work is grounded in the Land Act 2012, the Land Registration Act 2012, the Sectional Properties Act 2020, the Physical and Land Use Planning Act and the Stamp Duty Act, with disputes heard in the Environment and Land Court. We deal with the Ministry of Lands, county governments and the National Land Commission on registration, consents and approvals.
Who we act for. We act for developers, landowners, purchasers, banks and other lenders, REIT sponsors, contractors and tenants. Whether the matter is a single conveyance or a multi-phase development, we focus on clean title, enforceable security and deals that complete on time.
Why OLM for real estate and property. Title risk is the silent killer of Kenyan property deals. Our due diligence is thorough, our conveyancing is prompt, and our combined real estate and finance capability means acquisition and funding workstreams move in step rather than in sequence.
Our real estate lawyers in Nairobi act for developers, investors, lenders and occupiers on property transactions throughout Kenya. As a full-service property lawyer in Nairobi, OLM handles acquisitions and disposals, title due diligence, commercial leases and development agreements from first offer to final registration. For development and building projects we also field experienced construction lawyers in Kenya.
Property transactions in Kenya involve a layered legal framework — the Land Act 2012, the Land Registration Act 2012, county planning legislation and the Stamp Duty Act — that creates significant technical risk for buyers, sellers, developers and lenders who navigate it without specialist advice. An error in the title due diligence process, an ambiguous clause in a sale agreement, or a failure to obtain the required Land Control Board or NEMA consent can delay or entirely derail a transaction. OLM’s real estate lawyers work at every stage of the transaction cycle, from the initial title search through to registration and post-completion obligations, to identify and manage that risk before it becomes a dispute.
Kenya’s real estate law draws from the Land Act 2012 (which governs the rights of land owners, mortgagees and tenants), the Land Registration Act 2012 (which establishes the system of title registration and the principle of indefeasibility), the Physical and Land Use Planning Act 2019 (which governs development permissions at county level) and the Stamp Duty Act (which imposes stamp duty on transfers at 4% in urban areas and 2% in rural areas). Overlay that with environmental licensing requirements under NEMA, sectional property titles under the Sectional Properties Act 2020, and the specialist financing documentation required for construction and development projects, and the transactional landscape is one that rewards careful legal preparation.
Our conveyancing lawyers in Kenya manage the complete sale and purchase process: official searches, sale agreements, transfer documents, stamp duty and registration. We give a written cost estimate at the outset so conveyancing fees in Kenya are clear before you commit. For a full walkthrough of the process, timelines and documentation, see our guide to conveyancing in Kenya.
We handle property transfer for buyers, sellers and lenders, draft and register commercial and residential lease agreements, and advise on land transfer in Kenya including consents, control board approvals and title registration.
How much are conveyancing fees in Kenya? Conveyancing fees in Kenya typically include stamp duty (4% urban / 2% rural of value), land registry search and registration fees, and legal fees. We provide a full written quote before you commit, with no hidden disbursements.
Do I need a property lawyer in Nairobi to buy or lease property? Engaging a property lawyer in Nairobi protects you against title fraud, undisclosed encumbrances and defective transfers. Our real estate lawyers conduct full due diligence before any purchase money changes hands.
OLM’s property transaction work covers both the buyer’s and the seller’s side of residential and commercial acquisitions, including title due diligence, drafting and negotiation of sale agreements, management of the consents and clearances process, accounting for stamp duty at the Kenya Revenue Authority, and lodgement of the transfer at the land registry. For lenders, we prepare the mortgage and charge documentation, undertake the title investigation on behalf of the financier, and ensure that the security is validly registered. For developers, we handle the subdivision, unit transfer and titling process that converts a completed development into individually registerable sectional units.
Property disputes in Kenya are heard by the Environment and Land Court, a specialist division of the High Court created by Article 162(2)(b) of the Constitution. The court has jurisdiction over all disputes relating to land and the environment, including title disputes, boundary disputes, adverse possession claims, landlord and tenant disputes and contested compulsory acquisition. OLM has experience before the Environment and Land Court in Nairobi and in county centres, and advises clients on the choice between litigation, arbitration and mediation depending on the nature of the dispute and the relationship between the parties.
All land transactions in Kenya must be documented in writing to be enforceable, and the quality of the contractual documentation — the sale agreement, the lease, the development agreement, the sub-contract — directly affects the parties’ ability to enforce their rights if the transaction goes wrong. OLM drafts and reviews contracts across the full range of property work, from simple residential conveyancing agreements to multi-party development agreements and international FIDIC-form construction contracts. Our approach is to produce documentation that is clear, comprehensive, and enforceable, and that accurately reflects the commercial deal the parties have agreed.
The right real estate lawyer brings more than transactional competence — they bring knowledge of the specific sub-market you are operating in, whether that is commercial development in Nairobi, agricultural land acquisition in the counties, or residential off-plan purchases in a satellite town. Start by confirming that the firm practises property law as a core discipline, not as an occasional service line. In Kenya, property transactions can touch multiple legal regimes — the Land Registration Act, the Land Act, the Physical and Land Use Planning Act, and the stamp duty provisions of the Stamp Duty Act — and a lawyer who practises this area regularly will navigate those interactions without delay.
Ask about experience with the specific type of transaction. A conveyancing lawyer who primarily handles residential resales may not have the drafting depth for a joint venture development agreement or a ground lease over leasehold land. Equally, a firm that mainly acts for developers may not prioritise the turnaround speed that individual purchasers require when transaction timelines are tied to mortgage drawdown conditions.
Check that the lawyer has a working relationship with the relevant land registries and access to the Ardhisasa platform for title searches and official search results. Delays in registry queries can hold up an entire transaction; a lawyer with established workflows at the Nairobi, Mombasa, or upcountry registries will manage this part of the process more efficiently.
Finally, ask for a clear written fee estimate before instructing. Conveyancing fees in Kenya are not regulated by a fixed statutory scale for all transaction types, so the basis on which fees are calculated — whether a percentage of the transaction value, a fixed fee, or an hourly rate — varies between firms. A well-run firm will give you a cost estimate at the outset and flag in advance if circumstances arise that may affect it.
Property transactions in Kenya carry specific legal risks that a qualified real estate lawyer is trained to identify and manage. Understanding the most common challenges helps buyers, sellers and investors approach transactions with appropriate due diligence rather than relying solely on the representations of the other party.
Fraudulent title documents remain a significant risk in the Kenyan market. This includes forged title deeds, counterpart titles obtained by fraud from the land registry, and misrepresentation of boundaries or land use classifications. The introduction of the Ardhisasa platform has reduced — but not eliminated — the scope for fraudulent dealings in parcels registered in Nairobi, because the system links title data to the national identity database. For parcels outside the Ardhisasa coverage area, official searches and physical verification remain the primary protection.
Misrepresentation by sellers or their agents is another source of dispute: inaccurate disclosures about existing encumbrances, undisclosed cautions or inhibitions registered against the title, and misstatements about planning permissions or development approvals. A thorough official search — covering the land registry, the relevant county planning authority, and the Roads Department where road access is material — will surface most of these issues before a binding agreement is signed.
Land disputes in Kenya range from boundary disagreements between neighbouring owners to adverse possession claims and competing interests arising from historical land allocations. Cautions and inhibitions registered against a title are visible on a search, but informal claims — including family or community claims to land that was allocated individually under an earlier regime — may not appear in the formal register and require local investigation to identify.
Disputes in gated developments and sectional title schemes raise a distinct set of issues: allocation of common areas, service charge obligations, and the rights of the management company or body corporate. Where a dispute has already arisen before a property is offered for sale, any pending litigation is a serious due diligence flag; a search of court records at the Environment and Land Court is advisable for higher-value transactions. Our real estate team advises on pre-transaction dispute risk assessment and, where a dispute is already live, on negotiated resolution strategies that allow a transaction to proceed on appropriate terms.
How do I verify land ownership before buying in Kenya? Through an official search at the relevant land registry, confirmation of the registered proprietor and any encumbrances, and physical and survey verification of boundaries. We conduct full title due diligence before any purchase money changes hands.
What taxes and fees apply to a property purchase in Kenya? Stamp duty (typically 4% for urban land and 2% for rural land on the value), registration fees, and legal fees. We provide a full cost estimate at the outset, including disbursements, so there are no surprises at completion.
What is sectional title and why does it matter? The Sectional Properties Act 2020 governs ownership of individual units in a building (such as apartments and offices) with shared common areas. Proper sectional-title registration is essential for financing and resale; we handle conversion and registration.
What is the conveyancing process for buying property in Kenya? It runs from offer and sale agreement, through due diligence and searches, to transfer documents, payment of stamp duty, and registration. We manage each step to completion.
Navigating the Kenyan property market carries real legal complexity — from verifying title and conducting due diligence through to negotiating the sale agreement, obtaining land control board consent, paying stamp duty and registering the transfer. Each stage involves obligations under the Land Registration Act, the Land Act and the relevant county planning framework, and a misstep at any of them can delay or derail a transaction, expose a buyer to undisclosed encumbrances, or leave a seller unable to enforce a completion notice.
The value a qualified real estate lawyer brings is not simply technical — it is the ability to anticipate problems before they arise and to resolve them efficiently when they do. Whether you are purchasing residential land in Kiambu, acquiring commercial premises in Westlands, investing in a sectional title apartment off-plan, or establishing a family trust to hold property for the next generation, early legal engagement consistently produces better outcomes than late remediation. OLM Law’s real estate practice is available to advise at every stage, from initial title search to post-registration compliance, ensuring that your interest in the property is protected, properly recorded and readily enforceable.
OLM Law is a full-service law firm with a dedicated real estate and property practice that covers the full spectrum of property work in Kenya. Our clients include private individuals purchasing their first home, established developers managing multi-phased residential schemes, institutional investors acquiring commercial buildings, and lenders taking security over property in support of development finance. What unites them is the need for clear, commercially aware legal advice from lawyers who understand both the technical land law and the commercial realities of the Kenyan property market. Whether the transaction is straightforward or complex, whether the instruction is to buy, sell, develop, lease, finance or dispute a property, OLM brings the experience and resources to deliver. Contact us to speak with a member of our real estate team.
Industry sectors we advise in this area: Real Estate & Construction · Hospitality & Tourism · Energy & Natural Resources
Related practice areas: Banking & Finance · Projects & PPP · Capital Markets
Guides & FAQs: Land Buying in Kenya: Title Search, Due Diligence & Transfer Process · Buying Property in Kenya: FAQ · Off-Plan Property in Kenya: FAQ · Conveyancing in Kenya: Process, Timeline & Fees · Stamp Duty on Property in Kenya · Commercial Lease Agreements in Kenya · Evicting a Commercial Tenant in Kenya · Can a Foreigner Buy Land in Kenya? · Sectional Titles in Kenya · Land and Property Disputes in Kenya · Real Estate Development and Joint Ventures in Kenya
See also: Representative Matters · Our Lawyers · All Practice Areas
