Land disputes in Kenya often trace back to the same mistake: a buyer accepted a document that looked convincing but did not actually confer ownership. Two documents in particular are frequently confused, an allotment letter and a title deed, and the difference between them matters a great deal.
An allotment letter is a promise, not a title
An allotment letter is issued when land, usually public or government land, is offered to an applicant. It sets out the terms on which the land may eventually be registered in the applicant's name, often subject to conditions such as payment of fees, a survey, or development within a set period. It is evidence of an offer, not evidence of ownership.
A title deed, by contrast, is issued once the land has been formally registered under the applicant's name at the relevant land registry. It is the document a court will treat as proof of ownership, and it is what should ultimately change hands, or be updated, in a genuine sale.
Questions to ask before you pay
- Has the allotment been converted into a registered title, and can that be verified at the registry or on ArdhiSasa?
- Are all conditions attached to the allotment, such as land rates or development covenants, fully met?
- Is the seller named on the document the same person signing the sale agreement?
- Does an independent search show any caveats, cautions or charges against the parcel?
A cautious buyer treats an allotment letter as the start of due diligence, not the end of it. Engaging a conveyancing advocate to confirm exactly what stage the land is at, before any money changes hands, is the surest way to avoid paying for a promise that was never completed.
