22/07/2025
What to Do If a Seller Sold Your Land to Someone Else
If you purchased land and later found out the seller fraudulently resold it to another buyer, you have legal options to reclaim your rights.
Follow these steps:
1. Confirm Ownership Status
🔹 Conduct a land search at the Ministry of Lands to check the current registered owner.
🔹 Obtain an official search report and compare it with the transaction records.
2. Check Your Sale Agreement & Proof of Payment
🔹 Review your sale agreement to confirm:
✅ The seller's name matches the name on the title deed.
✅ The purchase price and payment details are documented.
✅ The seller had the legal right to sell the land.
🔹 Gather proof of payment receipts, bank transfers, or M-Pesa records showing you paid for the land.
3. Determine Whether the Title Was Transferred to You
There are two possible scenarios:
✔ If You Had Already Transferred the Title to Your Name
You are the legal owner, and the second buyer’s transaction is invalid.
File a caveat (restriction) at the land registry to stop any further transactions.
❌ If the Title Was Not Yet Transferred to You
The seller took advantage of the delay and resold the land.
The second buyer may have unknowingly bought fraudulently acquired property.
4. Report the Fraud Immediately
📌 File a Complaint at the Nearest Police Station
Report the matter as fraud or double sale under land laws and criminal law.
Attach all supporting documents (sale agreement, payment proof, land search report).
📌 Lodge a Complaint with the Land Registrar
Request the Land Registrar to place a restriction on the land.
This prevents any further ownership changes until the dispute is resolved.
5. Seek Legal Action Against the Seller
✔ File a Civil Case for Breach of Contract
If the seller breached the contract, you can sue for:
✅ Specific performance (forcing the seller to honor the deal)
✅ Compensation or refund if the land cannot be recovered
✔ File a Criminal Case for Fraud