Why A Green Card Search Matters in Land Acquisition as a form of Due Diligence

1.0 Understanding the Green Card in Kenyan Land Transactions

A green card is an actual green piece of paper that maps out a property’s history. It lists all previous owners and when they owned that piece using a hard-to-alter systemized method. This makes it one of the most important documents in due diligence and a must-have before buying land. You will find this document in the land registry.

A Green Card is an official government document maintained by the Ministry of Lands and Physical Planning. It serves as the master record of a property’s history, detailing:

• Ownership changes
• Legal transactions
• Encumbrances (e.g., mortgages, caveats)

Fun Fact: It’s called a Green Card because the original document was green. However, certified copies issued today are often white.

2.0 Relevance of the Green Card in Purchases of Land

Buying land is a major investment, and due diligence is key. Here’s why the Green Card is a must-check document:

1.         Proves True Ownership

• The Green Card lists all past and current owners, ensuring the seller has legal rights to transfer the land.
• Helps you avoid fake sellers and double-selling scams.

2.         Reveals the Land’s Full History

• Tracks every transaction since the land was first registered.
• Exposes disputes, illegal transfers, or pending legal cases.

3.         Protects You from Fraud

• A title deed alone can be forged, but the Green Card is the official government record.
• Cross-checking both documents ensures authenticity.

3.0 The contents of the Green Card? (Structure & Key Details)

A green card has three sections: The property section with property details, including the map sheet number you will ask for at the registry; the Proprietorship section with details of previous registered owners and Encumbrances listing all the charges to that property. Any discharges will also appear here to show, without a doubt, that the property is free to transfer.

A Green Card has three main sections:

Section	Details Included
Part A: Property Details	– Land Reference (LR) Number – Size (in hectares/acres) – Location (Map Sheet No.)
Part B: Ownership History	– Names of all previous & current owners – Transfer dates & transaction details
Part C: Encumbrances	– Mortgages, charges, or loans against the land – Caveats (legal warnings) – Disputes or court orders

 

4.0 The process of Obtaining & Verifying a Green Card

1: Submit an Application

• Only lawyers, licensed surveyors, or the registered owner can request a Green Card.
• Apply at the Ministry of Lands or relevant county registry.

2: Pay the Required Fee

• The current fee is KSh 2,500 (subject to change).

3: Verify Against the Title Deed

• Ensure details on the title deed match the Green Card.
• Any discrepancies could indicate fraud.

Pro Tip: Always involve a real estate lawyer to help verify documents.

 

5.0 FAQs in Kenya

1.         Can anyone access a Green Card?

No—only property owners, lawyers, or licensed surveyors can request it.

2.         How much does a Green Card cost?

Approx. KSh 2,500 (plus legal fees if using a lawyer).

3.         What if the Green Card and title deed don’t match?

This could indicate fraud—consult a lawyer immediately.

4.         Is the Green Card the same as a title deed?

No—the Green Card is the official record, while the title deed is issued to the owner.

5.         Where can I get a Green Card?

At the Ministry of Lands or respective county land registry.

6. Is the green card essential for due diligence when buying land in Kenya?

A: Yes, its importance cannot be overemphasized. The green card shows all the property details, from the title deed number to all its previous and current owners.

7. Can a lost green card be replaced?

A: Yes, you can apply for a replacement with all the details of the lost green card since all the information is available at the Land’s Registry.

8. Is a green card ever closed?

A: Yes. When land is subdivided and new titles issued, new green cards, the same number as the new title deeds, are opened. You can still commission a copy of the old green card from the Registrar in writing.

6.0 Common Mistakes to Avoid When Buying Land in Kenya

1.         Skipping Green Card Verification – Never rely on a title deed alone.

2.         Ignoring Encumbrances – Check for mortgages, caveats, or disputes.

3.         Not Hiring a Lawyer – A legal expert ensures a smooth, fraud-free transaction.

The Green Card is the most reliable document for verifying land ownership in Kenya. All buyers should confirm Green Card details before purchasing land.

7.0 Conclusion 

Important Considerations:

• Not all properties have Green Cards:

Properties under the Land Titles Act (LTA) generate Green Cards. Properties under the Registered Titles Act (RTA) and Government Land Act (GLA) do not. 

• Verification is key:

Always verify the authenticity of the Green Card with the issuing authority. 

• Consult a professional:

Engage a real estate lawyer for assistance with the application and verification process.