Relevance of a Green Card Search in land transactions

What is a Green Card?

A Green Card is the original register maintained at the land registry for a specific parcel of land. It contains the entire history of the land, from the initial registration to the present day.

The Green Card search is a critical component in land transactions and due diligence processes in Kenya, particularly when dealing with freehold or leasehold titles registered under the Registered Land Act (Cap 300, now repealed).

Relevance of a Green Card Search

1. Verification of Ownership

• Confirms the legal owner of the land.
• Shows the chain of ownership (from the first registration to the current owner).
• Helps detect any fraudulent transactions or irregular transfers.

2. Check for Encumbrances

• Reveals any charges, caveats, cautions, or restrictions registered against the land.
• Ensures the land is not under dispute, mortgaged, or tied up in litigation.

3. Historical Due Diligence

• Essential in tracing the origin and progression of ownership, especially in areas with high land fraud risk.
• Useful in verifying whether transfers and subdivisions were done lawfully.

4. Required for Certain Transactions

• Necessary when preparing for:
• Land purchases/sales
• Transfers
• Subdivisions
• Land use changes
• Lenders may also require it before approving financing.

5. Protection from Land Fraud

• Since land fraud is prevalent, a Green Card search provides an official source of truth beyond what is shown in a Title Deed.
• Title Deeds can be forged, but the Green Card (held at the registry) is much harder to falsify.