Real Estate & Property Law | Clay & Associates Advocates

Real Estate & Property Law.

Property transactions. Land law. Leasing. Dispute resolution.

Kenya's real estate market is one of the most active in sub-Saharan Africa, and one of the most legally complex. Title fragmentation, leasehold conversions, sectional property registrations, and the transition to the National Land Information Management System mean that every transaction carries risk if legal due diligence is not properly conducted.

Clay & Associates Advocates advises buyers, sellers, landlords, tenants, developers, and financiers across the full spectrum of real estate transactions and disputes. We conduct title searches, advise on encumbrances, prepare and negotiate transaction documents, and act in real estate disputes before the Environment and Land Court.

What We Do.

Our real estate practice covers the following areas.

Residential & Commercial Property Transactions.

We advise buyers and sellers in residential and commercial property transactions from offer to completion. Our work includes title due diligence, sale agreement drafting and negotiation, stamp duty advice, transfer documentation, and registration with the Lands Registry. We advise on leasehold conversions and extension of government leases.

Land Law & Title Regularisation.

We advise on title regularisation for properties with historical ownership issues, multiple registered interests, or incomplete registration. We advise on first registration, mutation surveys, subdivision, amalgamation, and conversion from old title systems to the Land Registration Act 2012 framework.

Commercial & Residential Leasing.

We draft and negotiate commercial leases for office, retail, and industrial premises, and residential tenancy agreements. We advise landlords and tenants on rent review clauses, service charge disputes, dilapidations, subletting and assignment, break clauses, and the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act 1965 where applicable.

Real Estate Finance & Security.

We advise banks, DFIs, and borrowers on property financing arrangements including facility agreements, legal charges, debentures, and priority security arrangements. We advise on security creation, registration with the Companies Registry and the Lands Registry, and enforcement of security including statutory power of sale and receivership.

Real Estate Development Advisory.

We advise property developers on project structuring, land acquisition, planning permissions, environmental impact assessments, construction contracts under the FIDIC and NEC frameworks, and off-plan sale agreements. We advise on sectional property registration under the Sectional Properties Act 2020.

Land Disputes & Compulsory Acquisition.

We handle land disputes including adverse possession, boundary disputes, riparian rights claims, and caution removals before the Environment and Land Court and the National Land Commission. We advise landowners on compulsory acquisition by the government, including compensation assessments, objection procedures, and appeals before the NLC and the ELC.

Real Estate Investment Structures.

We advise on the structuring of real estate investments through special purpose vehicles, real estate investment trusts (REITs) under the CMA framework, and joint venture arrangements. We advise family offices and institutional investors on portfolio structuring and exit planning.

Strata & Sectional Properties.

We advise on the creation, management, and disputes within strata schemes and sectional property developments under the Sectional Properties Act 2020. We advise on management company formation, by-law drafting, owners' corporation governance, and disputes between unit owners.

Agricultural Land & Conservation.

We advise on the acquisition, leasing, and use of agricultural land, including compliance with the Land Control Act (land control board consents), the Agriculture, Food and Fisheries Act, and conservation easements. We advise on community land matters under the Community Land Act 2016.

Related Insights.

View all insights

June 30, 2026

Community Land in Kenya: The Community Land Act 2016 Explained

Community land makes up an estimated 67 percent of Kenya’s total land area, yet for decades it sat in a kind of legal limbo, neither properly […]

Land Adjudication in Kenya: Process, Objections and Appeals

Large areas of land in Kenya, particularly land held under customary or communal arrangements, have never gone through a formal process of having individual rights ascertained […]

Estate Agent Registration in Kenya: The Estate Agents Registration Board Explained

Anyone selling, letting, or managing property on behalf of others in Kenya for reward must be registered with the Estate Agents Registration Board. This is not […]

Trusted in property matters across Kenya.

| Why choose us?

Planning a property transaction?

You get direct access to advocates who handle the full spectrum of property law — from conveyancing and title due diligence to development agreements and land disputes. We navigate Kenya's complex land tenure systems so your transaction closes cleanly.

Get in touch.