REAL ESTATE &
PROPERTY

Real Estate &
Property

Experienced and sophisticated real estate lawyers for all types of real estate transactions and disputes in Kenya.

Clay & Associates Advocates is uniquely positioned to provide comprehensive and easy-to-understand legal counsel to clients engaged in all types of real estate transactions and disputes in Kenya and around East Africa.

Our lawyers have the skill and technical know-how to represent Chama groups, lenders, private real estate funds, developers, investors, entrepreneurs, and businesses in matters, transactions, and litigation related to acquiring, financing, developing, selling, leasing commercial properties, and any area around real estate.

Changing real estate and property global trends demand lawyers who understand your needs as well as the law. The way we construct, operate, invest in, and use property has been transformed. Modular construction, new investment models, and the rise of prop-tech are all opening up exciting new opportunities.

Whatever your real estate legal needs, Clay & Associates Advocates’ team is available to provide you with specifically tailored and client-focused legal service solutions at a predictable and agreeable fee.

Find out more about what Real Estate & Property legal services can be offered to you or your business, by contacting our law practice on +254 20 2100 999 or email us at [email protected].

Real Estate &
Property

ON YOUR SIDE

Every real estate deal requires a document. As your real estate transactional lawyers, we will prepare the documents that make your deal go smoothly. Our real estate lawyers will negotiate the deal terms and makes sure that the document accurately reflects your individual or business needs.

After the contract is signed, we will you with due diligence: land registry search, title, environmental impact assessments, regulatory, change of user, financing, and the transfer of title.

Finally, our law firm will help you prepare the documents needed for closing: an opinion letter, land registry search, resolutions, assignments of leases and assignments of rent, and other documents.

Clay & Associates Advocates also helps you with other real estate documents: leases, easements, charges, mortgages, refinancings, and subdivision of land for development.

Our lawyers are available to assist clients with all types of development projects ranging from standalone retail, industrial, mixed-use, multi-family, and office properties to planned communities and larger mixed-use developments.

Collaborative Approach

SYNERGY IN STRATEGY

We are available to guide you through every stage of the development process, beginning with deal structure, capital procurement, and transaction negotiation, through physical, survey, and title-related due diligence and issues.

Following the closing of your commercial real estate transaction, we remain ready to assist throughout your ownership on leasing matters, future refinancing, and disposition.

We assist owners, operators, developers, lenders, tenants, and institutional investors and advisors with a wide variety of real estate & property-related transactions as well as litigation.

Contact Us Today.

MAIN OFFICE
Rattansi Educational Trust Building,
3rd Floor, Suite E12,
Koinange Street,
Nairobi, Kenya.
WORKING HOURS
Mon - Fri: 8am – 5pm

Frequently Asked Questions

What Real Estate & Property legal Services does the law firm offer clients in Kenya?

Acquisitions and Dispositions

  • Devise and negotiate tax-efficient ownership and joint venture structures for developers and investors, often involving numerous layers of debt and equity

Finance

  • Handle all aspects of real estate finance, including commercial mortgage loans, collateralized debt obligations, mezzanine financing, construction and permanent financings, portfolio loan acquisitions, subordinated debt financing, syndicated loans and participations, sale-leaseback financings, synthetic leases, preferred equity investments, public offerings, and repurchase facilities

Land Use and Zoning

  • Assist owners, developers, and investors with all facets of land use and zoning, including planning, development, entitlement, operation, and leasing
  • Work to secure critical approvals, such as comprehensive plan amendments, special exceptions, rezonings, variances, special use permits, bond approvals, wetlands permits, and subdivision and/or site plan approvals

Real Estate Leasing

  • Represent landlords and tenants on the leasing of office, industrial, warehouse, and retail space

Corporate Facilities

  • Assist clients with the acquisition, entitlement, financing, and development of corporate, R&D, and manufacturing facilities
  • Structure leases, build-to-suits, sale-leasebacks, and synthetic leases for all types of corporate facilities

Construction and Development

  • Advice on all aspects of development and construction, including land acquisition, zoning and entitlements, property covenants and restrictions, and acquisition, construction, and permanent financings
  • Draft and negotiate contracts with contractors, construction managers, architects, and engineers

Hospitality

  • Advise lenders, developers, owners, and operators of hotel, resort, gaming, fractional, and private residence club properties on all aspects of involvement in the hospitality industry

Joint Ventures/Funds

  • Assist in the formation of limited and general partnerships and joint ventures for real estate acquisition and development
  • Advice on corporate, tax, and antitrust matters

Real Estate Fund Formation

  • Work with fund managers and sponsors to develop and apply efficient strategies for forming real estate funds and tailor funds and pooled investment vehicles to target investors
  • Structure and implement upper-tier relationships among principals of real estate funds and related management structures
  • Advice on applicable Kenyan regulatory requirements

Conservation & National Reserves

  • Assist clients with the acquisition and disposition of lands, the creation of conservation easements, the creation, and restructuring of access easements, and water rights agreements.
  • Advice on the regulatory environment on wildlife and conservation trusts.

Data Centers

  • Provide comprehensive solutions for our clients in planning, zoning, acquiring, financing, constructing, and leasing data centers, both domestically and internationally
  • Counsel on the strategic planning, zoning, contract negotiations, and leasing of centers once fully constructed

Restructuring of Distressed Real Estate

  • Advise clients in purchasing and disposing of distressed real estate, including large portfolios, mortgages, and other forms of indebtedness
  • Work with lawyers in our bankruptcy and litigation practices to handle all aspects of loan workouts, restructurings, and foreclosures, both inside and outside of court
I need help buying a new home.

Buying a new home is an exciting life event but it can feel overwhelming when starting the process. Whatever process you choose, from mortgage or other real estate financing product, self-supervised construction, or upfront cash payments, our law firm is here to help you.

Our real estate & property lawyers are here to help you navigate the path to due diligence, exchanging contracts, and moving into your new home above and beyond your expectations including insurance advice for home insurance policies, contractor agreements, restructuring advice when dealing with lenders.

Accessing easily understood and straightforward legal advice has never been easier with Clay & Associates Advocates.

What real estate & property dispute resolution legal services are provided by the law firm?

Not every real estate deal or real estate relationship goes perfectly. Sometimes you will need to go to court to protect your interests.

Our real estate litigators know Kenyan land laws and how a judge might understand property law.

Typical types of real estate litigation include beacon or boundary disputes, adverse possession, defects in title, disputes related to charges, tax including capital gains tax and stamp duty, lender disputes with banks or SACCOs, breach of contract cases, landlord-tenant matters, and commercial lease termination disputes.

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Rattansi Educational Trust Building, 3rd Floor, Suite E12, Koinange Street, Nairobi, Kenya.

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Clay & Associates Advocates is registered as a law firm under the Laws of Kenya and regulated by the Law Society of Kenya.

Our professional indemnity cover is underwritten by Britam General Insurance. We may record calls.

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