M u k u n a& Co.
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Property · 02.08.26 · 7 min

What businesses should know before entering a major property transaction

By Wilson Mukuna

Diligence, title and structure — the questions that matter before commitment.

Major property transactions fail less often on price than on what diligence did not surface in time: title defects, encumbrances, planning constraints, unresolved disputes, or a structure that does not match how the asset will actually be used.

Before commitment, the core questions are straightforward. Who holds title, and how? What burdens attach to the land? Are there court orders, caveats or competing claims? Does the intended use align with planning and lease conditions? What completion mechanics protect deposit and timeline?

For corporate buyers and developers, structure matters as much as conveyance. Share acquisitions, asset purchases and joint ventures carry different diligence scopes, tax consequences and succession risks. Choosing the path late is expensive.

A disciplined process — title investigation, searches, contract architecture and clear conditions precedent — converts uncertainty into known risk. That is the difference between a transaction that closes cleanly and one that becomes litigation.

This note is general guidance only and is not legal advice for a specific property. For a particular acquisition or disposal, instruct counsel before exchanging commitments.