Everyone looks forward to buying land in Kenya, whether it is getting land for his family or business. The process of buying land in Kenya follows the principles of the law of contract that guide both the buyer and the seller.
The process is governed by several provisions that parties must abide by to ensure the process is done appropriately. There are various steps that parties are encouraged to follow in order to buy land in Kenya.
Step 1: Land Identification
The first process of buying land in Kenya begins with a person identifying a suitable land for purchase. This in many cases can be done either directly or through agencies.
It is important to note that buying land in Kenya is a lucrative business that has attracted many interested parties both locally and internationally.
Because it is a lucrative sector, it has also attracted land scammers. This is why you need to ensure you follow the right process, and have the right professionals on your side, like a property lawyer in Kenya when buying land in Kenya.
Ensure that even at the stage of identification of the land for sale in Kenya, caution is exercised in identification of the property you intend to purchase to avoid fraud.
Step 2: Land Search
Following the identification of the property, the person who wants to buy the property must also be able to get a copy of the original title deed of the property identified, and conduct an official search from the land registrar.
The official search of the land will provide details of the registered owner of the property, the size of the land, and any other caveats or encumbrances against the property. The search is carried out by whoever desires to buy the land to ascertain the status of the land. This process is also known as due diligence in land transactions.
Process of doing a land search
The process of an official land search in Kenya entails having a copy of the title deed of the land you intend to buy from the seller together with copies of the identity card and KRA pin from the registered owner.
Thereafter you visit the land registry where the land is located fill out an application form and attach a copy of the title deed, identification card, and KRA pin.
In case the land is within the municipality, a search needs to be conducted at the county office to confirm whether there exist any pending land rates that should be covered before parties proceed to enter into an agreement.
The next step is to acquire the land maps from the registry showing the exact measurement of the land.
Step 3: Sale Agreement
After all the steps above have been taken by the parties, an agreement or a legal contract is prepared by a property lawyer in Kenya. It entails the particulars of the property, price, mode of payment, and completion period.
The sale agreement protects both parties as it contains terms that attract legal consequences in case any party fails to honor the agreement.
Step 4: Obtain a land control board consent
The land control board is comprised of people from the area where the land is located. Their role is to ensure there is clearance for the land transaction and transfer of the land.
When buying land in Kenya, Land Control Board (LCB) consent is required for agricultural land transactions to ensure transparency and protect landowners.
It prevents uneconomic land fragmentation, verifies the seller’s consent (including spousal agreement), regulates foreign ownership, and curbs fraud when buying land in Kenya.
This consent, costing KSh 1,000 (or KSh 5,000 for special meetings), is obtained through a county board meeting with documents like the title deed and sale agreement.
Without it, the transaction is void, making LCB consent essential for legally completing the process of buying land in Kenya.
Step 5: Land valuation
Once the land board consent has been issued, the purchasers or people involved in buying land in Kenya apply for a valuation report at the land registry which will compute the amount of stamp duty to be paid based on the valuation report.
Land within the municipality attracts 4% of the purchase price and 2% of the subject property for agricultural land as stamp duty charges.
Step 6: Transfer of land
Once one has entered into a sale agreement for land, the transfer of the ownership then follows. The first step is that one needs to obtain a land control board’s consent. Thereafter both parties execute transfer documents and submit them to land registry. The documents to be submitted are as follows;
- The Land Control Board consent
- KRA pin
- The national identity card or passport
- Passport photos
- The original title deed
- Sale agreement
- Official search
Conclusion
Once the above documents are submitted the registrar will go through the document for verification and cause the transfer of the land to the new owner.
The content is for general information only. You are at liberty to seek legal advice on the subject matter, should you consider Chepchieng & Company Advocates, we are more than simply lawyers; we are your partners in the journey for you to take appropriate steps towards ownership of property in Kenya.
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FAQs
What is the Legal Way of Buying Land in Kenya?
In Kenya, the legal process of buying land in Kenya includes: ensuring the title deed, searching it, and signing a sale agreement with an advocate.
If agricultural land, you must also get the consent of the Land Control Board, pay stamp duty (2-4% of the value) and transfer the title at the Ministry of Lands. You should always work with a property lawyer in Kenya to prevent scams and stay in legal compliance.
How Much Does It Cost to Buy Land in Kenya?
The price of land in Kenya depends on various factors such as location and size, and the price can go anywhere between KSh 500,000 and over KSh 50 million.
There will be stamp duty (2-4%), legal costs (KSh 3,000-8,000), a title search (KSh 520) and transfer costs (KSh 5,000 ). And remember to budget for land rates clearance and surveyor fees, as well.
Is it worth buying land in Kenya?
Investing in land in Kenya can be a good idea. Land is known to appreciate well in growing places like Nairobi or Nakuru, and this can have good long-term investment potential.
But risks, including fraud and legal entanglements, demand careful due diligence. It seems a good bet if you check facts and have a game plan.
What To Check When Buying Land In Kenya?
While buying land in Kenya, check the authenticity of the title deed by conducting a land search and ensure no unpaid rates or disputes. You should confirm the boundaries with a surveyor, check on zoning laws, and make sure you have road access and utilities. Always retain an attorney to review your paperwork and avoid fraud.
Why Do You Need Land Control Board Consent When Purchasing Land In Kenya?
LCB consent for the purchase of agricultural land in Kenya. Fragmentation of land and a fair deal. The consent of the Land Control Board (LCB) is required when one intends to purchase land in Kenya classed as agricultural to avoid disputes arising out of the fragmentation and ensure that there is a fair deal in the transaction.
It affirms that the seller consents (i.e., the spouse consents) and is around KSh 1,000-5,000. If it is missing, then the sale is invalid, so you need it to own the horse legally.
