Under the law, everyone has a right to own property in Kenya. Everyone looks forward to securing permanent land for his family and business. The process of buying land follows the principles of the law of contract that guide both the buyer and the seller.
The process of land purchase in Kenya 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 engage in land acquisition in Kenya.
First step: Land identification
The process of buying land 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 property is a lucrative business that has attracted many interested parties. It is prudent that even at the stage of identification of the property, caution is exercised in identification of the property you intend to purchase to avoid fraud
Second step: land search
Following the identification of the property, the party must also be able to get a copy of the 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.
Process of doing a land search
The process of an official search 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 or the mutation
Sale agreement
After all the septs have been taken by the parties, an agreement is prepared by a lawyer which 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.
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.
Land valuation
Once the land board consent has been issued, the buyers of the land 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.
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.
Do not hesitate to call us directly or WhatsApp through
Phone number +254718724409 or
email: info@chepchiengassociates.co.ke | chepchiengassociates@gmail.com
