Around the globe, land is a precious commodity and highly valued due to its appreciation rate that rises at a very high rate. Kenya being a no exception, everyone is striving to acquire a piece of land for themselves. Thus, it’s essential for everyone to be familiar with the process of land transfer to avoid legal battles concerning the ownership and to detect land scams from far.
Many people in Kenya detest the process of land registration as they count it tedious. Nevertheless, if you know the documents required and the process involved, you will be able to transfer or register your piece of land within a very short time. The whole process can take an average of 90 days.
Here are the steps you need to follow;
Identify the Land
Start by choosing land that matches your criteria, such as price, soil quality, size, and location, to ensure it fits your intended use, whether for investment, agriculture, or development.
Apply For a Search on the Title
This stage is crucial as it clarifies whether the land has a previous registration or if someone else owns it. You only need to obtain a copy of the title deed from the seller, to do conduct your search.
You will complete the process at the Registration office by filling out the search application form and attaching a copy of the title deed. The search can take even less than two hours.
Apply, Pay and Acquire Clearance Certificate
You will complete this process at the county office. After confirming that the seller is the legitimate property owner, conduct another search at the county office to ensure the land has no outstanding fees.
Seller Must Settle Outstanding Fees Before Land Transfer
Very important: When purchasing land in Kenya, it’s crucial to verify that the property is free from any outstanding fees or obligations. One significant fee to consider is the land rate, which is a tax levied on landowners by county governments. These rates can vary depending on the county and the property’s value.
The cost of outstanding fees, such as land rates, can catch up with you when applying for building approvals. Unfortunately, its not required during the time of land transfer and you may never know of it. However, failing to settle these fees means the county office will require payment before issuing permits.
The cost for this search varies according to the value of the property and from county to county.
Obtain Two Land Maps for Verification
When purchasing land, it’s essential to obtain two types of land maps. The first map provides an overview of the entire area, showing your plot and the surrounding properties. This helps you understand the land’s location in relation to neighboring plots and infrastructure.The second map provides a scaled drawing with precise land measurements and boundaries, ensuring accurate plotting and preventing disputes. Together, these maps give you a comprehensive view of the property and its legal boundaries.Verify the Ground
Verify Land Dimensions and Boundaries with a Surveyor
Both the buyer and the seller must visit the land together with a licensed surveyor to confirm the exact dimensions of the property. This is a critical step in ensuring that the land’s boundaries align with the official records.
During this visit, look for beacons at the property corners, as they mark and define its boundaries. Having these beacons in place helps prevent future boundary disputes by providing clear, physical indicators of the land’s boundaries.
It’s also important to document the beacons properly and ensure they appear in official land records.
Prepare a Sale Agreement for Land Transfer
Kenyan law requires this transaction to be in writing, and while a lawyer is not mandatory, having one is advisable. Typically, the buyer and seller share the lawyer’s cost equally.
It’s advisable for the seller’s spouse to be present during the process to provide consent for the sale. Alternatively, get the land control board clearance. Also, you can schedule a meeting with the assistant county commissioner at Ksh. 5,000.
Prepare the Documents Required for Land Ownership Transfer
After payment is made and the seller signs the land transfer forms, the buyer must submit the following documents to the Ministry of Lands to officially transfer ownership:
- County Clearance Certificate: Confirms there are no outstanding land rates or dues.
- Land Search Certificate: Verifies the legitimacy of the land title and its ownership.
- Consent from the Land Control Board (LCMB): Required for agricultural land to ensure the transfer complies with land use regulations.
- KRA PIN Certificate: Proof of the buyer’s tax registration with the Kenya Revenue Authority.
- Three Passport-Sized Photos: Needed for identification purposes.
- Old Title Deed: The current title deed proving the seller’s ownership of the land.
- Sale Agreement: A signed agreement between the buyer and seller outlining the terms of the sale.
Once you submit these documents, the Ministry of Lands will process the transfer and update the title to your name. Processing title deed takes approximately two weeks.
Stamping the Land Title Deed Transfer
The Stamp Duty is usually paid for depending on the value of the land. For the rural areas, it is 2% and 4% for the urban property. This is paid once the valuation of the land has competed. The Stamp Duty can be paid online through KRA Itax portal.
Post-Acquisition Activity: A Little Due Diligence
As the new buyer, you should conduct another search through after two weeks through the ministry of land to confirm that the property is under your name.
Parting Short on Land Title Deed Transfer
The process of land buying in Kenya is full of cartels and government officials who insist on bribes to offer you the rights you fully deserve. Not forgetting the many scammers looking for the slightest opportunity to pounce on your hard earned cash. Therefore it’s advisable to purchase land through a certified, genuine, experienced and affordable property company who are competent to do all the hustles on your behalf. They will carry all the due diligence, ensure the property is beckoned, and the title deed is in your hands.
FAQs
How long does the land title deed transfer process take in Kenya?
The title deed transfer process in Kenya typically takes between 2 to 3 months, depending on the efficiency of the Land Registry and if you have prepared all the required documents.
When should the final installment be paid during the title transfer process?
Pay the final installment after the seller signs the transfer documents but before submitting them to the Ministry of Lands. This ensures payment is made before the ownership transfer is official.
How long does it take to change a land title deed in Kenya?
Changing a title deed in Kenya usually takes 1 to 3 months, depending on if all documents are ready and how fast the Land Registry works.
Is it possible for a land title deed to have two names in Kenya?
Yes, a title deed can have two names in Kenya. This occurs when two individuals jointly own the land, either as joint owner (with equal ownership) or ownere in common (where ownership shares may differ).
How do I identify a fake land title deed in Kenya?
To identify a fake title deed in Kenya, check the serial number with the Land Registry for consistency, examine the security watermark, and verify the land details such as location and boundaries. You should also conduct a land search at the Land Registry to confirm the deed’s authenticity and ownership.
Additionally, be cautious of signs of tampering or poor print quality, which are common in fake documents. It’s advisable to consult a lawyer or surveyor to ensure the title deed is genuine before making a purchase.
Is it possible to cancel a title deed?
It is clear that only the courts have the authority to cancel a certificate of title, as the Land Registrar does not have the power to revoke or cancel a title deed. The Land Registrar can only correct the title as outlined in Section 79 of the Land Registration Act.
Could laminating the title deed cause any negative effects?
Laminating a title deed is not recommended, as it may have negative effects. Lamination can damage the document, making it harder to verify its authenticity or leading to issues during registration or legal processes. It is better to keep the title deed in a safe, secure, and original condition.