The Procedure for Transferring a Title Deed in Kenya

1. Obtain a Land Rent Clearance Certificate: The purchaser obtains this at the office of the commissioner of land. It often costs nothing and takes not more than 20 days.

2. Rates Clearance Certificate: The seller applies, pays, and obtains this certificate from the county office where the land is located. The certificate costs around Kshs 10,000.

3. Apply for a Search on the Title Deed: This takes not more than 3 working days at a cost of Kshs 500.

4. Consent to Transfer: The seller applies for and obtains this consent from the National Land Commission. The document costs about Kshs 1,000 and takes not more than 2 weeks.

5. Valuation of the Land: Conducted by a government valuer to ascertain the amount to be paid as stamp duty.

6. Paying the Stamp Duty: The amount indicated on the valuation report is paid to the commissioner for Domestic Taxes (KRA), and the payment receipt is presented as proof.

7. Lodge Stamped Transfer Documents for Registration: The final step of the transfer involves lodging stamped transfer documents at the local land office. This process takes no more than 2 weeks.

Documents Required to Transfer Title Deed in Kenya

1. A copy of the valuation report

2. Consent to transfer from the Commissioner of Land

3. Stamp duty assessment form and payment proof

4. Rent clearance certificate

5. Copies of ID and KRA PIN certificates

6. 2 copies of colored passport size photos for each party

7. Transfer consent from the Commissioner of Lands or the Land Control Board

8. The Original Copy of Title Deed

9. Land rent clearance certificate

Importance of Conducting a Land Search

Before diving into the title deed transfer process, it’s crucial to conduct a land search. This helps ascertain:

• The Legal Owner of the Land: Ensures the seller is the rightful owner.

• Cautions on the Title Deeds: Identifies any disputes or pending court cases regarding the land.

• Charges on the Land: Reveals if the title deed has been used as collateral for securing a credit facility or loan with a financial institution.

Documents Required for a Land Search in Kenya:

1. A copy of your identification document

2. A copy of your KRA PIN certificate

3. A four-page copy of the land title deed

4. You will then need to fill out a search request form. In most cases, this will take no more than three working days.

Depending on the size and intended use of the land, you may also be required to get a registry index map (RIM) from the Survey of Kenya offices and have a surveyor physically ascertain that the measurements on the ground match those on the map.

Types of Title Deeds Commonly Used in Kenya

1. Freehold Title Deed

2. Leasehold Title Deed

3. Sectional Title Deed

The process of transferring a land title deed from one person to another in Kenya often takes no more than 90 days. It's crucial to follow each step diligently and ensure all required documents are in order. Engaging a lawyer, especially when buying from an individual, can help with obtaining and verifying documents, ensuring a smooth and legally compliant transfer.