Title Deed Acquisition Procedure In Kenya

Land is a precious commodity across the globe, highly valued for its appreciating rate that rises steadily. Property investment has become a hot topic in Kenya, with everyone struggling to acquire a piece of land for themselves. With such developments, it's paramount that people know how to legally transfer that piece of land to their name to avoid legal battles about ownership and detect land scams. 

Land for sale along Kangundo Road

Land buying involves the basic principles of the law of contract. It requires that all legal and contractual procedures are followed to avoid future conflicts that may lead to a double loss. Before investing in any piece, follow the following steps:

1. Land Identification: As a soon-to-be landowner, identify the land that meets your criteria, such as location, size, and soil type.
2. Land Search at the Lands Registry: After identifying the piece of land you would like to acquire, obtain a copy of the land title deed from the seller to facilitate the search. Search results take 2 hours after filling a search application form (attach a copy of the title). The process costs Ksh.520.
3. Search at the County Office: Once you have confirmed that the seller is the true legitimate owner of the property in question, perform another search at the county office to unearth any unpaid land rates, which should be factored into the purchase price. The fee for this search varies in different counties.
4. Obtain Two Land Maps: The maps can be acquired from the Land ministry or a local surveyor at a cost of Ksh. 300 each. One map is usually drawn to scale, and the other is an overview of the land showing adjacent plots.
5. Ground Verification: As a buyer, visit the land together with the seller and the surveyor to verify the dimensions. Also, verify the presence of beacons. These should be erected to avoid future disputes on land boundaries.
6. Sale Agreement: The law requires the transaction to be in writing. It's advisable to have a lawyer (though not a must). According to the Law Society of Kenya tariffs, the lawyer should charge Ksh.3,000 if the land is valued at Ksh.1,000,000 and below and Ksh.8,000 if the land is valued above Ksh.1,000,000. The lawyer's cost is normally shared equally between the buyer and the seller. It's advisable to have the spouse of the seller present to consent to the sale. Alternatively, get the Land Control Board clearance at a cost of Ksh. 1,000. You can also schedule a meeting involving only the assistant county commissioner at a cost of Ksh. 5,000.
7. Transfer and Procurement of Completion Documents: Once the payments are made, and the seller signs the land transfer forms, the buyer should proceed to the ministry armed with the consent from LCB, land search, clearance from the county, 3 passport photos, KRA pin certificate, sale agreement, and the old title deed to change ownership of the land. It takes two weeks and Ksh. 5,000 to process a new title deed.
8. Stamping the Transfer: You will need to pay Stamp Duty based on the value of the land, i.e., 4% for urban land and 2% for rural lands. This is payable after a valuation of the property is made. This Stamp Duty is payable online via the KRA iTax portal.
9. Post-Purchase Activity: After a week or two, you as the buyer should do another search with the Ministry of Lands to confirm that the land is now under your name.

The land buying process in Kenya is marred by corrupt government officials who insist on "Kitu kidogo" to give you what you rightfully deserve. Not forgetting the industry is full of scammers who are waiting to pounce on your hard-earned money. It is, therefore, advisable to buy land offered by a genuine affordable property company that manages all the hassles on your behalf, from carrying out due diligence, ensuring the property is beaconed, fencing, and transferring title deeds like Fanaka Real Estate LTD.