1. Site Visitation

It is imperative for one to first physically acquaint with the specific identified land to be purchased by making a physical presence to the land as the first step. Through the process one will be able to identify the boundaries, beacons placement, get to know the size, vacancy, identify the neighbours, accessibilty, utility services available.

2. Due Diligence Search At The Land Registry

Due diligence is the fulcrum of conveyance process. On 28th June 2019, the Environment and Land Court at Nairobi made it clear that before one transacts in any piece of land, he or she has as part of due diligence to conduct a historical search of the land in question to ascertain if there are overriding interests affecting that land. This is an additional element to the requirement of a normal search at the land registry. This is a judicial recommendation further emphasized by the supreme court in various other land matters adjudicated upon.

The ideal process will entail:

Obtaining copies of the national identity card, title deed and KRA pin of the seller and visit the local land registry within the location of where the land is situated.

At the registry apply for a search by dully filling the application form and subsequently attach the copies of the title deed, identification card and KRA pin. Pay the pre-requisite fee.

Through the search one will be able to identify the history of the land, the original owner/s of the land, the size, exact location, the title number ,encumbrance attached to the land and any other latent features on the land.

Its advisable to further the search in various registries which could include but not limited to:

Court registry to identify if there is a legal case attached to the land

Probate registry to identify if the land is subject to probate proceedings

3. Confirm Land Rates And Rents Status

The rates status can be achieved by conducting a land search at the county offices where the land is located by a paying a variable fee which varies by county. There is a fee attached to the search which will usually vary from county to county. Customarily it is obligated upon the seller to clear any outstanding rates and subsequently obtain a rate clearance certificate after.

4. Procure a Land Map

From a local surveyor or land registry one can procure the necessary maps which are usually two. One map will showcase the overview of the land together with its adjacent plots while the other highlights the mutations and exact measurements of the land. Each map will be paid for at the recommended fee in Kenya shillings.

5. Resurvey The Land For Additional Verification

The word of the seller not being enough it is advisable to visit the land together with the surveyor equipped with the maps together with the surveyor and verify that every detail is as prescribed .If everything is ok one can erect the required beacons so as to avoid disputes.

6. Construction Of A Sale Agreement

It is a requirement by law that all matters to do with land conveyance be done in writing, executed and witnessed. The terms and interests of the seller and the buyer are captured through a sales agreement strongly advised to be drafted by a qualified lawyer. A sale agreement basically entails all the factors that will guide you in this process which includes; price, method of payment, and the mode of payment. The sale agreement is very crucial because it will   protect you legally in case any party fails to honor their part of the agreement as its used for evidentiary purposes and will prescribe to the resolution mechanism as well. Through an agreement one can easily seek restitution. A lawyer will capture crucial clauses, express terms and implied terms to the agreement making it a legal binding instrument. The lawyers fee is customarily paid by the seller but it can conveniently change as per the agreement of the parties.

7. Obtain Consents

This involves acquire clearance from the Land Control Board which comprises the county commissioners and the elders of the area where the Land is located. The clearance is for purposes of ensuring that the Land transaction and transfer was transparent and there was no illegality involved. The board meeting is often held every month with dates varying across different counties at the cost of one thousand Kenya Shillings. However, there is often a special board meeting which can be held in case of an urgency and its often at a higher cost of around five thousand Kenya Shillings. A search certificate, a dully signed application form, original title deed and presence of both the seller and buyer is a pre-requisite. Additional consents are needed where land is situated where crucial institutions are based like a military base, land along the civil aviation line, land within the railway amongst others.

8. Land Valuation And Stamp Duty Payment

Valuation is the next step, this process informs the calculation of stamp duty to be paid. An application is done to the government valuer attaching the necessary documents and additional pin location of the land. This is often done at the Land registry where the Land is located; the land’s office will compute the stamp duty to be paid which is often based on the value of the land and its location. Customarily it obligated upon the purchaser to pay but if it is agreed otherwise, it is necessary to be captured in the sales agreement.

9. Transfer of Land

Submitting the documents for registration is the next step of transfer from the seller to the prospective buyer. The buyer and the seller both sign the required transfer forms and then the buyer then proceeds to the Land Registry where the Land is located. The party initiating the transfer must go with the following documents in triplicate for the transfer to be done;

• The Land Control Board Consent Form.
• Copies KRA pin for both parties.
• 3 Passport size photos.
• The original Title Deed document.
• Sale agreement.
• Spousal consent if married or an affidavit of non-marital status if not married.
• Copies of national identity cards of both parties.
• A dully executed transfer form.
• Rate/rent clearance certificate where necessary needed.

The change of ownership normally takes about three weeks after paying then required fee in Kenya shillings which vary in different counties.

10. Final Step

The old title is obliterated and the new title in the name of the initial purchaser is achieved.

A process completion acknowledgement instrument can be drafted and executed as a supporting document.

When you are done do a search at the Land Registry to confirm that the land has indeed been transferred to you. Then after a toast for the new land owner can be achieved.

If you need help in purchasing Land in Kenya or anywhere in East Africa don’t hesitate to contact us.

Kindly Note: The content of this blog post is intended to be of general use only and should not be relied upon without seeking specific legal advice on any matter.