Everyone hopes to own a piece of land somewhere. Its the most valuable fixed asset that you could possibly own today. However, if you have a plan of buying a piece of land anywhere in Kenya, there are certain important procedures which you should follow. Here are legal steps to purchase land in Kenya:
- Land identification
The process begins with the buyer identifying a suitable land for purchase. It can be done directly by the buyer or through a real estate agency firm. If you opt for the real estate agency firm, visit the site before proceeding to ensure it meets the desired criteria.
- Search at land registry
The prospective buyer will then obtain a copy of the title deed from the seller to facilitate the search. It will take about two hours at a cost of Sh.520. The search will provide details of the registered owner and any caveats (buyer beware).
- County office search
This will help find out if there are any unpaid land rates which will be factored in the purchase price. A certificate of clearance is then issued. The fee varies with the county.
- Obtain two land maps
The maps are acquired from a local surveyor or land ministry at a cost of Sh.300. one map is drawn to scale while the other shows the neighboring plots.
- Ground verification
The prospective buyer will accompany the seller and surveyor to verify dimensions. Beacons are then erected to avoid future disputes.
- Land Sale agreement
The land sale agreement pertaining the terms of sale prepared by the seller is signed by the buyer. It is advisable to seek services of a lawyer at this point. Details of the buyer, seller, mode of payment, buying price and documents to be availed are listed.
- Clearance from the Land Control Board Clearance
The forum comprises of county commissioners and elders. The aim of the forum is to enhance transparency in the process. For instance, ensuring that a family member is not selling land without the consent of a spouse or other related parties. This is done by filling the land consent form. It costs Sh.1000. alternatively, a meeting with the assistant county commissioner can be scheduled at Sh.5000 to speed up the process.
- Land transfer
Land transfer comes after all the payment and clearance has been done. The seller signs the transfer forms which will be taken together with passport photos, clearance form from county, consent from LCD, agreement, land search and old title deed to the ministry of lands for ownership changes.
- Stamp duty and transfer fees
The buyer will pay stamp duty and any transfer fees as per the value of the land.
- Post purchase activity
It is important to follow up after one week to ensure that the land reads his or her details with the ministry of Lands.
The process of buying land in Kenya may take some time but it is important to follow the right procedure to avoid future disputes.
