Have you identified a parce of land that you wish to buy in Kenya?
Purchasing Land in Kenya entails vaious steps that one ought to follow to avoid being duped by conmen. The steps are as discussed hereunder;
STEP ONE: DO A SEARCH AT THE LAND REGISTRY
The first important step is to conduct a search as the relevatn lands registry to ascertain the owner of the land, size of the land and whether or not there exist any encumbrances. The process of conducting a search entails requesting a copy of the title deed of the land you intend to buy from the seller together with copies of identity card and the KRA Pin of the seller. Thereafter, you should proceed to the Land registry of the area the Land is located and request for a search Application form which you will fill in the details and attach the copies of the title deed, identification card and KRA pin.
Conducting a search at the initial stage is very necessary because you get to know the original owner of the land, the acreage and any encumbrance attached to the land.
STEP TWO: CONFIRM WHETHER THERE ARE ANY UNPAID LAND RATES
It is very crucial for one to confirm whether or not there are no unpaid Land rates attached to the Land one intends to purchase. This can be done by conducting the search at the county office where the Land is located. There is a fee attached to the search which will usually vary from county to county. It is therefore very important to discuss with the seller who is to cover this costs in case there are any unpaid Land rates.
STEP THREE: GET THE LAND MAP
The next step is to acquire at least two land maps for the land you intend to purchase from the Land registry or from a local surveyor. One of the maps is drawn to scale showing the exact measurements of the land or mutation while the other will give an overview of the land together with its adjacent plots.
STEP FOUR: LAND VERIFICATION
After acquiring the two Land maps together with the surveyor and the seller, the buyer should then proceed to the actual location of the land to authenticate everything on the map. It is very important to verify and ensure that beacons are erected to prevent future misunderstandings or disputes.
STEP FIVE: SALE AGREEMENT
After all the other steps have checked out, the buyer and the seller can now get down to writing a sale agreement which is done by a lawyer. A sale agreement will capture the following crucial information; price, method of payment and the mode of payment.
STEP SIX: COLLATION OF COMPLETION DOCUMENTS
The Seller should furnish the buyer with the necessary completion documents which include; the origninal document of title, Land Control Board for agricultural land, rates and rent clearance certificates, copies of the Seller’s Identifty card and PIN Certificate, duly filled and executed Transfer instruments amongst others.
STEP SEVEN: LAND VALUATION
The next step after obtaining the completion documents is to apply for Land Valuation. 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.
STEP EIGHT: TRANSFER OF LAND
The next step after payment of the requisite stamp duty is to apply for registration of the Transfer of the Land at the Lands Registry. The buyer and the seller both sign the required transfer forms and the buyer then proceeds to the Land Registry where the Land is located. Upon registration of the Transfer, the Lands Registry will issue the buyer with a new document of Title.
For more enquiries on the subject, contact us at info@kiragu.co.ke.
