Everyone dreams of owning a piece of land at some time in their lives. We are looking forward to acquiring land for personal or commercial needs. Purchasing property in Kenya adheres to the fundamental principles of contract law, which allows us to better understand what both the buyer and the seller anticipate from the transaction. This post will explain the fundamentals, expectations, and hazards of buying land in Kenya.
Procedural Law.
According to the Kenyan constitution, both the seller and the buyer must follow the Land Control Act’s Stipulations. Buyers are frequently advised to get legal guidance from recognized and experienced lawyers in order to avoid traps in the payment process. To minimize potential problems, attorneys may advise against making direct payments to suppliers in particular instances. Buyers, on the other hand, have the upper hand in determining how to make payments, based on their connection and trust with the person or agency selling them land.
The Following is a Step By Step Guide to Purchasing Land:
The buyer starts the process by looking for a suitable plot of land to buy. It can be done either by the buyer or by a real estate agent. If you opt to use a real estate agent, visit the site first to ensure that it meets your needs.
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Identification of The Land
The buyer begins the process by locating a suitable piece of land to purchase. It can be done by the buyer personally or through a real estate agent. If you decide to go with a real estate agent, go to the site first to make sure it suits your requirements.
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Conduct A Land Registry Search
To help in the search, the potential buyer will request a copy of the title deed from the seller. It will take around two hours and cost Ksh.520. The search will provide the registered owner’s information as well as any disclaimers (buyer beware).
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County Office Search
This will assist in determining whether there are any unpaid land rates that will be added into the purchase price. a clearance certificate
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Obtain 2 Land Maps
The maps cost around Ksh.1000 and may be obtained from a local surveyor or the land ministry. On one map, the plots are depicted to scale, whereas on the other, the plots are shown in relation to each other.
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Ground Verification
To check measurements, the potential buyer will accompany the seller and surveyor. Then, to avert future conflicts, beacons are installed.
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Land Sale Agreement
The buyer signs the land sale agreement according to the terms of sale established by the seller. It is advisable to retain the services of an attorney at this time. The buyer, seller, method of payment, purchase price, and documentation to be obtained are all specified.
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Clearance From The Land Control Board Clearance
County commissioners and elders make up the forum. The forum’s goal is to improve the process transparency. Ensure that a family member does not sell land without the approval of a spouse or other connected parties, for example. This is accomplished by completing a land consent form. It will set you back about Ksh.2000.
Alternatively, for Appx Ksh.15,000, an appointment with the assistant county commissioner can be set up to expedite the procedure.
N.B. Some sellers will want a deposit (minimum 10% by law) during the sale agreement stage, although it is best to do so after you have cleared with The Registry and obtained a Clean Search. If you have to pay in cash or in installments, be sure your lawyer has possession of the title deed and other legal paperwork. This will safeguard you from potential harm, such as the seller utilizing the title deed to obtain a loan during the buying process, and so on.
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Transfer of Land
After all of the payments and clearances have been completed, the land will be transferred. The seller signs the transfer paperwork, which will be sent to the Ministry of Lands for ownership changes along with passport pictures, a county clearance form, LCD approval, an agreement, a land search, and an old title document.
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Stamp Duty and Transfer Fees
The buyer will be responsible for Stamp Duty and other transfer costs based on the land’s worth.
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After Sale Activities
Following up after one week is critical to guarantee that the land reads your information or credentials with the Ministry of Lands.
