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Process of Land Ownership Transfer in Kenya
I am looking to purchase a piece of land in Nairobi and was wondering if anyone could explain the process of transferring land ownership in Kenya?
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Maurice
said:
The process of land ownership transfer in Kenya involves the following steps:
a. Verification of Land Ownership
b. Agreement for Sale
c. Search at the Land Registry
d. Payment of Stamp Duty
e. Application for Consent
f. Completion of Transfer Forms
g. Land Valuation and Rates Clearance
h. Preparation of Transfer Documents
i. Execution of Transfer Documents
j. Submission to the Land Registry
k. Search and Verification at the Land Registry
l. Registration and Issuance of a New Title Deed
m. Update of Records
n. Payment of Legal Fees and Transfer Fees
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Raphael
said:
Transferring land ownership in Kenya is a multi-step process and can be summarized below: summary of the process:
The first step is to carry out land search at the ministry of Lands and Physical Planning headquarters or their Land Offices in local districts or Sub Counties. This is done to ascertain the current ownership status of the piece of land.
The next step drafting and signing of agreement between the buyer and the seller. The agreement basically outlines terms of sale, price of property among details. It is important to engage a lawyer to navigate the process of land transfer
The seller then goes ahead and apply for clearance certificates. This is done to prove that there are no outstanding property rates on the land.
The next stage is for the seller to provide documents to facilitate the transfer process. The documents include copy of valuation report, consent to transfer the piece of land as well as stamp duty assessment form and proof of payment.
Utilize services of the lawyer to go through the legal process of land transfer. The lawyer will assist in ensuring all documents are filled correctly and submitted. He can also help in lodging the transfer documents with the relevant lands registry for the transfer of land title deed to be finalized.
Once the transfer of title deed has been done successfully, the payment can now be finalized as per the terms outlined in the sale agreement.
When the transfer process is finalized and payment is made, the title deed will be issued in your name.
Congratulations! you are now the new owner of the property.
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Winfred
said:
Land ownership transfer in Kenya entails changing details in the title deed. A title deed is a document of legal description that evidence the ownership of a piece of land and it is used in any transaction involving the property. The process of land ownership transfer entails;
I. Do a land search to ascertain ownership, whether there is an injunction issued against the land or if there is any outstanding land rates.
II. Obtain a clearance certificate at the land ministry.
III. The grantor then gets a land rates clearance certificate at land ministry offices or Huduma centre.
IV. With the documents proving ownership after conducting a land search, the seller moves to National Land Commission to obtain the consent for transfer.
V. Land valuation is done by government or contracted private evaluators.
VI. The seller applies for stamp duty at 2% of the value for land in a rural area and 4%for urban land.
VII. Payment receipt is obtained by the lands ministry alongside KRA pin certificates, National ID's, passport size photographs, copies of title deed.
VIII. Transfer of ownership is done in less than fourteen days.
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