This Blog Looks Into The Proper Legal Process of Buying Land In Kenya
The Legal Process of Buying Land in Kenya
1. Identify the Land of Your Choice
- Begin by identifying the specific land you want to purchase based on your interests. Consider factors such as purpose (residential, commercial, or both), size and the location of the land.
2. Do a Search at the Land Registry
- Obtain a copy of the title deed for the land you intend to buy.
- Visit the Land registry in the area where the land is located (e.g., Thika Land Registry).
- Fill out a search application form attaching copies of the title deed and the seller’s identification card, and their KRA (Kenya Revenue Authority) PIN.
- The search process is free and typically takes up to two days.
- This step helps you verify the original owner, acreage and any encumbrances on the land.
3. Confirm Any Unpaid Land Rates
- After the search, ensure there are no unpaid land rates associated with the land.
- Conduct a search at the county office where the land is situated.
- Discuss with the seller who will cover the cost of this search if there are any outstanding land rates.
4. Get the Land Map
- Obtain at least two land maps:
- A detailed map drawn to scale showing precise measurements or mutations.
- An overview map that includes adjacent plots.
- You can get these maps from the Land registry or a local surveyor.
- Each map typically costs around 300 to 350 Kenyan shillings.
5. Land Verification
- Accompanied by the surveyor and the seller, visit the actual location of the land.
- Authenticate the details on the maps including boundaries and neighboring plots.
6. Ensure the Seller Has Consent
- Confirm that the seller has the legal right to sell the land.
- Verify any necessary consents or approvals.
7. Sign the Sale Agreement
- Draft a sale agreement that outlines the terms and conditions of the purchase.
- Both parties (buyer and seller) sign the agreement.
8. Land Transfer
- Prepare the necessary transfer documents.
- Pay any applicable stamp duty.
- Register the transfer at the Land registry.
9. Exchange of Documents
- Exchange the signed transfer documents and payment.
- The buyer becomes the legal owner of the land.
10. Post-Purchase Steps
- Update the title deed to reflect the new owner’s details.
- Consider conducting a survey to physically mark the boundaries.
- Conclusion
- The process of buying land in Kenya is very detailed and elaborate as outlined above. It requires great attention to detail to avoid falling in the hands of ever lurking frauds. Follow and stick to this process whenever you want to buy land in Kenya and if possible enlist the services of a land lawyer to help you out.
