HomeReal EstateLegal Process of...

Legal Process of Buying Land in Kenya

This guide will take you through the legal process of buying land in Kenya.

I know many people dream of owning their land — and it’s easy to see why: Unlike renting, you can build your home, garage, or business on the ground. You can construct a fence around that land for security purposes. Plus, with ownership comes certain tax benefits and resale opportunities.

However, buying land in Kenya is not as simple as purchasing other goods and services. The process is fraught with red tape and potential landowning pitfalls. So, it’s essential to do your research and clearly understand what’s involved before you take the plunge.

So let’s look at the legal steps one needs to take to buy land in Kenya.

Process of Buying Land in Kenya

The following steps are an overview of buying a piece of land.

1. Identify the land you want to buy

The first step in the legal process of buying land in Kenya is to identify a piece of property that you want to purchase.

In most cases, you’ll start this process by searching online or consulting a real estate agent who can help you narrow your search for available properties. You might also buy from a friend, relative, or neighbor looking to sell.

Once you’ve found a piece of land you’re interested in; the next step is to check that it’s for sale and that there are no outstanding legal issues with the property.

2. Check the ownership status of the land

The second step is to confirm that the person or company that owns the land is willing to sell it.

You do this by doing a land search at the lands registry in your county.

Nowadays, it is easier to conduct a land search online by visiting the https://ardhisasa.lands.go.ke/home website and creating an account. It is fast and easy to use.

The website has an up-to-date list of all the registered titles in Kenya (freehold and leasehold). You can search by county, plot number, or the owner’s name.

3. Negotiate the purchase price

Once you have confirmed that the land is for sale and that you are the legal purchaser, the next step is to negotiate the purchase price with the seller.

This can be tricky, as both parties will likely have different ideas about how much the land is worth. It’s essential to be realistic about the property’s value and avoid overpaying.

4. Sign the sale agreement

Once you have negotiated a price, the next step is to sign a sale agreement that specifies your purchase terms.

Be sure to include essential details about your purchase, including:

  • The name and address of both buyer and seller.
  • A land description (for example, one acre off Waiyaki Way).
  • The purchase price and the date of transfer.
  • Whether you will be taking ownership immediately (in which case, what should happen to any existing structures or improvements on the property)?

The seller might involve their lawyer in drafting the sale agreement, or you may want to hire your lawyer. Either way, make sure you both sign the contract and keep a copy for your files.

5. Get survey map(s)

You can either do this step after signing the agreement or before, but it’s essential to get a survey map of the property to ensure that the boundaries are accurate.

You can get the map from The Ministry of Land or the surveyor. If you are unsure how to go about this, the best thing is to consult an estate agent who will guide you on what to do.

6. Pay Land Rates

According to prevailing laws, landowners in different parts of Kenya are entitled to vary rates.

To find out how much you must pay, contact the relevant county authority and determine the applicable rates for that area.

7. Transfer documents & consent

After you have paid all the necessary fees, the next step is to transfer ownership of the land to your name. The seller will sign a land transfer form that authorizes the transfer.

The transfer will take two weeks to be registered at the land registry.

You will also need consent from any other parties interested in the land (for example, a mortgage company or co-owner).

8. Valuation

The Government valuer will visit and give a valuation for the land.

You can ask them to come earlier than this if you want to know how much the land is worth before you buy it, but remember that their initial report is just an estimate.

This valuation is essential because you need it to pay Stamp Duty which the GOK valuer determines.

9. Land Transfer

The final step is to transfer the land from the seller to you. This is done by paying Stamp Duty, a government tax charged on all land transactions.

The amount of Stamp Duty you pay depends on the property’s value as determined by the Government valuer.

The buyer must then pay any purchase price balanceher associated costs,,,, such as legal fees.

Once you have completed all these steps, you will be the legal owner of the land! Congratulations!

Documents used in the process

The following documents are used in the process of buying land.

  1. Original Title Deed
  2. Seller’s ID
  3. The Seller’s PIN Certificate
  4. Seller’s Colored Photos
  5. Land Rent & Rates Clearance Receipts
  6. Original Land Rent & Rates Certificates
  7. Relevant Consents
  8. Signed Transfer

So when buying land in Kenya, always remember that several steps are involved, and it’s not something you can do overnight. If you have any questions or need help, don’t hesitate to consult an estate agent or lawyer. And good luck in your search for the perfect property!

Anne Katana
Anne Katana
I am a student of history. In my free time, I enjoy sharing my passion and experiences with people through blogging. I started this blog to educate and inspire people globally. So Welcome to Nasonga.

Related

Continue reading

Top 10 Real Estate Companies in Kenya

With the growing population in Kenya, Real estate has proven to be the best investment option. However, purchasing properties can be long and tedious, Real Estate Companies in Kenya help interested people with necessary services. There are many Real Estate...

The 20 Tallest Buildings in Africa in 2022

Ever wondered which is the tallest building in Africa? I researched it and wrote this article. As a girl, I am fascinated by skyscrapers, and here is my list of the tallest buildings in Africa. I will rank the tallest...

How to Build a House Cheaply in Kenya

In this article, I will discuss some tips on building a house cheaply in Kenya. Building a house is not easy, so many of us depend on the skills and expertise of professionals and builders. However, this article is for...

10 Tips for Taking Great Video of Your House

Traditionally, house photos have been used for marketing a house or building. In recent years, videos have taken the real estate world by storm and are also used as a selling tool. The advantage of video over still photos is...