Owning Property In Kenya

ACQUIRING LAND IN KENYA 

Land is a big issue in Kenya however there are stipulated requirement before you get one,this is to avoid fraud which have been major cause of conflicts.

Lets walk through of how one can own property:

Its very important before you conduct any transaction as a buyer hire a credible  lawyer who is going to stand as a witness.On top of that he or she  is going to advice you accordingly how to handle Transaction.

The following are procedures to acquire land:

Land identification:

The best time for you to identify rainy season,why you may ask,during this time you will be able to determine whether the parcel is swampy or not.Most buyers who don't check this feature end up buying land only to realise that they bought swampy land,this leads to undeveloped lands or if its reclamation   takes place alot of money is used  this may lead.

waste management ,communication lines ,transport,electricity are things to consider during site visitation,dont always rely on agents information some may mislead you.Make sure you verify every detail about ownership before any proceed.

Do Search and Investigation

This is very important to make sure you dont fall in the hands of con artist.

Find out from land registration unit,which is available in all districts now to counties..

the lawyer and buyer should get a copy to do searches.This is to confirm ownership by the seller of land.

• a file search application form is filled and attached to the copy of title did
• a minimum of 500 shillings is paid to conduct search
• 2-3 days the search is finalised
• the search should reveal ownership,size of land, and if land has a case.
• once done recheck with Ndungus land report if its among illegal acquired land from government.
• a surveyor also should be included to perform beacon search.

Valuation

 Let value for money take course,agree on terms of sale usually 105 deposit is done before final amount.This transaction may last 90days which include furnishing documents and transfer of names.whether its bank or individual completing the purchase it should be pointed in the documents to avoid unnecessary mistakes.Final purchase involves handing over original tittle deed,which financier completes payment.

once both are satisfied a stamping duty should be made  stamped  on document which cost about 200 shillings.

Final documentation

THIS INCLUDES:

• original title deed
• ID card ,pin copies of both parties
• 3 passport photos of both,if its a company two directors and one for secretary is required
• clearance certificate of land
• original receipts of land transactions.
• land rate clearance certificate
• consent of transfer document issued by commissioner of land or town clerk if its lease hold from local authority
• original share certificate
• original lease hold 
• valuation duty form from seller or his advocate
• confirmation sale letter confirming transfer and sale of the land document
• Signatories of both party be it company or individual selling on letter.

The registration and stamping process is ran by buyer,the stamp duty is collected by Kenya revenue authority,this is to evaluate land,accordance to market value.

Other final details are registration and permission to develop land,this is obtained from  environmental bodies like ,NEMA ,that gives licence due to  impact on  the environment.