The Process Of Buying Land In Kenya
All and sundry hopes to very own a piece of land somewhere. It’s the most precious fixed asset that you can probably own today. But, in case you are making plans to buy a piece of land anywhere in Kenya, there are certain key legal procedures that you have to comply with.
1. Search Online At Ministry Of Lands e-Citizen portal
Search with Ministry of Lands at district or county headquarters to check the authentic land owners and set up the presence of brokers and if the title has been charged or has a caveat, for example, when it’s been used to secure a loan, or there may be a court order barring any transaction on the land.
Log onto the e-Citizen portal E-Citizen and sign up. Click on on Ministry of Land, Housing & urban development hyperlink and select the land search option. Input the title number and fill the online land search form Kenya and submit. A search need to preferably verify that: The individual selling the land to you is the legal owner.
2. Conduct A Search In The County Office
You need to conduct a search within the county office in which your ideal land is located to discover if there are any pending land rates. The fee of these checks will range from county to county. In Nairobi city hall you’re probably to pay at least Ksh.7,500.
3. Land Map
Go to the nearby surveyor and buy maps of the place, generally two, one drawn to scale (informally called tracing or mutation) and another displaying the neighboring farms, costing Ksh300 per map. You can purchase those on the Lands Ministry however a surveyor is better and quicker.
4. Ground Verification
Armed with the map, the surveyor and the seller go to the land on the ground. Have a tape measure to verify the measurement from the map drawn to scale. Ensure you spot the beacons or replace the misplaced ones. Surveyors fee approximately Ksh1,000 per beacon. Ensure the bordering neighbors are in agreement with the boundaries.
The law calls for any land transaction to be in writing. It’s far much recommended to have a legal professional (even though not a must). According to the tariff provided by law Society of Kenya the legal professional should charge Ksh3000 if land value is Ksh1, 000,000 and below and Ksh8, 000 if land price is above Ksh1, 000,000. Lawyer’s cost is commonly shared equally among client and seller. Make sure that the spouse to the seller is present at this level or at least the partner is aware and consents with the transaction to avoid later headaches.
6. Stamp Duty And Transfer Fees
You (buyer) will need to pay stamp duty based totally on the cost of land, i.e 4 per cent for municipalities and 2 per cent for reserve.
7. Post Purchase Activity
After one week, the buyer need to do another search with the Ministry of Lands to verify that the land now reads his/her details.