Immediately after land shopping, identifying and paying for the actual land, a new chapter full of legal processes arises to ensure your Freehold Title Deed is
processed.
Amcco Properties Limited breaks down the Title Deed Transfer Process that is legally allowed 90 days.
There are various steps here, which require you to apply, pay and obtain the necessary documents:
a) Land Rates Clearance certificate:
It is issued by the county government lands office.
The vendor should confirm with the local county government lands office for any outstanding land rates.
Arrears are paid for then afterwards a land rate clearance certificate issued
b) Land Rent Clearance Certificate:
It is issued by the commissioner of lands upon payment of all outstanding land rents.
c) Transfer Form:
It is applied to the commissioner of lands after obtaining the certificates. https://oldsite.lands.go.ke/wp-content/uploads/2018/08/Form-LRA-33.pdf
This application is made in writing by the lawyer to the lands commissioner then the prescribed form executed for consent to transfer the desired property after the payment.
The document must be filled by the vendor and the Purchaser. It must also be accompanied by the approved LCB (Land Control Board) Consent.
d) File the transfer instrument at the land office for assessment of stamp duty payable on the transfer
The buyer’s lawyer drafts a transfer, which has to be approved by the seller’s lawyer before it is submitted to the land’s registry for assessment.
The Transfer form MUST have the lawyers of both parties witness the document
Obtain Valuation Report for Stamp Duty
Inspection by a land officer: After submission of the draft transfer to the land’s office, an inspector visits the site to verify the state of the property and the development.(This is per the law, however, rarely will this be the case in most practical case)
Property Valuation by a Government Evaluator: The evaluator visits the land to evaluate and verify the indicated purchase price of the land in order to ensure accurate payment of tax, stamp duty
Stamp Duty Payment
Stamp Duty is a tax payable to the land offices, however, KRA is the collecting agent. The purchaser is the one responsible to pay this tax.
a) Value Endorsement for stamp duty and assessment: Once stamp duty forms are fully filled, the stamp duty officer accesses and indicate the stamp duty payable.
b) Stamp Duty Payments: The payments are finalized through banks by use of banker’s cheque to the commissioner of domestic taxes on behalf of the commissioner of land.
c) Obtaining a franked document: Once stamp duty is paid, the transfer documents are submitted for franking to confirm that the taxes have been fully paid.
Land Registration
Pay registration fees:
After all the payment processes, the last most important step is to submit the transfer documents to the lands registry.
Transfer Documents submission:
the complete required documents to the for registration of the transfer include;
Clearance to transfer certificate from the LCB
The transfer forms signed by the seller
The valuation report
The stamp duty declaration and pay-in-slip
Land rent clearance certificate
Land rates clearance certificate
Certificate of clearance from the county
A copy of your national ID
A copy of your KRA Pin
Three passport photos of the seller
Three passport photos of yourself (the buyer)
After successful registration the buyer receives:
An an original Title Deed with his/her name on it.
• Registered Transfer Forms.
• The paying slip.
ISSUING THE TITLE DEED
At Amcco Properties Limited, once the process is complete we issue the Title Deeds.
Post Purchase Search
Important Tip: After a few weeks, the land buyer should conduct a new land search with the land’s registry to check if the land is now registered with a Title Deed in his/her name.
Important Note:
Most of illustrated processes consume a lot of time and effort and can turn out tiresome for some land buyers.
Therefore, working with a real estate company such as AMCCO Properties streamlines the process.
We prepare the necessary documents upfront and liaise with the government offices to initiate the Title Deed transfer instantly.
All that is required of you is to buy land from us and wait for your Title Deed in less than 90 days.
Lets process your Title Deed by contacting us through 0701293199 or email amccoproperties@gmail.com
