How to Tell Whether the Land You Are Buying is Freehold or Leasehold

Understanding the type of land tenure you are purchasing Freehold or Leasehold.

Understanding the type of land tenure you are purchasing is crucial because it determines your rights as an owner. Land in Kenya can either be freehold (permanent ownership) or leasehold (limited period ownership). Here is how you can tell the difference:

  1. Check the Title Deed:

A freehold title will clearly state "Freehold" under the tenure section.

A leasehold title will indicate "Leasehold" and specify the number of years remaining on the lease (e.g., 99 or 999 years).

  1. Search on Ardhisasa (for Digitized Areas):

Log into Ardhisasa, enter the title number or parcel number.

The search results will specify the tenure type, ownership, and other property details.

  1. Do an Official Land Search at the Ministry of Lands:

Visit the local land registry with a copy of the title deed.

Apply for a land search to receive an official document showing the land tenure and ownership details.

  1. Ask the Seller or Agent Directly:

Reputable sellers like AMCCO Properties Limited do disclose the land tenure upfront. However, as a buyer, it is advisable to always verify independently through a land search at the Land registrar’s office or Ardhisasa app.

  1. Consult a Lawyer or Surveyor:

A land lawyer or licensed surveyor can help interpret land documents and confirm the tenure type for you.

Advantages of Freehold Land Ownership

  1. Permanent Ownership: You own the land indefinitely without time limits, unlike leasehold which expires after a set period.

  2. Greater Control: You have full rights to develop, modify, lease, or sell the land, subject to zoning and planning laws, without needing government renewal or consent.

  3. No Annual Ground Rent: Unlike leasehold land where you may pay annual rent to the government or lessor, freehold land has no such recurring fees.

  4. Higher Resale Value: Freehold plots often have better market value and appreciation because they offer permanent ownership and fewer restrictions.

  5. Easier to Inherit or Transfer: It is simpler to pass freehold land to heirs or sell it to others, with fewer bureaucratic processes involved.

  6. More Appealing to Lenders and Investors: Banks are more willing to offer loans or mortgages on freehold properties due to their security and long-term value.

  7. Security and Peace of Mind: No worries about the lease running out, renewal processes, or potential non-renewal by the government.

If you need more help contact AMCCO Properties Limited today via 0701 293 199.

You can also take advantage of the company’s newly launched VR services and enjoy the breathtaking view of all the properties on sale from the comfort of your couch. All you need is to follow this link https://virtual.amccopropertiesltd.co.ke/

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