The Easiest And Legal Ways Of Buying Land in Kenya
Before you even consider making that move to buy land, always consider doing a background search on the land in particular, as the current world has quite a number of fraudsters who will stop at nothing to make a living by scamming those who aren’t informed.Hence the reason why one is advised to always be careful when using the legal ways of acquiring land. Below are some of the legal measures that you can follow, which might help you a great deal.
Conduct a Site visit
This is almost everywhere when it comes to knowing stuff about land. Physical site visits are very important and go a long way.
Identify the piece of land that you wish to purchase and ensure that you set up beacons around it so that it shows that land has already been taken.
Beacons are physical markers used to mark the boundaries of a piece of land and show the shape and actual size of the piece of land in interest.
Conduct an Official search
Get you a lawyer that will help you in looking for a land search in Kenya at the District Land Office.
You will just need a copy of the title deed of the land, and it takes a maximum of three working days to get the search results after you have filled out a search application form and attached a copy of the title.
Follow up at your County’s office
By doing these follow-ups with the county office, it helps you be on time and settle the unpaid land rates that should be factored in the price, as well as make you aware of anything that’s with the land if it’s clear and free of other expenses.
Verify the Ground
Visit the land together with the surveyor to verify the dimensions if they are indeed as true as the seller claims them to be.
Prepare the sale agreement
Your advocate comes in to prepare a letter of offer or intent showing the details of the seller and purchaser, the description of the property, the proposed purchase price, and the modes of payment that are to be used.
Once personal terms are agreed upon between the two parties, the advocates from both sides then take the moment to facilitate and witness the execution of their clients sales agreement.
Preparation of the Necessary Documents
The one selling the land should be able to avail themselves of all the completion documents, which include:
An original Title deed in the name of the seller
Duly executed transfer forms that are supposed to be sealed
3 passport photos of the Vendor if it’s one person, and for the company, they should be 3 photos.
Avail a copy of the pin Number of the vendor.
A copy of the National ID of the seller, and if it’s the company selling, then there should be two for the directors who will be responsible for signing the transfer forms.
A copy of the registration certificate, if at all it’s a company
Pin as well as the certificate of the company
Rates Clearance Certificate so that one is certain
Rent Clearance certificate as well.
Land Control Board License
Your advocate will help you analyze the documents before presenting them to the land registrar’s office.
Pay the Seller
It’s very advisable for the buyer to fully understand the terms of sale before cashing in.
Once both parties have agreed on personal terms, their advocates will facilitate the execution of the sale agreement.
The agreed deposit is paid by the purchaser through their advocate’s account.
Payment of Stamp Duty
Each time you acquire land in Kenya, the draft transfer documents are filed at the land office for assessment of stamp duty.
The government usually sends a valuer who conducts a site visit to verify the development and the state of the property, and they will be directed on what to pay.
It is mandatory to pay it, as it is used in the registration of property and is also paid by the buyer.
Registration of Transfer
Once the Registration process is done as explained, the legal ownership of the land shall have legally bound and closed the deal.
The original title deed is duly stamped; transfer documents, original stamp duty assessment forms, receipts, and clearance certificates showing that charges have been cleared and there are no errors should all be original for the land rent and rate; a consent to transfer is also required; and lastly, the application for registration is a mandatory piece of paper work.
Exchange of Documents
As soon as the title deed or certificate of lease is issued, the buyer’s lawyer picks it up at the land office.
The Vendor issues out the original title deed of the land, the original paid-up land rent receipts, the signed transfer of documents done by the buyer, as well as the consent to transfer.
