Title Deeds: The Truth About Land Documents In Kenya (Part 2)

Owning land in Kenya is only fulfilled by owning the Title Deed of the specific land. For you to own a Title Deed you must undergo the Title Deed acquisition process. It’s at this stage questions like:

• HOW DO I ACQUIRE A TITLE DEED IN KENYA?
• HOW TO DISTINGUISH BETWEEN A FAKE AND LEGITIMATE TITLE DEED?
• WHAT IS FULL TITLE DEED TRANSFER PROCESS?
• HOW MUCH DOES THE TITLE DEED TRANSFER PROCESS COST?

arise at the back of your mind.

In this blog, we have arranged detailed answers to these questions starting with the 1st sub-topic so as to help you acquire your Title Deed after purchasing land.

Important Note; -This blog is a continuation of our previous blog TITLE DEEDS: THE TRUTH ABOUT LAND DOCUMENTS IN KENYA (PART 1) which comprehensively explains;

• What a Title Deed is according to the constitution.
• Where Legitimate Title Deed are issued.
• How many Types of Title Deed exist legally in Kenya.
• How to determine the previous owner of the Title Deed.

Therefore, we encourage you to read it upfront and get enlightened about basic information regarding Title Deeds before processing one.

HOW DO I ACQUIRE A TITLE DEED IN KENYA? (4 Easy steps Explained)

Immediately after land shopping, identifying and paying for the actual land, a new chapter full of legal processes arise to ensure your Freehold Title Deed is
processed. The processes align instantly after conducting a Land Search as illustrated here:

1. Obtain Transfer Documents

There are various steps here which require you to apply, pay and obtain the necessary documents:

a) Rates Clearance certificate: It is issued by the county government lands registry office. The process is done by the seller’s lawyer, whereby he/she visits the local county government lands office to check 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 by the buyer’s lawyer after obtaining the certificates. 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.
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.

2. Obtain Valuation for Stamp Duty

a) 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.
b) 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)

3. Stamp Duty Payment

a) Value Endorsement for stamp duty and assessment: Once stamp duty forms are fully filled, the stamp duty officer accesses and indicates 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.

4. Land Registration

Pay registration fees: After all the payment processes, submit the completed documents with the land’s office for registration of the transfer. After successful registration the buyer receives:

An Original Title Deed with his/her name on it.
Registered Transfer Forms.
The pay-in-slip for custom duty.

Tip: After a few weeks, the land buyer should conduct a new search with the land’s commission 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.

For further understanding about the remaining sub-topics, we have divided this blog into mini-series sharing detailed information on each.

Read each of them comprehensively below: –