You are finally at that phase in life owning a piece of land is the ultimate goal.
Before we can make your dreams true, let’s go through the legal steps to make them a reality.
Identify a Piece of Land
Land ownership without the intention of improving its value isn’t a wise investment. Yes, that’s the hard reality of life and investments.
So, before you embark on making that purchase. What’s your intention or need? Be objective then engage in the land purchasing process.
Land in Kenya is divided into multiple zones, from agricultural, residential, commercial, industrial, waterways, forests, wildlife corridors, and historical sites.
Take Note:
Keep off Riparian land, flight paths, forest lands, historical sites, wildlife corridors, and road reserved lands. To avoid future loss of your investment through demolition by the government.
Conduct a Land Search
Good job in finding your most preferred land.
Conduct a land search at the county and national land registry. You will gain a better understanding of the land you’re planning to purchase. To help you obtain this information, the seller should share a copy of the title deed.
Take Note:
We don’t want you buying thin air? Important to confirm the land in question exists both in the record and its legal status is right.
Obtain a Land Map
The land is authentic and legal check!
Road maps and other common amenities should be considered when buying land. The use of a map makes it easy to find such amenities as roads, boundaries, etc.
Take Note:
You need to know how to get to your property once you become the owner.
Ground Verification
This is from my point of view the first step to owning a piece of land. What for? Because you need to confirm what you are purchasing if your purchase is made through a real estate agency.
I don’t mean to discredit real estate agencies. No. It’s a cautious act I make with all respect to relative institutions involved in this business.
Take Note:
Ask the neighbors around about the land you are about to purchase. Show pictures of the respective seller to confirm their ownership story.
Remember Conmen are there to prey on unsuspecting land buyers. We don’t want you falling prey to their traps.
Land Sale Agreement
You have agreed on a specific price and all other legal conditions. Consult your lawyers during the negotiations to let them draft a sale agreement that results from the negotiation process. There is a need for lawyers to assist in ensuring the proper methods are followed during this part of the process.
Take Note:
Land prices are determined by location. A 50 x 100 plot will sell for different prices in the city Center, Outcasts of the city, and in a rural area.
Clearance at Land Control Board
While selling and buying of land are between two parties. One cannot complete this transaction without engaging the land control board. Which consist of the local chief, village elder, and local land commissioners.
This is important to keep off any family or legal dispute that might arise in the due process of transfer.
Take Note:
Family misunderstandings are a major cause of land transfer disputes.
Stamp Duty
All the land in Kenya is subject to valuation. Engage a surveyor/valuation officer to guide you through the process. Once your piece of land is valued this amount is paid to the government as part of the sales agreement.
Take Note:
All statutory payments required during the process should be well documented within the sale agreement contract. At the Ministry of Lands and Physical Planning offices, you will receive all information you need.
Land Transfer Process
You are almost at the end of your land purchase process.
Having successfully effected the purchase and sale agreement, it is time for the legal transfer of land from the sellers’ name to the new owner. Your lawyer should present the original title deed to the land registry for transfer and other legal changes.
Take Note:
Check on document authenticity at all times. Fake title Deeds have been issued to buyers, remain cautious and alert at all times. Become a frequent visitor at the Ministry of Lands and Physical Planning
Post – Purchase
Consult the land Registry regarding the new change of names and title deed. Congratulations, my friend, you are now the proud owner of the new land.
