13/04/2021
SAFE AND SECURE PROCESS FOR PURCHASING A PIECE OF LAND
1. Ensure you involve the following professionals
a) Lawyer
b) Quantity Surveyor
c) Land valuer
The lawyer will help to check and confirm if the copy of the title deed from owner is genuine.
The lawyer will also help in the official land search at the land registry after getting the copy of the title deed from the owner of the property to determine if its registered to the said owner.
The lawyer will draft a sales agreement after discussing the terms of the sale, adding that the prescribed standard is a 10 per cent deposit, with the 90 per cent balance to be paid in 90 days.
The quantity surveyor should be registered with the Board of Architects and Quantity Surveyors of Kenya and a lawyer.
The surveyor will help in ensuring that the beacons on the land are in the right place and the title for the parcel you are buying corresponds with what is on the ground.
2. Documents that the owner of the land should provide
a) Three copies of his/ her passport-size photos,
b) Copies of his/her personal identification number (PIN) certificate
c) National identity card, which should all match the documents.
However, buying from company you will need the following documents
a) Copies of a certificate of incorporation,
b) The company’s PIN certificate
c) The PIN certificates and IDs of its board of directors
3. It is easier to get this information at the negotiating stage before you sign the sale agreement. The deposit could be held safely by the lawyer as a stakeholder. Also, the sales agreement should be signed and stamped to authenticate the contract.
4. Once these procedures have been completed, the lawyer can prepare the land transfer document, seller should give a consent to transfer of the land to the buyer.
5. After you get its consent, you can sign the transfer documents and attach the photos of both the buyer and seller.
6. Once the transfer is effected at the lands office and the title transferred to the buyer, the buyer’s lawyer can release the balance to the seller’s account.
7. Buyer should do another search at the land office after the completion of the sale to ensure that what is reflected in the file at the registry corresponds with the document he/she has in hand.