Mweriland Surveyors Kenya

07/11/2022

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11/10/2022

9 LEGAL STEPS FOR BUYING LAND IN KENYA

Everyone hopes to own a piece of land somewhere. It’s the most valuable fixed asset that you could possibly own today. However, if you are planning to buy a piece of land anywhere in Kenya, there are certain important procedures which you should follow. Here are legal steps to purchase land in Kenya:

1. Searches and inspection of the title

Once you identify land it’s always recommended that you visit the lands registry so as to conduct a search of the parcel in question. You will need a copy of the land title deed from the seller to facilitate the search. This will normally take three days to get the results of the real owner of the land and if there is any caution put against the land.

2. Preparation of offers and price negotiation

Once the buyer is satisfied with the search results as presented by their advocates from the lands registry and the company registry, then they will okay their advocate to prepare an offer. The advocate involved should prepare a letter of offer or intent showing the details of the seller and purchaser, the description of the property on offer, and the proposed purchase price and modes of payment.

3. Sale agreement and deposit payment

Once you all agree that’s the buyer and the seller there is a need to ensure that the offer has both the terms and conditions included. It is normally drafted by the seller’s advocate and presented to the buyer’s advocate for approval. Upon the ex*****on of the sales agreement, the agreed deposit is paid by the purchaser through their advocate to the seller’s advocate’s account.

4. Payment of land rates

A few years ago, the City Council of Nairobi “clamped houses” that had failed to remit rates. Buyers should be aware of such property because the payment of rates on land is a legal obligation of landowners and the seller should clear any pending rates on the land before completing the transaction.

5. Transfer documents and consent to transfer

The seller’s advocate prepares transfer documents that will be executed by both the buyer and the seller. The transfer documents will only be executed after consent to transfer has been issued by the commissioner of lands.

6. Valuation

For purposes of stamp duty, an application for valuation is always made to the government valuer, who makes a site visit to enable him or her to prepare the requisite valuation report. Stamp duty is important as it is used in registering the property.

The payable duty is determined by a government valuer and the valuation is done to determine the true value of the land on the open market as at the date of transfer.
The intention is to gauge the value declared in the instruments presented for registration for purposes of ascertaining whether the value declared in the instruments will be raised or not.

7. Payment of Stamp Duty

It is the responsibility of the buyer to pay the stamp duty, a tax levied on all lands.

8. Registration of transfer

Once the registration process is complete, the legal ownership of the land shall have legally changed hands.

9. Exchange of documents

Upon receipt of the complete documents from the seller, the buyer is obligated, in exchange of the documents, to pay to the seller the entire balance against the land through his advocates to finalize the registration of the documents after paying the requisite stamp duty..

11/10/2022

7 steps on how to replace a lost land Title Deed

A title deed is a legal document constituting evidence of a right, especially to ownership of property especially land.

It is important to replace a lost title deed since rogue individuals may fake your ID and KRA pin using the name written on your title to effect illegal transfer of the land. They can even use your title deed as a collateral to obtain a loan. Therefore, once you misplace this important document, treat it with utmost urgency to prevent such illegal transactions. To address this weighty concern, below is a step by step guideline to follow with the Ministry of Lands when you find yourself in such a situation

1. Report and obtain a police abstract from the nearest police station

Download a police abstract from the national police website and present it to the nearest police station for filling and stamping.

2. Apply for a search of the lost title deed

This will involve taking a copy of your ID and KRA pin certificate to the registrar of Lands. This will ensure the registry files indicate you are the actual owner of the land.

3. Place a caveat protecting your property from illegal transactions

Seek the help of a dully registered lawyer who will help you place a formal notice to a court, judge and the Ministry of Lands opposing certain acts in reference to your title deed. These prevents any party from conducting transactions with your lost title deed.

4. Filing of a statutory declaration

A lawyer will serve you with a declaration form where you will personally provide details of how the document got lost or destroyed. A statutory declaration also contains details on when the title was lost and the search efforts put in place to find it. You will as well fill in an application form that will be attached together with the police abstract and the declaration form and present them to the Registrar of Lands for perusal.

5. Publishing of your name in the Kenya Gazette

The registrar uses the declaration forms as evidence of the loss and once satisfied he/she will publish your name in the Kenya Gazette. Your name will also be published in two mainstream newspapers with national circulation. The gazette notice gives the public a 60 days’ notice about the loss of the title deed. It is of importance to note that a small fee is paid to the government printer for publishing the notice of the loss in the Kenya Gazette.

6. Confirmation of whether the procedure was dully followed

After the lapse of the 60 days, the registrar will confirm whether the procedure was dully followed and upon payment of a requisite fee, an approval for the issuance of a new title deed is given.

7. Green card and White card entries

The cards contain information of land activities done in the past. A green card is issued when the land is freehold (where the applicant has permanent right to hold a land) and a white card issued when the land is leasehold (where the applicant has temporal right to hold a land). The relevant entries are made by the District Land Registrar after which a replacement title deed is issued. Finally, it’s important to note that in case the lost title is found, it should be presented to the registrar for cancellation.

07/10/2022