BUYING LAND IN KENYA; The process and all documents required

Below is the process of Buying Land and why I believe The Title is the least Important Document when Buying Land.
 

1.

Site visit, the parcel/land being sold 

- Engage the adjacent neighbor, perhaps you may want to know a little history of the land in question; the good neighbor is the best shot for this.

2.

-Request to see the Tittle deed. 

-Do an official search or at length go for a green card at the ministry of land. This will confirm the real owner/s.

-The search will also show whether the land has any prohibitions, cautions, easements, caveats or any charge. 

3.

If the search shows any charges from the ministry of land or any unpaid land rates from local authority in that order, agree with the seller on who will settle the debts. 

Nb: land can't be transferred if there are any unpaid land rates: freehold tenure does not need payment of rates.

4.

Again, go back to the ministry of land and buy two plans

- one showing the actual measurements of the land you're buying, called mutation 

- another one showing the neighboring lands called a Registry index map (RIM)

This map puts your piece in the exact correct geographical location. 

5.

With the two maps, engage a registered surveyor for confirmation of whether the land tallies with the map; if the ground conforms with the map, go to the next step. 

6.

Ask the seller to give you his/her ID so that you can verify the details from the registration of persons department because of numerous cases of impersonation and fake ID cards. 

7. 

A)  if the details concur, now sit down with your seller and bargain the price till you come to a consensus.

B) if there is any land agent between the seller and the buyer, come to a conclusive decision on who is paying the agent his/her commission, and if possible, draw an agreement with the agent. 

C)  Draft a sale agreement between the buyer and the seller.

The agreement can be done before an accredited lawyer, or you may decide to do it by yourselves. 

However, it is highly advisable that the agreement be done by a lawyer. 

- The spouse must be present, he/she should give consent in a prescribed way. 

- if the seller has no partner, he/she must sign an affidavit admitting the same. 

8.

On signing the agreement, pay down your deposit, as little as 10% of the agreed purchase price, or depending on the mutual agreement between the two parties, as you wait for the LCB. 

9.

Book a meeting with the land control board (LCB) 

10.

Once you have the 'CONSENT' from LCB, pay the remaining balance promptly. 

11. 

Now, with: 

-consent 

-duly signed transfer forms

-spousal consent/affidavit 

-old title deed

-certified passports

-ID copies

-pin certificates 

Now you can submit the above to the land registry offices. 

12. 

At this point, you no longer need the seller

Go and pay stamp duty according to the value of the land (prices depend on how a particular county charges) 

13

Now, you've successfully acquired the land genuinely, it is yours by paper 😊😊

To watch the video version go to

https://youtu.be/13Rp49gqBqI