The process of getting a Land Title Deed in Kenya is often convoluted and costly. Unfortunately, if you’re not careful, it can become a financial nightmare. However, the expenses and procedures of securing a land title deed in Kenya shouldn’t worry you because we’re here to take you through the process.
In this article, we’re going to break down the entire
process and dissect the hidden costs you need to know. Moreover, you’ll get
practical solutions to make this seemingly daunting endeavor a smooth and
cost-effective experience. Keep reading!
Things to Consider During a Title Deed Transfer in Kenya
A title deed transfer from the current owner to the new
buyer can get tricky if you do not understand the relevant law. A land owner
can give you a fake title deed and make you believe that the land is legally
yours.
Additionally, they may transfer the title even if they are
not the only owners. This happens many times when purchasing land from
individuals or families.
It’s recommended to consult a professional lawyer or a
reputable expert in real estate matters to avoid getting into a messy
situation.
Also, consider the following things if you’re in the process
of getting a land title deed in Kenya:
- Property
Owner’s Consent: It is wise to investigate the person claiming to
be the property owner. If purchasing land from an individual, such as family land, find out if other people have ownership rights to the same
property. Then, find out if everyone wants to transfer the title deed. You
can avoid lawsuits by verifying the real property owner and getting their
transfer consent in writing.
- Get
Clearance Certificates: These are the official documents that confirm
the payment of land fees or taxes. The presence of these records should
give you confidence that the land you want to own has no outstanding
liabilities or debts. Once you become the new owner, nobody will come to
claim any unpaid funds from you.
- Stamp
Duty Payment: The Kenyan government charges a form of tax known
as the stamp duty. It happens only after the sale of a property. Stamp
duty is 4% of the land’s value if the land is located within
municipalities and 2% if the land is outside municipalities. The title
deed transfer cannot happen if the stamp duty payment is still pending.
- Land
Registration Costs: The legal process of replacing the seller’s
name with yours on the title deed is not free. You must incur all
registration costs to ensure the Lands Registry acknowledges you as the
new property owner. Registration costs about Ksh. 500 and Ksh. 1,000 for
attestation.
How the Title Deed Transfer Process Works
You should do the following steps during the title deed
transfer process:
Step 1: Perform a Title Deed Search
Do not trust a property seller’s word if they insist the
title deed is fine. Their land could have liens, unpaid mortgages, unfinished
court battles, etc. If you ignore the land search step, you could transfer the
title deed to your name and regret it afterward.
Remember that once the transfer process is over, you cannot
undo it. Thus, conduct a land title search online to verify the ownership
status and other crucial things.
Briefly, this is how to do a land search in Kenya:
- Log
in to your “e-Citizen”
account or sign up for it.
- Navigate
to the “Ministry of Land and Physical Planning” area.
- Choose
the “Land Search” tab.
- Enter
the “Title Number” of the property you are conducting a land search for.
- Fill
in the “Land Search Form” and submit it.
- Go
to your “M-PESA” and pay 500 Kenyan shillings. You can also use your bank
cards.
- Print
the results or do it later, as they will stay in the system.
Note: The e-Citizen system will return a given
land search result. If it looks good, proceed with the title deed
transfer.
Step 2: Sign a Sale Agreement
A land sale agreement outlines everything the buyer and
seller have agreed upon. From the land purchase price to payment terms, this
document specifies all terms and conditions. If your title deed search result
was positive, you and the seller should sign the sale agreement.
Step 3: Pay the Stamp Duty Tax
The process of getting a land title deed in Kenya entails
the payment of a stamp duty. You should pay the stamp duty fee to the
Kenya Revenue Authority. The earlier you pay this tax, the faster you can
get your title deed.
KRA will compute this fee for you based on the land
purchase price or the property value in the market now. A KRA official
expects you to attach your land valuer’s report on the land you are buying
(valuation costs Ksh. 1,000 for municipal plots and Ksh. 500 for those outside
municipalities). They will then compute your stamp duty tax based on the
current property value.
Step 4: A Lawyer Creates the Transfer Documents
Choose a lawyer to help you purchase a property and avoid
future problems. One of their top roles is to prepare all the necessary transfer
documents. These include a title deed transfer form, seller’s consent
letter, and clearing certificates.
The lawyer’s fee is as follows:
- Ksh.
3,000: This is if the cost of the land is between Ksh. 1,000,000
and below.
- Ksh.
8,000: This is if the cost of the land is over Ksh.
1,000,000.
Note: The lawyer’s fee is shared equally between
the land buyer and seller.
Step 5: Offering Your Signatures
After receiving the title deed transfer documents from your
lawyer, the property seller and you should sign them.
Offer your signatures legally by having a witness.
Step 6: Submit the Documents
Now that the transfer documents have signatures from both
parties, you can take them to the registrar of lands in the Ministry of
Lands. Once you submit them, the officials will transfer the title from the
seller to you.
Ensure you also provide the following items:
- Property
valuer’s report on the land
- Copies
of KRA PIN certificates of the buyer and seller
- Seller’s
transfer consent letter
- National
ID copies of the buyer and seller
- The
KRA’s stamp duty receipt
- Color
passport-size photographs of both parties
- The
original title deed you are requesting a transfer for
The waiting period is thirty to ninety days after submitting
the above documents.
Step 7: Go Collect Your New Land Title Deed
After the registration process ends, you should get a
notification by phone. Once that is done, visit the Ministry of Lands and pick
up your title deed. At this point, your process of getting a land
title deed will be successful. Therefore, you can develop the land as
you wish.
How To Differentiate Fake And Genuine Title Deeds Before
Buying Land In Kenya
Many Kenyans have become land eviction victims
because of having unauthentic title deeds. Unscrupulous real estate
agencies sold them plots that belonged to other entities. This is why it’s
common to find a group of Kenyans owning the same piece of land without
knowing. All because they don’t know how to differentiate fake and genuine
title deeds before buying land.
Dishonest and wicked land sellers in Kenya will make a quick
buck out of you if you’re ignorant or naive. To be on the safer side, you need
to know how to differentiate fake and genuine title deeds before buying land.
In this article, we discuss the best ways to differentiate
between a genuine and fake land title deed in Kenya. Keep reading for your
land-buying safety.
How to Differentiate Fake and Genuine Title Deeds When Buying Land in Kenya
Authenticating a title deed is one of the trickiest stages
of the land purchase process. When in doubt, consult with a lawyer and other
relevant professionals. Meanwhile, here’s how to differentiate fake and
genuine title deeds before buying land in Kenya:
1. Ensure the Signatures and Initials Match
If a title deed is genuine, the appearance of the signatures
and initials on the original and duplicate titles will be the same. Even a
small discrepancy may imply that the owner’s title deed is fake.
2. Check the Consistency of the Property Description
Read the property description of the original title deed and
the land seller’s copies. Both documents should read the same. If you notice a
slight inconsistency in the text, investigate the authenticity of the land
seller’s title deed.
3. Confirm the Uniformity of Serial Numbers
Each title deed contains a unique serial number that remains
the same after the property changes ownership. Thus, the copies of the first
title deed should have the same serial number as that of the seller. If the
numbers are different, the seller has a fake title deed.
4. Look for the Owner’s Duplicate Mark and the Red Seal
Another sign that a title deed is bogus is the lack of the
“Owner’s Duplicate” mark. If the land owner’s title deed copy misses this
label, something is wrong with it. Moreover, the absence of the red
seal found on all genuine title deeds should indicate a fake
copy.
If the red seal is available but appears damaged or faded,
it could mean that the land seller’s copy is not genuine.
5. Register of Deeds Verification
A duplicate copy of the original title should feature the
Register of Deeds’ signature. You must verify that the signature on the
copy belongs to the Register of Deeds who was occupying the office at the
issuance date.
If a signature is not theirs, you should question the
legitimacy of the seller’s title deed.
6. Verify the Decree Issuance
An easy way to differentiate fake and genuine title
deeds before buying land is by verifying the Decree issuance. Go to
the State Department for Lands and Physical Planning and
check if the Decree issuance is legitimate. If it is not, do not buy the land
yet.
7. Check the Last Two Digits
The original title deed has a title number. The last two
digits of the title number should appear in any duplicate copy. Hence, verify
that the last two digits of the seller’s title number are the same ones on the
original document.
If you cannot match the digits, something is wrong with the
duplicate copy.
Other Crucial Measures to Take When Buying Land in Kenya
When purchasing land, find out if other people with a
genuine interest in the land have consented to the sale. During the title
transfer at the Land Board, this consent will be priceless.
Visit the property location with a land surveyor if
you’re buying an expansive parcel of land. The surveyor will confirm the land size
and location and clear any doubts. Go to the Lands Registry and conduct
a title search to check if the current owner is the one you are
dealing with.
If buying from an individual, look for their ID at the
Registration of Persons Bureau. After the search, you’ll get their photo and ID
copies if they are genuine landowners. Those buying land from an organization
should search for its records in the Company Registry.
To know if the seller has duped innocent Kenyans before, look for the tracks of land and plots with a problem at the CID office. You will view the names of the people who carried out the deceptive land deals.