The process of land acquisition in Kenya can be quite complex, but with the assistance of an experienced advocate, it can be simple. This straightforward guide lays down the groundwork for this process, enabling you to make an informed decision every step of the way. So, what does the process entail?
Land Acquisition In Kenya – Breaking Down The Process
The process of land acquisition in Kenya involves various key steps that land buyers should follow to ensure they choose the right parcel of land and do not face surprises later, which can be both money and time-consuming. Here’s how it goes down:
Identification of a Land Parcel.
People buy land for various reasons. As such, land acquisition in Kenya starts with identifying a suitable land parcel, which can be for agricultural, residential, commercial, or speculative purposes. To do this correctly, you must look into factors such as the rights tied to the land, zoning laws, and other aspects that may affect the suitability of the parcel. For example, you may want to buy land for commercial purposes, yet the land you have identified is in a residential zone, which would necessitate change-of-user processes that do not always have a guaranteed outcome.
Performing a Land Search.
In recent years, many people have found themselves grappling with losses relating to forking out money to land companies or land owners who later turn out to be scammers. As such, after identifying a suitable piece of land, one should then engage an advocate to assist them in doing a search at the land offices.
The search process aims at confirming the ownership of the property and whether it has any encumbrances. For example, the person selling the land to you may own it, but they may have used it as collateral for an unpaid loan. In such a case, they do not have the right to sell the land to you and even if you pay for the land, the transaction will not hold up in a court of law. It is thus important to ensure you have covered all your bases during land acquisition in Kenya.
At this point, the buyer should have negotiated a reasonable sale with the seller and may use any encumbrances, should there be any, to negotiate for a better price should one wish to proceed with the purchase.
Finalizing Land Acquisition in Kenya.
Once the search comes back showing that the landowner has been forthright in their dealings, the advocate then drafts a sale agreement with all the clear details. These include the following:
- The purchase price,
- The full names and addresses of the buyer and seller,
- The size of the land,
- The conditions of the contract,
- The amount paid and the balance,
- The date of clearing the balance (if any),
- The consequences of default on either side, and
- The role of the advocate in the transaction.
After signing the agreement, and the witnesses also signing the same, the purchaser will pay the stamp duty, and the advocate will then take the documents to the land office with all the necessary consents and the transfer application form to start the transfer process.
During this time, the seller should be clearing any outstanding land rates. After the transfer process is complete, the purchaser is then issued with a new title deed bearing one’s name.
Get Help With Your Land Acquisition in Kenya
Are you planning to buy land soon? We know just how stressful this process can be. That’s why we at The Law and You offer our legal services to help you maneuver all of these stages, ensuring that you leave no stone unturned and reduce your risk exposure. To consult with one of our land-buying experts, please fill out the form below.
One response to “LAND ACQUISITION IN KENYA – HOW TO GET IT RIGHT”
[…] you may be in a hurry to get your hands on a title deed, it is important to note that the land registration process in Kenya can take a while. Factors influencing the processing time include the preliminaries, such […]