In this guide, we take you through the process of land subdivision in Kenya, while paying particular attention to the different legal steps undertaken as well as the administrative bodies involved.
What Prompts Land Subdivision in Kenya?
Subdivision of property is necessitated by several reasons, including the following:
- Sale. The land parcel owners’ intention to subdivide and sell part of the consequential subdivision(s) or all the subdivisions,
- Succession. After the inheritance is given through the succession process, the beneficiaries of a land parcel(s) may want to own their portions individually, and hence the need to subdivide.
- Collateral. One may also want to borrow some money from a financial institution and use part of the land parcel as security for the funds.
As such, there are different motivations behind land subdivision in Kenya, and these drivers inform the subdivision process.
What is the process of land subdivision in Kenya?
The process of subdividing land in Kenya is a complex one, as it involves different administrative bodies and legal steps to be undertaken to achieve the same.
Preliminary Processes
In carrying out the subdivision process, one must first ascertain that the land parcel is registered in the name of the rightful owner and that there are no encumbrances and/ or barriers that can interfere with the subdivision process.
This is achieved by carrying out a search in the Lands Registry offices. Consequently, you engage a registered physical planner who ensures that you comply with the set zoning program in that area and that the proposed use of the subdivisions of land will not interfere with the environment and environmental impact reports concerning the area.
You must also engage a surveyor who will deal with the process of going to the ground and doing the actual subdivision, including the provision of the access routes and other necessary amenities.
Consent Approvals
Depending on the area in question, there are consents to be sought and acquired from various bodies before the subdivision is actualized, and the authorities may either be the County Governments and/ or the Land Control Boards. Where the intended subdivision includes a change of user of the property in issue, the process is more rigorous as it requires one to publicize the intended change of user details and invite any objection(s) from members of the public. After you clear the objections stage, you can proceed to subdivide.
Completing Land Subdivision in Kenya
Once all the necessary approvals and consents have been acquired, the surveyor will then erect boundaries on the land parcels. A part of this includes the beaconing of the land showing where each parcel and or plots extend. Thereafter, the land owner can go ahead and get title documents for each new land parcel and/ or plot, thereby completing the subdivision process.
The Need for Professional Help
Land subdivision in Kenya is an important process and must be undertaken carefully. You must use experienced professionals right from the start in order to avoid pitfalls. These include lawyers, physical planners, and surveyors. As different land parcels require different processes of subdivision and consequential registration, it is very important to use the right lawyers to assist one in effectively doing the subdivision.
Where the subdivision does not follow the right process or some steps are missed out, the final subdivision will not be legally recognized and is therefore null and void, which can have adverse legal and financial outcomes.
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