Land in Kenya is overrated, and buying a parcel could leave you writhing in frustrations as conmen have heavily inhibited the process.
The importance of doing thorough research before spending your life’s savings in buying thin air can never be over-emphasized. Below is a simplified process of how to acquire legit land in Kenya whether from a group or an individual, along with charges of how much you will need to part with in each stage.
Request to see an original Title Deed for a search
Ask to see the title deed or copy of title deed. Then do a search at the Ministry of Lands to confirm who the real owners are or if the title has any Caveat on it. The search will cost you 520 shillings.
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Search with Local authorities for any unpaid land rates
Do a search with the local authorities to check of any unpaid land rates. If any, agree with the seller on who will settle the debt. Please note that land can NOT be transferred if there are unpaid land rates. This service is free.
The Two Crucial Maps
Go to the ministry of lands and buy 2 maps, one map will be showing the exact measurements of the piece you are buying which is mutation, while the other will be showing the neighboring lands. Each map will cost you 350 shillings.
Check out the Beacons as stated on the map
With your two maps and a surveyor, you could easily do it yourself though, visit the land you are buying and verify the details on the map. Check out all the beacons.
Negotiate, Bargain Price, and Draft Agreement
Sit down with your seller and bargain the price. Write down an agreement. You can draft the agreement yourself or seek a lawyer’s services.
While it is not necessary to have it written by a lawyer, it may be advisable so as not to overlook anything. Lawyers do tend to be more conversant with such matters.
According to the Law Society of Kenya (LSK), if the value of the land is below 1 million shillings, you pay the lawyer 3,000 shillings. If above 1 million shillings, you pay 8,000 shillings for the agreement.
Pay the Deposit as Stated in Your Agreement
Pay a certain percentage of the agreed money as per your agreement. Land is no loaf, do NOT pay everything at once whether or not you can afford.
Do NOT pay in cash at any one point, do a bank transfer to the seller or pay direct to his or her account. This will be evidence of you paying and to whom you paid. The seller could easily deny ever receiving any money from you if there is no record, irrespective of whether they look like honest beings or not.
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Book a meeting with the LCB
Book a meeting with the Lands Control Board (LCB). They meet once a month. It will cost you 1,000 shillings. There is also a special LCB meeting which you can book at 5000 shillings. The land on sale will have LCB-issued consent for the transfer to proceed.
Pay Remaining Amount after LCB Consent
Pay the remaining balance after getting consent from LCB.
Visit Ministry of Lands to change Ownership
With the consent from LCB, a recent search (not more than 6 months), clearance form from County land rates, your two maps, the agreement, KRA PIN, two Passports, and copy of the title deed, go to the ministry of lands to change ownership. The cost is 5,000 shillings.
Pay for Stamp Duty
At this stage, you no longer need the seller. Go pay the stamp duty, which is dependent on the value of the land:
- 4% of sale value in municipalities
- 2% of sale value in reserves
Do another Search to confirm the title reads your name
Go to the ministry of Land and do a search to confirm if it really reads your name and that you were not duped. After all, this is Kenya.
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