the process of transferring land in kenya: HOW TO REGISTER AND TRANSFER LAND TITLES IN KENYA

Many people don’t like going through the process of land registration in Kenya because they count it as tedious. If you know the process and the documents required, you will be able to register or transfer your piece of land in no time. The process can take approximately 90 days.

Here is the process of registering or transferring land in Kenya.

Apply and obtain land rent clearance certificate

This is done from the commissioner of lands office. The seller’s lawyer will obtain this certificate at no cost and can take up to 19 days to get it.

Apply, pay and obtain rates clearance certificate

Again this is done by the seller’s lawyer from the National City Council Government. The whole process can take five days at the cost of Ksh. 10,000. This certificate proves that there’s no outstanding fees to be paid at the City County’s office. Lawyer’s fees are calculated according to the value of the land.

Apply for a search on the title

This stage is very important as it shows if someone else owns the land or if the land has been registered before. One cannot carry out a personal search, it has to be done by the Land Registration office. It takes three days and will cost Kshs. 500.

Apply, obtain consent to transfer

The consent to transfer leasehold land held by the government under the repealed Act is required to be obtained from the National Land Commission. Previously, the consent was obtained from the Commissioner of Lands. This process takes nine days at the cost of Ksh. 1,000.

File the transfer instrument/Document

The draft transfer is done by the buyer’s lawyer at the National Land Commission. The transfer instrument has to be approved by the seller’s counterpart before it’s filled at the land’s office to be assessed for Stamp Duty. This process will take four days for Ksh. 500.

Receive site inspection by government valuer and obtain valuation report

An inspector will visit the site to verify the the state of the property. The inspector has to be picked up in person and driven to the site. This may happen within one day or may take one month. Once the valuer has inspected the property, a report is compiled which the value is endorsed on the transfer.

Endorsement of value for Stamp Duty and assessment of Stamp Duty

Complete the Stamp Duty from including the purchase price. The stamp duty assessment officer will then assess the stamp duty payable and indicate the amount on the forms. This takes three days.

Payment of Stamp Duty

Pay the stamp duty at Commercial Bank and receive a confirmation from Kenya Revenue Authority. It takes four days for KRA to confirm receipt of payment.

Lodge stamped transfer document for registration.

The stamped transfer documents are lodged for registration at the Lands Office. the seller’s lawyer obtains these documents which include; original certificate of Title, Rates Clearance Certificate, Land Rent Clearance Certificate and the consent transfer. This process takes 12 days.

It is advisable to duly follow the the above processes first to ensure that the property is legit and secondly to speed up the process.

 

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