TITLE DEED IN KENYA
Different Types Of Title Deeds In Kenya And How To Do A Land Search
A land title deed is a document that
proves ownership and legal right over a piece of land. It is the most
fundamental document required during a land transaction and its details are
usually changed from the vendor to the purchaser after a land transaction has
taken place to show the transfer of ownership.
Let us explore the different types
of title deeds and what you need to take during the title transfer process, how
long it takes, and all the costs associated with the title deed transfer
process.
When looking to invest in a piece of
land, the first thing you will need to do as a buyer is to conduct an official
title deed search at the local land registry. This is often done in the county
office in which the land is located.
Type
of Title deeds
In Kenya there existed different
types of title deeds as per the different types of land Acts that have been in
existence from colonial times up to the post-independence era. Include the
following
- Indenture: a title under the Government Lands Act Cap 280 (repealed)
- Grant:
Government grant under Registration of Titles Act Cap 281 (repealed) and a
county council grant under Trust Land Act Cap 288.
- Certificate of title:
grant issued as a result of a subdivision without change of user.
- Certificate of lease:
title under the Registered Lands Act Cap 300 (repealed) for leasehold
land.
- Absolute title deed:
title under the Registered Lands Act Cap 300 (repealed) for freehold land.
- Sectional title:
title for a unit within a building, for example, a flat or apartment.
- The Land Registration Act, 2012 consolidates the above
several titles into the “Certificate of Title” or Certificate of the
lease. A Certificate of title is issued for freehold land while a
Certificate of the lease is for leasehold land.
- Leasehold:
is a form of land tenure where a lessee holds rights to land for a
specific period and subject to conditions imposed on land rights by the
lessor. Examples in Kenya include 33, 50, 66, 99-year government leases
for urban plots. 999-year leases were all converted to 99-year leases with
effect, from 1st September 2009 when the current constitution was
promulgated.
Freehold land ownership: Is a form of land tenure in which the landowner has the maximum rights to land without restrictions in terms of a period of ownership and rights exercisable on the land.
Documents
required to conduct a land search include;
- A copy of your identification document, A copy of your
KRA pin certificate, and A four-page copy of the land title deed. You will
then need to fill a search request form, in most cases, this will take not
more than three working days.
The
importance of a search is to help ascertain:
- The legal owner of the land;
- Whether there are cautions put on the title deeds due
to disputes on the land or pending court cases regarding the land;
- Whether there is a charge on the land, in cases where
the title deed has been used as collateral for securing a credit facility/
loan with a financial institution like a bank, etc
Depending on the size and the
intended use of the land, you may also be required to get a registry index map
(RIM) from the Survey of Kenya offices and to have a surveyor physically
ascertain that the measurement on the ground matches those on the map.
The Requirements of Land Search in Kenya
Once satisfied with the finding of
an official title deed/land search, you will then need to obtain consent to
transfer. In cases where you are buying from an individual, it is important to
have a lawyer involved, he or she will
help with obtaining and notarizing the document. This is rarely required when
buying from a real estate company.
The process of transferring a land
title deed from one person to the other often takes not more than 90 days. In
order to do that. The following are the document required to transfer title
deed in Kenya:
- A copy of the valuation report
- Obtain Consent to transfer from the commissioner of
Land
- Stump duty assessment form and payment proof
- Rent clearance certificate
- Copies of ID and KRA PIN certificates
- 2 copies of colored passport size photos for each party
- Transfer consent from the commissioner of lands
or the land control board
- The title deed
- Land rent clearance certificate
The
procedure for transferring a title deed in Kenya
The process of transferring a title
deed is as follows:
- The seller then needs to apply, pay and obtain a rates
clearance certificate from the county office in which the land is located.
The certificate cost around Kshs 10,000.
- Apply for a search on the title deed which takes not
more than 3 working days at a cost of Kshs 500.
- The seller then needs to apply for and obtain the
consent to transfer from the National land commission. The document costs
about Kshs 1,000 and takes not more than 2 weeks.
- Valuation of the land by government valuer to ascertain
the amount to be paid as stamp duty.
- Paying the stamp duty, the amount indicated on the
valuation report is then to be paid to the commissioner for Domestic taxes
(KRA) and the payment receipt presented as proof.
- The final step of the transfer is to lodge stamped
transfer documents for registration at the local land office. This process
takes no more than 2 weeks.
What is a deed plan?” This is a
signed plan by the Director of Surveys showing the precise particulars of a
surveyed piece of land.
For More Info On Investment Offers and Land Purchase Process Contact:
James Ploti On +254 708 459 336
Thanks for the detailed information!
ReplyDeleteVery educative keep up the good job James
ReplyDelete