10 Steps to Follow When Buying Land in Kenya

 

A Comprehensive Guide to Safely Acquiring Land in Kenya

Investing in land is a significant undertaking, and ensuring a smooth and secure transaction is crucial. The process involves various steps to verify ownership, clear outstanding dues, and complete legal requirements. Here's a step-by-step guide to acquiring land in Kenya:

1. Verify Ownership

   - Demand to see the title deed from the seller.

   - Conduct a Ministry of Lands search to confirm true ownership. This search incurs a fee of Kshs 520.

2. Clear Unpaid Land Rates

   - Check with local authorities for any outstanding land rates.

   - Resolve any unpaid rates with the seller, as the land transfer is impossible with outstanding debts.

3. Detailed Mapping:

   - Purchase two maps from the Ministry of Lands.

   - One map should detail the exact measurements (mutation), and the other should display neighboring lands.

   - Each map costs Ksh 350.

4. On-Site Verification

   - Visit the land with the maps and a surveyor (or do it yourself).

   - Confirm details on the map and inspect all beacons on-site.

5. Negotiate and Document

   - Engage in price negotiations with the seller.

   - Draft a comprehensive agreement. This can be done with the assistance of a lawyer (for a fee) or independently.

   - The presence of the spouse during this process is mandatory.

6. Partial Payment

   - Agree on payment terms with the seller.

   - Avoid settling the full amount initially and make partial payments.

7. Lands Control Board (LCB) Meeting

   - Book a meeting with the Lands Control Board (LCB).

   - The meeting costs Kshs 1,000, or you can opt for a special meeting at Ksh 5,000.

   - LCB issues consent for the land sale during these sessions.

8. Remaining Balance

   - Clear the remaining balance with the seller after obtaining LCB consent.

9. Ownership Transfer Process

   - Gather necessary documents, including consent from LCB, recent search, County land rates clearance, 2 maps, agreement, KRA PIN, 2 passports, and a copy of the title deed.

   - Head to the Ministry of Lands to initiate the ownership change. This incurs a fee of Kshs 5,000.

10. Stamp Duty Payment

   - With ownership changes underway, pay the applicable stamp duty based on the land's value.

   - The seller is no longer involved at this stage.

Following these steps diligently ensures a systematic and legal acquisition process. It's crucial to be thorough and seek professional advice when needed to safeguard your investment in land in Kenya.