Documents required in Land Buying process in Kenya
They’re instances you probably want to buy a land in Kenya but you are not trusting the process and your fear losing your money when you try.
You might have seen it in the news, read about it in the papers, or heard people discussing issues related to land disputes and fraudulent activities in property transactions.
Worry not, we got you covered at Nyota Njema real estate we are not just selling but we are always educating people on the legal issues about land buying and more.
More often than not people will rush into buying land without considering the important documents needed in the land buying process.
It is always a priority to consider these documents in order to prevent the disputes that may arise later after purchasing land or to just avoid falling prey to fraud.
So, what documents are needed?
Tittle deed
This is the most important document as it acts as a proof that the land is actually owned by the seller and that he also has got the legal rights to transfer the land ownership in Kenya. You are then expected to check the authenticity of the tittle by verifying it to know if the seller in deed has the rights to transfer the land especially when the property he want to sell to you has a lease hold title deed.
Example of a title deed
Identification Document
ID for both parties, you as the buyer and the seller’s for proof of citizenship, passport photos for the both parties for documentation process and lastly the Kenya Revenue Authority personal identification number (KRA pin) is also needed for tax purposes.
Land search Certificate
You need this certificate to know the exact location of the land and its size. Go to the ministry of the land of the county where the land is located and you will be provided with information about the correct ownership, size and other legal issues as far as the named property is mentioned . You will also be able to identify whether the land is recently involves in disputes or when it was involved in the past and it was solved.
Clearance Certificates
A number of clearance certificates maybe required during the land purchase to confirm the property you are purchasing is free from outstanding taxes, rates and other liabilities. The certificates includes Land rate clearance certificates which is issued by local government to confirm all rates have been payed up to date. These rates are always imposed on property owner and they must be cleared before the transfer. Land rent clearance certificate is yet another document needed only when the tittle to be transferred is a leasehold tittle deed. The rental arrears must therefore completed before the transfer.
Survey Map
You need this to assess the property boundary and dimensions of the land and how you can access it. The document also includes the exact size and location of the land and it is always prepared by the licensed surveys and approved by the director of the survey. This map will help you prevent boundary disputes and it will always give you the confidence as the owner because you will be aware of the dimensions.
Example of a land subdivision map in Kenya
Mutation form
This document is needed when you as the buyer intends to sub divide the land into plots or when you want to combine multiple plots into single land. The form needs to be approved by relevant authorities and changes made must also be reflected in the land registry.
Nyota Njema EOI form
Offer Letter
This document outlines terms and conditions for both seller and buyer and it is to be signed before signing a sales Agreement. This document includes your name and the seller’s name, witness of transaction, preferred payment plan and property identification number.
Sale Agreement
This a binding contract between the buyer and the seller outlining terms and conditions of the sale, price, and payment plan and information about what will happen in case of unpredictable occurrences or incidences.
Land Control Board Consent
This document ensures that the sale complies with local land use policies and regulations you and the seller must be present before the board seeks approval of the transaction. However, this document should be obtained before the transfer of the land is registered otherwise you will not be able to practice agriculture once you purchase it.
Consent to Transfer Certificate
Sometimes a consent to transfer a land is required from the commissioner of land. However this document is only needed when the property was a lease hold tittle deed. The certificate will therefore indicate the government has approved the transfer.
Customer Tittle Deed
This is the last document you will receives a proof you are now the current owner of that land and changes will be reflected at the land registry as well.
Here are tips to take home
Engage professionals like lawyers, surveyors and property advisors in the land buying process.
Verify the authenticity of all documents required in land buying and ensure the property is not involved in disputes.
Be aware of the practices and comply with the government regulations by obtaining all required permits.
Assess the environment, consider the weather, the type of soil whether it is suitable for the intended purpose.
To make this process simple for you, talk to a property advisor working with a real estate which is recognized by Association of Real estate stakeholder (RESA) .This is a Kenyan real estate certified association which bring together all the companies in real estate. Conduct due diligent on the company whether it is in the association. As Nyota Njema we are part of the union.
