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Purchasing land in Kenya involves several steps to ensure legal compliance and safeguard your investment. Here's a general outline of the procedure:

1.Identify Land

Find land: Locate land through real estate agents, advertisements, or local inquiries.

Due diligence: Visit the land to verify its location, size, boundaries, and suitability for your intended use.

2.Confirm Land Ownership and Status

Search at the Ministry of Lands: Obtain a copy of the land's title deed and conduct a land search at the Ministry of Lands or online via the e-Citizen portal. This confirms ownership, the land's legal status, and if there are any encumbrances (e.g., charges, caveats, disputes).

Survey plan: Obtain a survey map from the Survey of Kenya to verify the exact dimensions and boundaries of the land.

3.Engage a Lawyer

Contract a lawyer: It is advisable to hire a conveyancing lawyer to handle the transaction on your behalf. They will review documents, draft contracts, and ensure compliance with legal procedures.

4.Negotiation and Agreement

Price negotiation: Agree on the purchase price and payment terms with the seller.

Sale agreement: The lawyer will draft a sale agreement that includes the agreed-upon terms. Both parties will sign this agreement, usually with the buyer paying a deposit (often 10% of the purchase price).

5.Land Control Board (LCB) Consent

Obtain LCB consent: If the land is agricultural, you will need consent from the Land Control Board (LCB), which meets monthly. Both the buyer and seller must apply for this consent, which typically takes 2-6 weeks to be approved.

LCB fees: There’s a nominal fee for the consent, usually Ksh 1,000.

6.Transfer of Ownership

Transfer documents: After obtaining LCB consent (if required), the lawyer prepares the transfer documents.

Stamp duty: The buyer is responsible for paying stamp duty, which is calculated as:

4% of the property value in urban areas.

2% of the property value in rural areas.

Land rates and rent: Ensure any outstanding land rates or rent (payable to the county government) are cleared before the transfer.

7.Registration of the Transfer

Register the transfer: The documents, including the sale agreement, transfer form, consent from LCB, stamp duty receipt, and clearance certificate, are submitted to the Ministry of Lands for registration.

New title deed: Once registered, the land is officially transferred to your name, and you receive a new title deed. This can take a few weeks to process.

8.Post-Transfer Activities

Possession: After completing the registration, you can take full possession of the land.

Land use: If you intend to develop the land, obtain any necessary permits from the county government for construction or other development.

Additional Considerations:

Valuation: A professional valuer may be required to assess the land's value before completing the transaction.

Financing: If you are taking out a loan, the bank may require additional steps, including their own valuation and lien registration.

Following this procedure ensures the transaction is legal, transparent, and protects your interests as a buyer.

www.gakanyopropeties.co.ke