THE PROCESS OF BUYING LAND IN KENYA

  • 11 months ago
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It is advisable to find a lawyer to help you through the legal process of buying land in Kenya. Reason being, they understand what is required, they know the ins and outs of the process and all the documentation required to make the process seamless.

The steps of buying land include:

1. Find the Land

At first you may hear from mainstream media, social media, or from a referral, get Uwezo land limited contact 079244422 and we ensure we take you for site visit before any other process.

2. Carry Out a Land Search

Once you find the land and talk to the seller, ask for a title deed to help you do the land search, which is free, on the new Ardhisasa platform. The results will come out immediately once the property has been added to the system and is verified by the Ministry of Lands.

You will need to register an account to perform the land search. The system will ask for your National ID and Serial Number, email address, phone number and coloured passport-size photo. Currently, it’s only Kenyans who can register on the platform.

The land search results will tell you who owns the land, the size, and if there are any caveats associated with that plot of land. All property owners must be registered on the Ardhisasa platform.

3. Conduct a Search Where the Land is Located

If you are buying land outside Nairobi, you will need to conduct a search at the respective Registry where the land is located. For instance, if the land is in Nanyuki, check with the Survey office in Laikipia.

Different counties have different charges for this search. The Ministry of Lands has all the contact details for Land Registries.

This search will also help you know if the land has any pending land and rents rates owed to the government. If there are any, the seller should clear them before transferring ownership to you.

Make sure you get a copy of the land rent and rates clearance certificates and receipts that show no pending rates to pay.

4. Get Survey Maps

Survey maps will help you know where the boundaries of the land should be. The Ministry of Lands provides survey maps upon request. You can also buy the maps from a surveyor.

After getting the maps, visit the land with the surveyor and the seller to mark boundaries on the piece of land to avoid disputes during the sale process.  A visit to the land is also to ensure that you are buying land that exists.

5. Ensure the Seller Has Consent

Depending on the type of land you are buying, the seller needs to show you that they have permission to sell the land. A lawyer will help you in this stage because different types of land require different consents.

6. Sign the Sale Agreement

The sale agreement is a legally binding document drawn up by the seller’s lawyer. This agreement protects both the seller and the buyer to ensure that you each benefit from the sale.

You will fill three copies of the agreement: one for you, the seller and the lawyer. It will have:

    • Buyer and seller details
    • Land description
    • Cost of the land and payment timelines
    • Who pays for what during the process
    • And what happens if there is a breach of contract

The first thing we do at Uwezo land limited is making sure we sign an agreement ie Uwezo land; the seller, you the client and a lawyer which protects the three parties.

7. Land Transfer 

Once you complete all the payments, the seller then prepares and signs the land transfer documents to the buyer. Your lawyer should help you with this process to ensure that you get what you are paying for.

As a company we ensure we have the  relevant consent to facilitate the transfer of land ownership through the Ardhisasa online portal.

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