The Recommended Process of Buying Land in Kenya

Buying land for the first time can be quite a challenge. You may not know the correct process to follow in acquiring your preferred piece of land. Failure to follow the right process can land you into costly legal problems. It also increases your likelihood of getting conned and losing your hard-earned money. The land acquisition process discussed in this article will help you buy land like a pro.

Step 1: Settle on the Piece of Land You’d like to Buy

The first step in land acquisition is settling on the land you want to buy. Make sure that the land you are interested in buying is on sale. If you are interested in buying a piece of land that is not on offer, you can talk to the owner(s) and see if they would be interested in selling.

There are two types of sellers that you can buy land from in Kenya. One is a land-selling company. Land-selling companies often buy, sub-divide, market, and sell pieces of land to their clients. The other is an individual owner of the land you would like to buy.    

Step 2: Conduct a Land Search

Once you have found the piece of land you would like to buy, and the owner is willing to hand over the land to you in exchange for money, the next step is conducting a search at the land registry. A search helps you verify the legitimate owner of the land, its true size, and any impediments that may complicate the sale of the land. If there are impediments to the sale of the land you seek to buy, the land search will help save you the time and money you are likely to waste in such an endeavour.

Thanks to the ongoing digitization at the Ministry of Lands, you can do a land search from the comfort of your home. All you need to do is log on to the eCitizen platform, navigate to the Ministry of Land and Physical Planning section, and select the land search option. Provide the necessary information and pay the required fee of KShs. 500. The system will generate a signed and sealed result form.     

Step 3: Determine if there are Unpaid Land Rates

If you are satisfied with the search results, you should confirm if there are unpaid land rates for the land you intend to buy. Information regarding land rates can be obtained at the county land rates office where the land is located. You cannot transfer land with unpaid land rates. Hence, if there are prevailing unpaid rates, you must agree with the owner who will clear such.    

Step 4: Acquire the Relevant Land Maps

The next step is acquiring the relevant land maps of your preferred piece of land from a local surveyor or the land registry. There is a map showing the exact measurements for the land you plan to buy and another map showing adjacent plots. The key goal of acquiring land maps is to verify if everything on the ground corresponds with the maps. Thus, you should visit the site and confirm if everything checks out.  

Step 5: Writing and Signing a Sales Agreement

If you are satisfied that everything on the map corresponds to the facts on the ground, you can confidently move to the next step, preparing and signing a sales agreement. Land sale agreements are vitally important in the sale process. You will need the help of a lawyer to create a solid sale agreement and handle the land sale. The agreement covers important land transaction details like the size, agreed-upon price, and mode of payment, among other things. A solid agreement will protect you and your money in case there is a conflict down the line.

Step 6: Land Control Board Clearance

Step six is getting the okay of the Land Control Board. The Board is tasked with ensuring that land transactions are conducted transparently and per Kenyan law. Hence, the failure to act per the law could lead to the halting of the land transfer process at the Board stage. The Board consists of the county commissioner of the respective county and elders from the areas where the land is situated. If the Board is satisfied that the transaction is above Board and accords with the law, it will consent to the land sale.

Step 7: Land Valuation

After getting the okay of the Land Control Board, you can confidently proceed to apply for Land Valuation by filling out a valuation form at the land registry where the land you are buying is located. A valuer will visit the land you intend to buy to independently verify its value. The land valuation aims to determine the stamp duty that will be paid later in the land transfer process. The valuer computes the market value of the land at the time of the valuation. If they determine that the value indicated in the valuation form is below the market value, they can raise the same for the purposes of calculating the stamp duty that you will be required to pay.  

Step 8: Stamp Duty Payment

The next step is paying the stamp duty. Payment of the stamp duty is your obligation as a buyer. However, it is important to specify on the sales agreement whether the amount will be part of the buying price.

Step 9: Land Transfer

Once you have paid the stamp duty, you can now proceed to register the transfer. You and the seller will have to sign the requisite transfer forms and submit the same to the land registry where the land is located. The seller is required to also take the following documents to the land registry:

1. The old Title Deed
2. The Land Control Board Consent Form
3. Sale agreement
4. KRA pin
5. 2 Passport size photos

Once the transfer is complete, the land will legally move from the seller to you, the buyer. However, you must pay the seller all the agreed-upon amount for the deal to be done.

Step 10: Land Transfer Confirmation

After the transfer process has been completed, it is prudent to do another land search after 1-2 weeks to verify that the land now belongs to you. If the search proves you are the new land owner, congratulations, you have successfully bought land in Kenya.