A lot of people don’t like going through the land registration and transfer process in Kenya because they think it’s tedious. Particularly, it can get even more cumbersome if you don’t know the the process of how to transfer land title in Kenya.
If you know the procedure and the paperwork needed, you will be able to register and transfer your piece of land in no time at all. The land transfer process will take roughly 90 days.This article will guide you not only on the registration process but also on how to transfer land title in Kenya.
Apply and obtain land rent clearance certificate
The first step when you want to transfer land title will be applying and obtaining a land rent clearance certificate from the count land’s office.
The seller’s can obtain this certificate at no cost with the assistance of his lawyer and the process can take up to 21 days.
Apply, pay and obtain rates clearance certificate
Again, this can be handled by seller’s lawyer from the County Land’s office. The entire process will take five days at the cost of Ksh. 10,000. The cost might be lower in other counties.
This certificate indicates that there are no unpaid rates to be charged at the City County office. Lawyer fees are determined on the basis of the value of the land.
Apply for a search on the title
This stage is very necessary since it indicates whether someone else owns the land or whether the land has already been registered.
An individual can not do a personal search, it must be performed by the Land Registry Office. It will cost Ksh 500 and will take three days.
Apply, obtain consent to transfer
A buyer will obtained from the National Land Commission the consent to transfer leasehold which is provided by the repealed land act.
The process will take approximately 9 days and cost Ksh 1000. Previously, the consent to transfer land was obtained from the Commissioner of Lands.
File the transfer instrument/Document
The sale request shall be made by the buyer’s lawyer at the National Land Commission. The sale document must be approved by the seller’s advocates also before being filled in at the land office to be reviewed for stamp duty. This process is going to take four days and will cost Ksh 500.
Receive site inspection by government valuer and obtain valuation report
A government inspector must visit the site to check the condition of the land. The inspector must be picked up in person and taken to the site. This can happen within a day or could take one month. If the valuer has evaluated the land, a report is prepared with the value endorsed on the transfer.
Assessment and Payment of Stamp Duty
The stamp duty payable will be assessed by a stamp duty officer and indicate the duty payable. This should take about three days.
You will be required to pay the assessed stamp duty at a commercial bank after which you will receive a confirmation from the Kenya Revenue Authority. It may take up to four working days to receive receipt confirmation from KRA.
Lodge stamped transfer document for registration
The stamped transfer papers are sent to the Lands Office for approval. The seller’s lawyer shall receive the following documents, including the original Title Certificate, the Rate Clearance Certificate, the Land Rent Clearance Certificate and the transfer of consent. This process is going to take 12 days.
If you follow the above procedures on how to transfer land title in Kenya, the transfer process will not only be quicker but seamless.
First to ensure that the property is lawful and, secondly, to speed up the transfer process.