Possessing land in Kenya is a significant ambition for many, and securing a title deed is the ultimate evidence of ownership.
In this exhaustive exerpt, we will delve into the complexities of acquiring a title deed, offering clarity and understanding at each phase. We will explore the intricacies of the title deed procurement process, offering lucidity and insight at each juncture.
Varieties of title deeds:
1. Absolute Ownership Deed
This form of deed denotes complete ownership of land or property without temporal limitations. Owners possess full rights to utilize, develop, and transfer the land as they desire.
Absolute ownership deeds are regarded as the most reliable form of land ownership in Kenya, furnishing individuals with enduring control and investment assurance.
2. Leased Ownership Deed.
Leased ownership deeds confer individuals the privilege to utilize and inhabit land or property for a stipulated duration, typically spanning from 50 to 99 years.
While leased ownership offers certain advantages, such as affordability and access to coveted locations, it carries the constraint of finite tenure, necessitating prudent consideration of long-term consequences.
3. Segmented Ownership Deed
With the escalating demand for urban residences in Kenya, segmented ownership deeds have garnered prominence, particularly in apartment complexes.
These deeds signify ownership of individual units within a shared property, permitting communal ownership of common areas while granting autonomy over personal living spaces.
Initial Steps for Title Deed Acquisition.
1. Employ a Legal Counsel
The expertise of a proficient lawyer specializing in property law is indispensable during the title deed acquisition process.
Lawyers offer counsel on legal prerequisites, ensure adherence to regulations, and address any intricacies that may arise, safeguarding the interests of the land purchaser.
2. Collect Requisite Documentation
Successful title deed acquisition necessitates the compilation of essential documents, including:
Attested copies of national ID or passport.
Land search certificate procured from the Land Registry Office to authenticate ownership and pinpoint encumbrances.
Sales agreement: Legally binding document delineating terms and conditions of land purchase if applicable.
Valuation report: Carried out by a government-registered valuer to ascertain stamp duty.
Consent to transfer: Mandatory from authorities like the Land Control Board for specific land types or locations.
Payment receipts: Documentation of fees remitted for land registry, stamp duty, and other pertinent expenses.
3. Undertake Due Diligence
Thorough scrutiny of the land is imperative to verify ownership, detect existing encumbrances, and ensure compliance with regulations.
Due diligence mitigates risks and facilitates a seamless title deed acquisition process.
Procedures for Online Title Deed Application
Access e-Citizen account.
Sign in or establish an E-Citizen account and navigate to the Ministry of Lands, Housing, & Urban Development section.
Utilize the title deed number to execute a land search, remit the stipulated fee, and procure search results.
Acquire land rent clearance certificate: Obtain clearance directly from the Commissioner of Lands office, submitting completed application forms in quadruplicate.
Secure consent of transfer: Settle land rent and rates, then solicit consent from the National Lands Commission through a lawyer, addressing the Commissioner of Lands.
Submit transfer instrument and valuation: Evaluate stamp duty payable and submit the transfer instrument to the land registry for valuation.
Remit stamp duty: Settle stamp duty payment via the KRI iTax portal based on the determined land value.
Submission of documents to the Land Registry Office: This encompasses all necessary documents, along with completed transfer forms.
Registration of the Title Deed: Upon completion of processing, the Land Registry Office will issue the official title deed, formally registering you as the legal owner of the land.
