13/06/2022
Land buying process made simpler
If you are buying land from an individual or a group mostly in reserve counties(other than Nairobi) follow the following steps:
1. Ask to see the title deed or copy of title deed. Then do a search and a greencard at the ministry of lands to confirm who the real owners are or if the title has any prohibition,caution,easements,charge etc on it. The search is free from the ministry of lands but the surveyor or the lawyer will ask you for a small fee maybe ksh 500
2. Do a search with the local authorities to check of any unpaid land rates. If any, agree with the seller on who will settle the debt. Nb: land can't be transferred if there are unpaid land rates.But in most counties land with freehold tenure does not need payment of rates.
3. Go to the ministry of lands and buy 2 plans one showing the exact measurements of the piece u are buying (called mutation) and the other showing the neighbouring lands called registry index map(RIM) Each costs about ksh 300
4. With your 2 maps get a registered surveyor to confirm whether the land on the ground is the the one that appears on the map.If the ground conforms with the map go to the next step.
5.Ask the seller to give you the his ID so that you can verify the details from the registration of persons department as these days there are so many impersonations and fake Id cards
6. Sit down with ua seller and bargain the price. Write down an agreement. The agreement can be done before a lawyer or yu may decide to do it yourself. It's not a must to be written by a lawyer but it's highly advisable.
The spouse MUST be present and she/he should also give consent in the prescribed way
7. Pay down payment as you wait for the land control board consent .
8. Book a meeting with the lands control board(LCB). They meet once a month. It will cost you kshs 1,000.LCB will issue consent for the land to be sold.
9. Pay the remaining balance after getting consent from LCB.
10. With the consent from LCB, a duly filled transfer form signed by the advocate,Spouse consent,old title deed and certified passports,I'd copies and pin certificates and ( clearance form from County land rates in some counties) submit them to the ministry of lands offices
10. At this stage, you no longer need the seller. Now go and pay stamp duty ie according to the value of the land.
4% of sale value in municipalities
2% " " " in reserves
11. Now the land belongs to you.
Steve Kimani
Land surveyor
