Land Acquisition Guide In Kenya

Acquiring land in Kenya involves a legal process to ensure a secure and lawful transaction. This guide outlines the key steps involved in buying land in Kenya:

To invest in land in Kenya, follow this simplified guide for a lawful transaction:

1. Identify the Land:
Choose land based on location, accessibility, budget, and align with classifications: Residential, Commercial, Industrial, or Agricultural.

2. Engage a Professional Surveyor:
Hire a licensed surveyor to conduct a thorough survey, confirming boundaries and dimensions. This step ensures that the land description aligns accurately with official records.

3. Obtain the Land Title Deed and Conduct a Land Search:
Review the seller’s title deed for authenticity. Perform a land search for ownership validation using platforms like Ardhisasa https://ardhisasa.lands.go.ke/home or E-Citizen.

For Individuals, Request:
– Copy of ID Card and Kra Pin .
– Copy of Title Deed with the seller’s name – ID copies of multiple owners
– Formal letter of “consent to sell”  signed by all title deed’s registered owners
– Certified Copy of Mutation Form that produced the property if it was subdivided from a larger parcel or a result of an amalgamation of other parcels of land.
– Certified Copy of Registry Index Map ,clearly illustrating the shape and title number of the parcel you are viewing.

For Companies, Ask for:
– Certified copy of Certificate of Incorporation
– Current CR12 (This is the official document issued by the Company Registrar, providing details on the shareholding or directorship of a company).
– Certified Copy of company’s KRA PIN Certificate
– Certified Copy Title Deed
– Certified Copy of Mutation Form
– Certified Copy of Registry Index Map

5. Engage Legal Representation:
Engage a skilled, licensed real estate lawyer to manage legal aspects. They will navigate legal requirements, review contracts, and ensure compliance. Verify their licensing with The Law Society of Kenya at https://online.lsk.or.ke/ using their license number and certificate.

6. Negotiate the Purchase Price and Sign the Sale Agreement:
Negotiate the price, agreeing on total cost, deposit, and completion period. The sale agreement should encompass details such as terms, buyer/seller particulars, land description, payment schedules, and expense responsibilities. Ensure transparency, legal compliance, and understanding between parties, covering potential breaches and charges like 4% stamp duty (urban) or 2% (rural). Legal fees, contingent on land value, are applicable, with a minimum of Kshs 35,000 for land valued below Kshs 5M.

7. Payment of Deposit:
Fulfill the deposit payment as specified in the agreement.

8. Land Control Board Approval (if applicable):
For agricultural land, seek approval from the Land Control Board if necessary.

9. Full Payment and Transfer with Escrow:
Complete full payment, depositing funds in an Escrow Account for security. The advocate handling the account should issue a Professional Undertaking for added security.

10. Fulfill Stamp Duty Obligation:
Comply with stamp duty payment requirements, directed by land value, to the Kenya Revenue Authority (KRA). Pay a stamp duty of 4% for land situated in urban areas and 2% for rural areas.

12. Acquire the Fresh Title Deed:
Retrieve the new title deed from the Lands Office post-registration, affirming your land ownership. It’s advisable to conduct a secondary Search and Certified Green-card requisitions after the title deed registration to ensure the accurate recording of your details as the new owner, confirming the successful land purchase.

13. Notify Authorities:
Inform relevant authorities about ownership changes.

Collaborate with professionals for a secure land acquisition. Stay informed about current land laws in Kenya. #LandAcquisition #RealEstateKenya #LegalLandPurchase #PropertyInvestment #KenyaLandTransaction

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