Land,being an economical asset,is what everybody relies on; especially for those living in towns like Nairobi use it for construction purposes and buildings for staying and business. For the rural people, it is mostly used for cultivation purposes. According to land acts,if you are not satisfied with ancestral land,you need extra land at your own choice. By this,you need to buy it so that you fully satisfy your secondary needs.
Therefore, your cannot just acquire land if you don't have necessary requirements which I have to discuss with you below. Let us see some of these requirements and factors of acquiring land:
1. Land Identification:
This is where aspiring landowners identify a piece of land that meets their criteria such as location, size and soil type. These are key factors which are the key factors to consider when buying land in Kenya:
2. Search At The Land Registry:
After identifying a piece of land that meets the desired standards, a prospective buyer should obtain a copy of the land title deed from the seller to facilitate the search. Normally, it takes about two hours to get search results after filing a search application form (and attaching a copy of the title). This process costs Sh500.
Search results show details of the land including the registered owner of the land, acreage as well as any caveats registered against the title deed. A valid search should not be more than six months old.
3. Search At The Country Office:
This helps to unearth any unpaid land rates which should be factored in the purchase price. A certificate of clearance from Nairobi costs Sh10,000, but this varies in other counties. Payment of land rates is a legal duty of every landowner and it is compulsory for them to clear any pending rates and penalties (if any) before disposing of their property.
4. Obtain Land Rent Clearance :
The seller lawyer will obtain land rent clearance certificate from the office of the Commissioner of Lands at no cost. This process usually takes up to 19 days.
5. Obtain Maps Of The Land:
The maps can be acquired from either the Ministry of Lands or a surveyor at a cost of Sh300 each. One map is usually drawn to scale and the other is an overview of the land. After obtaining the maps, the buyer and the surveyor should visit the land to verify the dimensions. Once this is done, the buyer must erect beacons to avoid future. This marks the end of the rigorous due diligence process when buying land in Kenya.
6. Offers And Price Discussions:
Once the buyer is certain that all the details of the land are satisfactory, they will then ask their advocate to prepare a purchase offer. The letter of offer should include details of the buyer and the seller, a clear description of the land on offer, and the proposed buying price and the method of payment.
7. Sale Agreement:
The sale agreement, which is prepared by the seller’s advocate, indicates the terms of sale including the names of the buyer and seller, the price, mode of payment and documents to be supplied by the seller to facilitate registration of the transfer of land to the buyer. The buyer’s advocate should be present during the signing of the sale agreement.
At this point, the seller may ask the buyer to pay a 10% deposit, but it is advisable not to part with a penny until you get clearance from the Land Control Board.
8. Land Control Board Clearance:
The LCB is a forum that comprises area elders and county commissioners. Its main duty is to ensure that land transactions are conducted in a transparent manner, like stopping a husband from selling family land without the wife’s consent. This costs Sh1,000.
However, instead of waiting for the main LCB meeting, the parties can schedule a special meeting involving only the assistant county commissioner at a cost of Sh5,000.
8. Transfer Documents And Consent To Transfer:
Once the deposit payment has been made, the seller’s advocate prepares the land transfer forms that are signed by both the buyer and the seller.
The buyer then moves to the National Land Commission (NLC). This is where he or she is armed with a booking form, consent from LCB, land search, rates clearance from county, land rent certificate, KRA pin, transfer instrument, sale agreement and old title deed to apply for consent to transfer.
9. Acquisition Of Land:
This one becomes the last factor for the owner of the land because at this moment the land belongs to him or her. After undergoing through all the above 8 steps,the ninth step makes him or her free to use the land. In short,this are the fruits of labour before; thus the owner can fully enjoy the land as a whole.
For more information like this,kindly follow my channel and share the article to others so that they get to know these steps. Above all,you can ask questions wherever you do not understand and comment where necessary.
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