How to register and transfer land titles
MANY people do not like going through the process of land registration because they see it as tedious. If you know the process and the documents required, however, you will be able to register or transfer your parcel of land in approximately 90 days.
Here is the process of registering or transferring land in Kenya.
Apply and obtain land rent clearance certificate
This is done from the office of the Commissioner of Lands. The seller’s lawyer
will obtain this certificate at no cost and can take up to 19 days to get it.
Apply, pay and obtain rates clearance certificate
Again this is done by the seller’s lawyer from the national, city or county government. The process can take five days at a cost of Sh10,000.
This certificate proves that there is no outstanding fees to be paid at the City County’s office. The lawyer’s fees are calculated based on the value of the land.
Apply for a search on the title
This stage is important as it shows if someone else owns the land or if it has been registered before. One cannot carry out a personal search, it has to be done by the land registration office. It takes three days at a cost of Sh500.
Apply and obtain consent to transfer
The consent to transfer leasehold land held by the government, under the repealed Act, is required to be obtained from the National Land Commission. Previously, the consent was obtained from the Commissioner for Land. This takes nine days at a cost of Sh1,000.
File the transfer instrument
The draft transfer is done by the buyer’s lawyer at the National Land Commission. The transfer instrument has to be approved by the seller’s counterpart before it is filled at the land’s office, to be assessed for stamp duty. This process will take four days at a fee of Sh500.
Get site inspection by government valuer and valuation report
An inspector will visit the site to verify the the state of the property. The inspector has to be picked up in person and driven to the site. This may happen within a day or may take up to a month. Once the valuer has inspected the property, a report is compiled. The value is endorsed on the transfer.
Endorsement of value for Stamp Duty and its assessment
Complete the Stamp Duty form including the purchase price. The stamp duty assessment officer will then assess the duty payable and indicate the amount on the forms. This takes three days.
Payment of Stamp Duty
Pay the stamp duty at a commercial bank and receive a confirmation from the Kenya Revenue Authority. It takes four days for the KRA to confirm receipt of payment.
Lodge stamped transfer document for registration
The stamped transfer documents are lodged for registration at the Land’s Office. The seller’s lawyer obtains these documents including original certificate of title, rates clearance certificate, land rent clearance certificate and the consent transfer. This process takes 12 days.
Source: the star