Obtaining a title deed in Kenya signifies a significant achievement, but the journey doesn’t end there. If you find yourself needing to transfer ownership of your land, here’s a breakdown of the process:
1. Preparation:
- Gather Documents: You’ll need various documents, including:
- Copies of your ID and KRA PIN.
- Copies of the seller’s ID and KRA PIN.
- The original title deed of the land.
- A land search certificate (obtained from the Land Registry).
- Consent to transfer from the Land Control Board (LCB) or relevant authority.
- A valuation report for stamp duty purposes.
- A sale agreement outlining the terms and conditions of the transfer.
- Land rent and rates clearance certificates (obtained from local authorities).
- Passport photos for both buyer and seller (usually 2-3 copies each).
- Engage a Lawyer (Optional, but recommended): A lawyer specializing in property law can ensure a smooth process, handle negotiations, and address legal aspects.
2. Land Search:
- Conduct a land search at the Land Registry Office to confirm ownership and identify any encumbrances on the land.
3. Obtain Consent to Transfer:
- Apply for and obtain consent to transfer the land from the Land Control Board (LCB) or the relevant authority.
4. Prepare the Sale Agreement:
- This legally binding document outlines the terms and conditions of the sale, including the purchase price, payment schedule, and any special conditions.
5. Land Valuation:
- Arrange for a land valuation by a government-registered valuer. This report is crucial for calculating stamp duty.
6. Pay Stamp Duty:
- Based on the land’s valuation, you’ll need to pay stamp duty to the Kenya Revenue Authority (KRA).
7. Land Registration:
- Submit all necessary documents, including the completed transfer forms, to the Land Registry Office for processing.
8. Payment of Fees:
- Pay any registration fees associated with the transfer process.
9. Title Deed Transfer:
- Once processing is complete, the Land Registry Office will issue a new title deed reflecting the new owner’s name.
Final Thoughts
- Maintain copies of all documents for your records.
- Verify the authenticity of all documents provided by the seller.
- Don’t hesitate to ask questions if anything is unclear throughout the process.
This is a general guide, and specific requirements might vary depending on the circumstances. It’s always recommended to consult with a lawyer specializing in property law to ensure a smooth and successful transfer process.
