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.
