Purchasing Land In Kenya
1. Identify the Land
- **Research**: Identify the land that meets your needs, whether for residential, commercial, or agricultural purposes.
- **Visit**: Physically visit the land to inspect its location, size, and surroundings.
2. Conduct a Title Search
- **Title Deed**: Obtain a copy of the title deed from the seller.
- **Land Registry**: Conduct a search at the Land Registry to verify the ownership and check for any encumbrances or disputes.
3. Confirm Unpaid Land Rates
- **County Office**: Check with the county office to ensure there are no unpaid land rates or taxes on the property.
4. Obtain Land Maps
- **Survey of Kenya**: Acquire at least two land maps from the Land Registry or a local surveyor. One map should show the exact measurements, and the other should provide an overview of the land and adjacent plots.
5. Land Verification
- **Surveyor**: Visit the land with a surveyor and the seller to verify the boundaries and ensure everything matches the maps.
6. Negotiate Terms of Sale
- **Price and Terms**: Negotiate the purchase price and terms with the seller. Ensure clarity on payment terms and any conditions.
7. Draft and Sign a Sale Agreement
- **Legal Assistance**: Engage a lawyer to draft or review the sale agreement, outlining the terms and conditions of the sale.
- **Deposit**: Pay the agreed deposit through your lawyer to the seller's lawyer or the authorized agency (developer or realtor and obtain an official receipt for it).
8. Conduct Land Valuation
- **Government Valuer**: Apply for a valuation by a government valuer to determine the stamp duty payable.
9. Pay Stamp Duty
- **Stamp Duty**: Pay the stamp duty due, which is a tax levied on the transfer of property.
10. Transfer of Ownership
- **Transfer Documents**: The seller's lawyer prepares the transfer documents, which are signed by both parties.
- **Consent to Transfer**: Obtain consent to transfer from the Commissioner of Lands.
11. Registration of Transfer
- **Land Registry**: Register the transfer of ownership at the Land Registry to obtain a new title deed in your name.
12. Post-Purchase Activities
- **Compliance**: Ensure compliance with any property development regulations and obtain necessary permits.
By following these steps, you can ensure a smooth and legally compliant process when purchasing land in Kenya. If you need further assistance or have specific questions, feel free to ask!
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