Land Ownership in Kenya: Legal Steps for Buying Property Safely
Land transactions in Kenya have a long history of disputes and fraud. Whether buying land for residential, commercial, or agricultural use, following legal procedures is critical to protect your investment.
1. Conduct Due Diligence
Before you pay a single shilling, perform a search at the Ministry of Lands to verify the ownership and check for encumbrances like loans or caveats.
2. Use a Licensed Surveyor
Ensure the land has proper boundaries. Hire a licensed surveyor to inspect and confirm the acreage, location, and beacon placements.
3. Draft and Sign the Sale Agreement
A legal contract prepared by a property lawyer should include:
Details of buyer and seller
Description of property
Agreed price and payment plan
Completion and transfer timelines
4. Obtain Land Control Board Consent
In rural areas, consent from the Land Control Board (LCB) is mandatory before land can be transferred. It helps prevent illegal land sales.
5. Pay Stamp Duty and Taxes
Stamp duty (typically 4% of the property value in urban areas and 2% in rural) must be paid to the Kenya Revenue Authority (KRA).
6. Registration of Title
After the sale, the land is transferred to your name through the Ministry of Lands. You’ll receive a Title Deed under the Land Registration Act.
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