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Owning land in Kenya is a significant aspiration for many, and obtaining a title deed is the ultimate proof of ownership.
In this detailed guide, we will explore the intricacies of the title deed acquisition process, providing clarity and insight into each step.
Types of title deeds
1. Freehold title deed
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This type of deed signifies absolute ownership of land or property without any time restrictions.
Owners have full rights to use, develop, and transfer the land as they see fit. Freehold title deeds are considered the most secure form of land ownership in Kenya, providing individuals with long-term control and investment security.
2. Leasehold title deed
Leasehold title deeds grant individuals the right to use and occupy land or property for a specified period, typically ranging from 50 to 99 years.
Renewal options are available upon the expiry of the lease agreement. While leasehold ownership offers certain benefits, such as affordability and access to desirable locations, it comes with the limitation of finite tenure, requiring careful consideration of long-term implications.
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Title deed
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3. Sectional title deed
With the increasing demand for urban housing in Kenya, sectional title deeds have gained prominence, especially in apartment complexes.
These deeds represent ownership of individual units within a shared property, allowing for communal ownership of common areas while providing autonomy over personal living spaces.
Sectional title deeds cater to the need for affordable and accessible housing options in densely populated urban areas.
First steps for title deed acquisition
1. Engage a lawyer
The expertise of a qualified lawyer specializing in property law is invaluable during the title deed acquisition process.
Lawyers provide guidance on legal requirements, ensure compliance with regulations, and address any complexities that may arise, safeguarding the interests of the land buyer.
2. Gather necessary documents
Successful title deed acquisition necessitates the compilation of essential documents, including:
- Certified copies of national ID or passport.
- Land search certificate obtained from the Land Registry Office to confirm ownership and identify encumbrances.
- Sale agreement: Legally binding document outlining terms and conditions of land purchase if the land is being bought
- Valuation report: Conducted by a government-registered valuer to determine stamp duty.
- Consent to transfer: Required from authorities like the Land Control Board for specific land types or locations.
- Payment receipts: Documentation of fees paid for land registry, stamp duty, and other relevant expenses.
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Land title deed
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3. Conduct due diligence
Thorough investigation of the land is essential to verify ownership, identify existing encumbrances, and ensure compliance with regulations.
Due diligence minimises risks and facilitates a smooth title deed acquisition process.
Steps for online title deed application
Access e-Citizen account
- Log in or create an E-Citizen account and navigate to the Ministry of Lands, Housing, & Urban Development section.
- Use the title deed number to conduct a land search, pay the required fee, and obtain search results.
- Secure land rent clearance certificate: Obtain clearance directly from the Commissioner of Lands office, submitting filled application forms in quadruplicate.
- Obtain consent of transfer: Clear land rent and rates, then apply for consent from the National Lands Commission through a lawyer, addressing the Commissioner of Lands.
- File transfer instrument and valuation: Assess stamp duty payable and submit the transfer instrument to the land registry for valuation.
- Pay stamp duty: Clear stamp duty payment via the KRI iTax portal based on the determined land value.
- Submitting documents to the Land Registry Office: This includes all required documents, along with completed transfer forms.
- Registering the Title Deed: Once processing is complete, the Land Registry Office will issue the official title deed, formally registering you as the legal owner of the land.