finsco August 9, 2023 2 Comments

HOW TO ACQUIRE A TITLE DEED IN KENYA

Step 1: Obtain the Official Land Search

The first step in the process is to obtain the Official Land Search, which is crucial to determine the property’s ownership status and registration history.

In-person Application:

To initiate the search, visit the Ministry of Lands and Physical Planning headquarters or any Land Office in your local district or sub-county. Pay a fee of Ksh 500 for the search and submit a duly filled search application (Form RL 26) along with a copy of the title document. The land search process typically takes around 3 days.

After completion, you will be issued a stamped Certificate of Official Search (Form RL 27) detailing the status of the land.

Required Documents:

– Duly filled Application for Official Search (Form RL 26)

– Proof of land ownership

– PIN certificate (copy)

– Identity card (copy) for Kenyan applicants

– Foreign national registration certificate or alien card (copy) for foreigners residing in Kenya

– Passport (copy) for non-citizen applicants

Apply Online:

For a more convenient option, you can apply for a land search online through the e-citizen portal. Sign up and navigate to the Ministry of Land, Housing & Urban Development link. Select the land search option, enter the title number, and fill out the online land search form for Kenya. Submit the form and proceed to make the payment (Ksh 500) using available methods such as debit card, credit card, M-Pesa, or bank transfers.

Once the payment is confirmed, you can either print the results or access them anytime through the portal.

Step 2: Obtain Land Transfer Documents

In this step, you’ll work with a lawyer to facilitate obtaining and notarizing the land transfer documents. The process includes the following steps:

i. Apply, Pay, and Obtain Rates Clearance Certificate from the County Government: The seller’s lawyer will handle this step by consulting the local county government lands office. The process takes approximately five days and costs Ksh. 10,000. The clearance certificate verifies that all outstanding fees at the City County’s office have been settled.

ii. Apply and Obtain Land Rent Clearance Certificate from the Commissioner of Lands: The commissioner of lands issues this certificate upon payment of outstanding land rent. It serves as proof that there are no outstanding fees to be paid to the County Government.

iii. Apply and Obtain Consent to Transfer from Commissioner of Lands: Obtain consent to transfer leasehold land held by the government under the repealed Act from the National Land Commission. This process takes about nine days and costs Ksh. 1,000.

iv. File the Transfer Instrument at the Lands Office for Assessment of Stamp Duty Payable on the Transfer: The buyer’s lawyer drafts the transfer, which is then approved by the seller’s counterpart. The instrument is submitted for assessment of stamp duty at the Lands registry. Stamp duty is 4% of the property value for urban lands and 2% for rural lands.

Step 3: Obtain Valuation for Stamp Duty

During this step, a land officer inspects the property to verify its development and state. The inspector evaluates the indicated purchase price to ensure accurate tax payment. If there’s a difference between the assessed and indicated values, an additional payment is requested.

Step 4: Stamp Duty Payment

Complete the Stamp Duty form, including the purchase price, and have the value endorsed for Stamp Duty. The stamp duty assessment officer will assess the payable amount and indicate it on the forms. Payment is made with a banker’s check through approved banks, such as Kenya Commercial Bank or The National Bank of Kenya, to the Commissioner of Domestic Taxes on behalf of the Commissioner of Lands. The process takes around four days for the Kenya Revenue Authority to confirm receipt of payment.

Step 5: Land Registration

Pay a registration fee of Ksh 500 and fill out a booking form. Lodge the completion documents at the Lands Office for the transfer’s registration. This process typically takes 12 days.

After successful registration, you’ll receive the original title deed in your name, along with other relevant documents.

Post-Purchase Activity

After a week or two, conduct another search with the Ministry of Lands to confirm that the land is now under your name.

Required Documents for Land Registration:

– Duly filled booking form

– Consent to transfer land (copy)

– Official land search (original)

– Land rates clearance receipt (copy)

– Land rent certificate (copy)

– Transfer instrument (3 original + copy)

Discover more about our superb plots in sought-after neighborhoods with ready title deeds by reaching out to:

📞 +254 112 911 745

Shoot us an email at: sales@finscoafrica.com

2 Comments

  1. Andrew Omollo
    August 27, 2023

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    • August 28, 2023

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