How to register and transfer land Title Deed in Kenya

How to register and transfer land Title Deed in Kenya
How to register and transfer land Title Deed in Kenya

How to apply for a Land Title Deed Search online

Step One: Do an online land search

  1. Log onto the e-Citizen portal E-Citizen and sign up
  2. Click on Ministry of Land, Housing & Urban Development link and choose the land search option
  3. Enter the title number and fill the online land search form Kenya and submit. A search should ideally confirm that: The person selling the land to you is the legal owner.
  4. The land has no encumbrances that may include a charge by the bank, a caveat restricting the sale of the land amongst other issues.
  5. Confirm the details and proceed to pay using the available payment method which can be a debit card, credit card, M-Pesa, or bank transfers.
  6. One is required to pay a fee of Ksh 500 for the search
  7. Once the payment is confirmed, the applicant can proceed to print the results, and if you choose not to, the information will always be available on the portal anytime you log in.

Step Two: Obtain land transfer documents

This step involves contacting a lawyer to facilitate obtaining and notarizing the land transfer documents:

  1. Apply, pay and obtain a rates clearance certificate from the County Government.
  2. This is done by the seller’s lawyer through consulting the local county government lands office.
  3. The whole process can take five days at the cost of Ksh 10,000.
  4. This certificate proves that there are no outstanding fees to be paid at the City County’s office. Lawyer’s fees are calculated according to the value of the land.
  5. Upon payment of all outstanding Land Rates at the Local County Governments and upon an application and payment of the prescribed fees. The respective County Governments shall issue a Land Rates clearance certificate.

Step Three: Apply and Obtain Land Rent Clearance Certificate from the Commissioner of Lands.

  1. Upon payment of outstanding Land rent and on an application, the commissioner of lands issues a Land rent clearance certificate. This certificate is proof that there are no outstanding fees to be paid to the County Government
  2. The following documents are required when making requests for land rent clearance certificate; Duly filled application forms in quadruplicate
  3. A complete copy of the title Copy of deed plan Evidence of full payment of the outstanding rent (LRT2 deposit forms, pay-in-slips, and most recent rent clearance certificate).

Step Four: Apply and Obtain Consent to transfer from the Commissioner of Lands.

  1. The consent to transfer leasehold land held by the government under the repealed Act is required to be obtained from the National Land Commission.
  2. Upon payment and issuance of Both Land rent certificate and Land rate certificate, an application is made in writing by the lawyer to the commissioner of lands and the prescribed form executed for consent to transfer the desired property.
  3. Upon payment of the prescribed amount, consent to transfer is issued. This process takes nine days at the cost of Ksh 1,000.

Step Five: File the transfer instrument at the Lands Office for assessment of stamp duty payable on the transfer.

  1. The draft transfer is done by the buyer’s lawyer and the transfer instrument has to be approved by the seller’s counterpart before it’s filled at the land’s office to be assessed for Stamp Duty.
  2. After the lawyer’s approval, the instrument is submitted for assessment of stamp duty at the Lands Registry.
  3. The stamp duty is 4% of property value for urban lands and 2% for rural lands.
  4. The stamp duty amount to be paid is indicated when the application is filed, but it takes approximately 7 days to obtain the receipt of payment (obligated to pay with a banker’s check) from the bank.
  5. The payment is made directly at the Lands Office.

Step six: Obtain valuation for stamp duty

Receive inspection by a land officer.

Once the draft transfer has been filed at the land office, an inspector visits the site to verify the development and state of the property.

Due to lack of transport, in practice, the inspector often has to be picked up in-person and driven to the site.

There are no prior appointments made and the actual inspection may happen within one day or, in the worst case, one month.

However, note that this time is not limited and in some cases, entrepreneurs may wait months for a valuation.

Once the evaluator has inspected the property, a report is compiled which the value is endorsed on the transfer.

Obtain a valuation of the property by Government evaluator.

The inspector visits the site to evaluate and verify the indicated purchase price of the property in order to ensure accurate tax payment. If the assessed value differs from the one indicated by the parties, an additional payment is requested.

Step seven: Stamp duty payment

  1. Endorsement of value for Stamp Duty and assessment of Stamp Duty.
  2. Complete the Stamp Duty from including the purchase price.
  3. The stamp duty assessment officer will then assess the stamp duty payable and indicate the amount on the forms. This takes three days.
  4. Payment of Stamp Duty. It is mandatory to pay the stamp duty with a banker’s check.
  5. The payment is made through commercial banks and the approved banks include the Kenya Commercial Bank and The National Bank of Kenya.
  6. Payment is made to the Commissioner of Domestic Taxes on behalf of the Commissioner of Lands. It takes four days for the Kenya Revenue Authority to confirm receipt of payment.
  7. This Stamp Duty is payable online via the KRA Itax portal.
  8. Submission of the documents for franking/ obtaining franked documents.
  9. After payment of stamp duty, the transfer documents are submitted for franking to confirm that any charges or taxes, such as the stamp duty on those documents have been paid
  10. Which Are The Details Provided Through Online Land Search In Kenya
  11. Considering that land registry entails quite a lot, the land search is expected to prompt the key details of the land, such that the owner or prospective buyer is able to develop utmost certainty on everything pertaining the piece.

 

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