Land Question

LAND


These days all and sundry are  buying land.  Following is a step by step process to follow to avoid the path of being conned or rather just ensuring yuu stay on the right side of things:

Land Map
Visit the local surveyor and purchase maps of the place, normally two, one drawn to scale (informally known as tracing or mutation) and another showing the neighbouring farms, costing Ksh300 per map. You can buy these at the Lands Ministry but a surveyor is better and faster.
Ground Verification
Armed with the map, the surveyor and the seller visit the land on the ground. Have a tape measure to confirm the dimension from the map drawn to scale. Make sure you see the beacons or replace the lost ones. Surveyors charge about Ksh1,000 per beacon. Make sure the bordering neighbours are in agreement with the boundaries.
Agreement
The law requires any land transaction to be in writing. It is very advisable to have a lawyer (though not a must). According to the tariff provided by Law Society of Kenya the lawyer should charge Ksh3000 if land cost is Ksh1,000,000 and below and Ksh8,000 if land value is above Ksh1,000,000. Lawyer’s cost is normally shared equally between buyer and seller.
Ensure that the spouse to the seller is present at this stage or at least the spouse is aware and agrees with the transaction to avoid later complications.
Post Agreement Transaction
According to the agreement, you may be pay in cash or installment. Ensure by the time you make the initial payment the title deed and other legal documents are in the custody of the lawyers. This is because the seller still owns the piece of land and may involve other transactions using the title deed, which may harm you financially.
Land Control Board
Book the Land Control Board (LCB) meeting. The LCB is a forum made of the Assistant County Commissioners (Previously called DOs) and the local village elders which meets once a month. They are the ones who give the final consent for the land to be sold. Their role is to protect the seller from self-destruction e.g. where a man is selling land without wife’s knowledge and they don’t have anywhere else to go or the land being sold is clan/community land. LCB costs Ksh1000.
However, there is a special Land Control Bond (SCLB), which involves only the Assistant County Commissioner and the two transacting parties instead of waiting for the main LCB that meets once per month. SCLB costs Ksh5,000 and may take two hours depending with availability of the Assistant County Commissioner.
Land Transfer
After all payments, the seller signs Land Transfer Forms which together with Consent from LCB, land search, clearance from county/ municipal council, passport photos, KRA PIN, agreement and old title deed are taken to the Ministry of Lands to change ownership. It costs Ksh5,000 to process new title which should be ready within two weeks.
Stamp Duty and Transfer Fees
You will need to pay stamp duty based on the value of land, i.e four per cent for municipalities and two per cent for reserve.
Post Purchase Activity
After one week, the buyer should do another search with the Ministry of Lands to confirm that the land now reads his/her details

HOW ABOUT THIS:

If you are buying land from an individual or a group, follow the following steps:

1. Ask to see the title deed or copy of title deed. Then do a search at the ministry of lands to confirm who the real owners are or if the title has any Caveat on it. The search will cost you kshs 520.
2. Do a search with the local authorities to check of any unpaid land rates. If any, agree with the seller on who will settle the debt. Nb: land can’t be transferred if there are unpaid land rates.
3. Go to the ministry of lands and buy 2 maps, one showing the exact measurements of the piece u are buying (called mutation) and the other showing the neighbouring lands. Each costs Ksh 350.
4. With your 2 maps and a surveyor (you can even do it yourself) , visit the land you are buying and verify the details on the map. Check out all the beacons.
5. Sit down with ua seller and bargain the price. Write down an agreement. The agreement can be done before a lawyer or yu may decide to do it yourself. It’s not a must to be written by a lawyer. According to LSK, if the value of the land is below 1 million, you pay the lawyer 3k. If above 1m, yu pay 8k for the agreement.

The spouse MUST BE present! Ask me why the spouse must be present.
6. Pay some amounts or as per your agreement. Don’t pay everything, hata kama unazo pesa.
7. Book a meeting with the lands control board(LCB). They meet once a month. It will cost you kshs 1,000. But there is a special LCB meeting which yu can book at 5k. LCB will issue consent for the land to be sold.
8. Pay the remaining balance after getting consent from LCB.
9. With the consent from LCB, a recent search(not more than 6 months), clearance form from County land rates, your 2 maps, the agreement, KRA PIN, 2 Passports and copy of the title deed, go to the ministry of lands to change ownership. Cost kshs 5000.
10. At this stage, you no longer need the seller. Now go and pay stamp duty ie according to the value of the land.

4% of sale value in municipalities

2% ”     ”         ”      in reserves
11. Now the land belongs to you. But before celebrating, go to the ministry and do a search to confirm if it really reads your name.

 

*Adopted

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