The process of buying land in Kenya can be a complex and confusing one, especially for first-time buyers. However, with the right information and guidance, it can be made easier. In this blog post, we will explain the land buying process in Kenya, step by step.
Step 1: Conduct due diligence
Before you start the land buying process, it is essential to conduct thorough due diligence to ensure that the land you are interested in is genuine and free from any encumbrances. You can do this by:
Conducting a physical inspection of the land
Obtaining a search from the relevant government authority to confirm the ownership and status of the land
Consulting with a lawyer to guide you through the process and help you with any legal requirements.
Step 2: Agree on the terms
Once you are satisfied that the land is genuine, the next step is to agree on the terms of the sale. This includes negotiating the purchase price, mode of payment, and any other terms and conditions that you may require.
Step 3: Sign a Sale Agreement
After agreeing on the terms, the seller will prepare a Sale Agreement. The Sale Agreement should contain all the essential terms of the sale, including the purchase price, mode of payment, and any other conditions of the sale. Both parties should sign the Sale Agreement in the presence of a witness.
Step 4: Pay a deposit
After signing the Sale Agreement, the buyer should pay a deposit to the seller to show their commitment to the sale. The deposit is usually a percentage of the purchase price and should be paid through a bank or a lawyer to ensure a traceable transaction.
Step 5: Conduct a Land Survey
The next step is to conduct a land survey to confirm the boundaries and size of the land. This is important to ensure that you are buying the correct parcel of land and that it is of the size you agreed upon.
Step 6: Transfer of ownership
Once the survey is complete, and all payments have been made, the seller will transfer the ownership of the land to the buyer. This is done by signing a transfer document and registering the transfer with the relevant government authority.
Step 7: Stamp duty and land rates
The buyer is responsible for paying stamp duty and land rates after the transfer of ownership has been completed. Stamp duty is a tax charged on the transfer of property, and land rates are charges levied by the local government on property owners.
In conclusion, buying land in Kenya requires due diligence, agreement on terms, signing a Sale Agreement, paying a deposit, conducting a land survey, transfer of ownership, and paying stamp duty and land rates. It is essential to seek the advice of a lawyer and other professionals to guide you through the process and ensure that you comply with all legal requirements.
