In instance where registration of a title deed is involved, transfer of property usually takes place. In other words, the process of registering a title is meant to facilitate transfer of ownership. Considering you have bought a piece of land and now you wish to have its title registered. What are some of the things that you are expected to do? Here is the process to register land titles in Kenya:
Application of Land Rent Clearance Certificate
The primary step requires the land seller’s lawyer to apply and obtain a land rent clearance form from land registry. This goes at no cost. The need for this form is to prove to the land registry that the land in question does not have any outstanding rent, and hence eligible for title transfer and registration. The process of getting a land rent clearance form takes up to 19 days before it is accessed.
Apply For Land Rate Clearance Certificate
It is the obligation of a land owner to pay land rates to the county government, pursuant with the land law of Kenya. In this regard, there is no transfer and registration of title deeds that can take place in instances where rates clearance certificate is not granted. A lawyer is needed at this juncture to facilitate the clearance of the rates certificate.
Apply For Title Search
This is usually facilitated through the government public service portal online. This is the point where the key details of previous land ownership are unearthed. This is the stage where one ascertains if the land has been under the ownership of other people in the past, and if it is currently registered to another party other than the current owner.
Application of Consent of Transfer
The National Lands Commission is responsible for provision of consent of transfer, based on the government under the repealed lands act. The process takes approximately 9 days to complete. You will be required to pay a Ksh 1,000 for this service.
This is the point where land inspection is done, with the intention of estimating its current market value. A government official from the ministry of lands is responsible for valuation of the land in question. A report is thereafter generated with the endorsed property value on transfer.
Endorsement of Stamp Duty
This is the percentage value of the property that is paid as stamp duty. Following valuation, the figure for the stamp duty is determined by the respective officer. The agreed amount is indicated on the on the forms in a period of three days. This is followed by payment of stamp duty, whereby it takes approximately four days for KRA to provide a receipt of payment.
Submission of Stamped Transfer for Registration
Having undergone all the above stages, it is now time to submit the stamped document to the ministry of lands for registry. It is at this juncture that the necessary changes are made on the title deed, and registration finalized.
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