If you are buying land from an individual or a group, follow the following steps:
- 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.
- 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.
- 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 neighboring lands. Each costs Kshs 350.
- 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.
- Sit down with your seller and bargain the price. Write down an agreement. The agreement can be done before a lawyer or you 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, you pay 8k for the agreement.
The spouse MUST BE present! Ask me why the spouse must be present.
- Pay some amounts or as per your agreement. Don’t pay everything, hata kama unazo pesa.
- 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 you can book at 5k. LCB will issue consent for the land to be sold.
- Pay the remaining balance after getting consent from LCB.
- 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.
- At this stage, you no longer need the seller. Now go and pay stamp duty i.e. according to the value of the land.
- 4% of sale value in municipalities
- 2% in reserves
- 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