The process of buying land in Kenya involves several steps, including:
- Search and identification of the desired piece of land: This can be done through a real estate agent, online search, or by visiting the lands office.
- Due diligence: This involves verifying the legal status of the land, checking for any encumbrances, and determining the true ownership of the land.
- Negotiation and Agreement: Once the legal status of the land has been established, the buyer and the seller negotiate and agree on the price and terms of the sale.
- Execution of Sale Agreement: A Sale Agreement is executed between the buyer and the seller, specifying the terms of the sale, including the price and payment schedule.
- Payment of Purchase Price: The purchase price is paid to the seller, either in full or in instalments as per the agreement.
- Transfer of Title: Once the purchase price has been paid, the seller transfers the title of the land to the buyer.
- Registration of the transfer: The transfer of the title to the land is then registered at the Lands office.
It’s important to note that the process can be complex and time-consuming, and it’s advisable to consult with a legal professional to ensure the process is done correctly.
What to avoid when buying land in kenya
When buying land in Kenya, it’s important to avoid the following:
- Buying land without proper due diligence: This includes failing to verify the legal status of the land, check for encumbrances, or determine the true ownership of the land.
- Paying for land without a proper Sale Agreement: It’s important to have a written agreement between the buyer and seller that clearly lays out the terms of the sale, including the purchase price, payment schedule, and any contingencies.
- Paying for land before the transfer of title: It’s important to ensure that the title of the land has been transferred to the buyer before paying for the land.
- Not registering the transfer of the title: The transfer of title must be registered at the Lands office to make it legal and binding.
- Not getting a clearance certificate from the Ministry of Lands: It is important to confirm that the land is not earmarked for public use or any other government project.
- Not getting a valuation report: A valuation report will give you an idea of the market value of the land and help you to negotiate a fair price.
- Not getting a survey report: It’s important to have a survey report of the land to confirm the boundaries and measurements of the land.
- Buying land from an illegal squatter: Buying land from an illegal squatter can result in the land being repossessed and the buyer losing the land.
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