Requirements of Owning a Title Deed In Kenya
What is required for one to own a title deed in Kenya?
Both a Kenyan citizen and a non-citizen can own land in Kenya and also acquire a title deed.
However, the non-citizens can only own property on the basis of leasehold and the tenure should not exceed ninety-nine years. As for the citizens they can own land on both a freehold and leasehold basis.
Freehold Land Tenure
It is the greatest interest a person can have on land as it gives the holder absolute ownership of the land for life. This means descendants can succeed the owner for as long as the family lineage exists. A freehold title deed generally has no restrictions as to the use or occupation.
However, there are conditional freeholds, which restrict the use of the land, for instance, for agricultural purposes or ranching only. A freehold interest is also known as a fee sample or absolute proprietorship.
Leasehold Land Tenure
This is the interest in land for a specific period subject to payment of a fee or rent to the grantor. Payment of rates is made to the respective county governments for services rendered. Leases are granted by the Government for public land, the local authority for trust land and individuals with freeholds. The maximum term of government leases is 99 years.
Payments involved during the acquirement of a title deed in Kenya
1. A fee of Ksh 500 is paid for the official land search
2. The fee of obtaining a land rates clearance certificate varies between counties. Ksh 10,000 is charged in Nairobi County for a land rate clearance certificate.
3. A fee of Ksh1000 is charged for Consent to Transfer from the commissioner of Lands.
4. Stamp duty is 4% of property value for urban lands and 2% for rural lands is payable.
5. Ksh 500 is charged for registration of transfers
6. Ksh. 5,000 is charged to obtain process a new title deed certificate.
All the Required Documents For one to Acquire a Title Deed
1. Duly filled Application for Official search Form RL 26
2. Proof of land ownership
3. PIN certificate (copy)
4. Identity card (copy) for the applicant if Kenyan.
5. Foreign national registration certificate- alien card (copy) for foreigners who are residents in Kenya
6. Passport (copy) for the applicant if a non-citizen.
7. Duly filled booking form
8. Consent to transfer land (copy)
9. Official land search (original)
10. Land rates clearance receipt (copy)
11. Land rent certificate (copy)
12. Transfer instrument (3 original + copy)