Title Deed Transfer Process in Kenya: Step-by-Step Guide

A title deed is considered the final and indisputable proof of land ownership and serves as a clear and authoritative indicator of all associated legal rights.

Types of title deeds in Kenya

1. Freehold title deeds: This is the highest form of land or property ownership in Kenya, without any time restrictions.
2. Leasehold title deeds: This form of land tenure is of fixed term, most often between 50 to 99 years, and comes with a series of conditional clauses.
3. Sectional title deeds: These documents confirm ownership of a unit within a property that has several units. Each unit has its sectional title deed.

How to check title deed online

Checking a title deed online has been made possible by portals such as Ardhisasa and e-Citizen, which allow easy access to documents.

Below are the steps to follow:

1. Sign up on the e-Citizen, and then navigate to the Ministry of Lands.

2. Initiate a search and proceed to the full details section, where you will fill in the property title number you are searching for.

3. Make payment: Pay the required fee via M-Pesa or card.

4. Access the titles: After making the payment, access the title search online and print the documents for safekeeping.

This will enable the confirmation of title deed authenticity.

RELATED: How to Do a Land Search Online in Kenya

Title deed transfer process

Here is a breakdown of the process:

1. Obtain documents: valuation report, consent to transfer the land from the commissioner, stamp duty assessment form, land rent clearance certificate, ID, KRA PIN copy.

2. Land rent clearance: Acquire a clearance certificate for the same from the Commissioner’s office. The average time taken is up to 20 days.

3. Rates clearance: Apply and obtain a rate clearance certificate from the respective county government at Sh10,000.

4. Title deed search: Conduct a title deed search online, which takes three working days, and costs Sh500.

RELATED: Due Diligence When Buying Land in Kenya

5. Consent to transfer: Apply and get consent to transfer from the National Land Commission, which normally is ready after two weeks at Sh1,000.

6. Valuation: Get the land appraised to find out how much stamp duty you are to pay.

7. Tax payment: Pay the stamp duty to the Kenya Revenue Authority.

8. Document submission: Take the stamped transfer documents to the land office for registration.

Matters to note and precautions:

• All documents must be correct and up-to-date to avoid any delay or problem in the transfer process.
• Hiring legal and real estate experts will make the process easier and provide you with valuable legal advice.
• Be careful about fraud or mistakes; make sure all documents are genuine and do your homework before finalising the deal.

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