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

A comprehensive guide to land ownership and transfer in Kenya.

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A title deed.
A title deed is the proof of land ownership. PHOTO | FILE

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 ownership is valid for a definite period, typically 50 to 99 years, and comes with conditions to be met.
  3. Sectional title deeds: These documents confirm ownership of a unit within a property that has several units. Each unit has its own 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, 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: Once payment is made, 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 key documents: Gather requirement documents like valuation report, consent to transfer the land by the commissioner, stamp duty assessment form, land rent clearance certificate, ID, and KRA pin copy.

2. Land rent clearance: Obtain a land rent clearance certificate from the office of the Commissioner of Land, which typically takes up to 20 days.

3. Rates clearance: Apply for and secure a rate clearance certificate from the county where the land is located, at the cost of Sh10, 000.

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

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

RELATED: Due Diligence When Buying Land in Kenya

6. Valuation: Have the land valued to determine the amount of stamp duty owed.

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

8. Lodgment of documents: Submit the stamped transfer documents to the nearest land office for registration, which takes up to two weeks.

Things to consider and precautions to take:

  • Ensure all documents are accurate and up-to-date to avoid delays or complications during the transfer process.
  • Involving legal experts, such as lawyers or real estate professionals, can streamline the process and provide legal guidance.
  • Stay vigilant against fraud or irregularities by verifying the authenticity of documents and conducting due diligence before closing the deal.

John Nduire is an experienced journalist with a degree in Communications from Daystar University. His reporting is informed by a wealth of knowledge gained from years of covering construction news.