The Conveyancing Process in Kenya

Conveyancing is the legal process of transferring ownership of property (land or buildings) from one person to another. In Kenya, this process is governed by various laws, including the Land Registration Act No. 3 of 2012. Due diligence is crucial to avoid fraud and ensure a valid title.

Key Steps in Property Transfer

• Official Search: Conduct an official search at the relevant Lands Registry to confirm the registered owner, acreage, and check for any encumbrances (e.g., mortgages, caveats).
• Sale Agreement: Once due diligence is complete, a Sale Agreement is drafted by the vendor's advocate, outlining the terms of sale, purchase price, and completion date.
• Land Control Board Consent: For agricultural land, consent from the local Land Control Board is mandatory for the transfer to be valid.
• Valuation and Stamp Duty: The property is valued by a government valuer to determine the Stamp Duty payable. Stamp Duty is currently 4% for urban land and 2% for agricultural land.
• Transfer Registration: Upon payment of Stamp Duty and other levies, the transfer documents are lodged at the Lands Registry for registration. A new Title Deed is then issued in the name of the purchaser.

Common Pitfalls to Avoid

Many land transactions fall through due to lack of proper due diligence. Common issues include buying land with forged titles, land with unresolved succession disputes, or land that is public property (e.g., riparian land).

Larpei & Company Advocates specializes in conveyancing, ensuring that your property transactions are seamless, legally sound, and free from fraud. We handle all aspects from due diligence to the final transfer of title.