1. Ask to see the title deed or copy of title deed. Then do a search at the Ministry of Lands to confirm who the real owners are or if the title has any Caveat or Encumbrances on it. The search will cost you Kshs 500 or slightly more if you engage an Agent.
2. Do a search with the local authorities to check of any unpaid land rates for urban properties. If any, agree with the seller on who will settle the debt. Nb: land cannot be transferred if there are unpaid land rates.
3. Go to the Ministry of Lands and buy 2 maps, one showing the exact measurements of the piece of land you are buying (called mutation) and the other showing the neighbouring lands. Each costs Ksh 500.
4. With your 2 maps and a surveyor (you can even do it yourself), visit the land you are buying and verify the details on the map. Check out all the beacons.
5. Sit down with the seller and bargain the price. Write down an agreement. The agreement can be done before a lawyer or you may decide to do it yourselves. It's not a must that it’s written by a lawyer. According to the LSK, if the value of the land is below 1 million, you pay the lawyer about Kshs 3000. If above 1 Million, you will pay Kshs 8,000 for the agreement. The spouse MUST BE present to concur!! This is as per the Matrimonial Property Act.
6. Pay some amounts herein reffered to as the deposit or as per your agreement. Don't pay full amount at this stage.
7. Book a meeting with the Lands Control Board (LCB). They meet once a month and it will cost you Kshs 1,000. However there is a special LCB meeting which you can book at 10,000. LCB will issue consent for the Land to be sold.
8. Pay the remaining balance after getting the consent from LCB.
9. With the consent from LCB, a recent search (not more than 6 months), clearance form from County land rates, your 2 maps, the agreement, KRA PIN, 2 Passports and copy of the title deed, go to the ministry of lands to change ownership. Cost Kshs 5000.
10. At this stage, you no longer need the seller. Now go and pay stamp duty i.e according to the value of the land.
4% of sale value in urban areas
2% " " " in reserves
11. Now the land belongs to you. But before you Pop Champagne to celebrate, go to the Ministry of Lands and do a search to confirm if it really reads your name.
Please note: to avoid all this hustle link up with a Registered Estate Agent like us and let them guide you through the process. It will be as easy as ABC or CBC for us Magoha Parents!!