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+254 719 455 415 Frequently Asked Questions
Buying Property
1. What are the different types of land ownership in Kenya?
Land ownership in Kenya falls into two main categories:
- Freehold: Grants the owner absolute ownership for an indefinite period.
- Leasehold: Ownership is granted for a specific period (e.g., 99 or 50 years), after which the lease must be renewed.
2. What are land rates?
Land rates are annual taxes imposed by county governments on leasehold properties. The amount varies depending on the location, size, and use of the land.
3. What is zoning?
Zoning refers to the regulation of land use by the government to control how land in different areas is used. For example, zones may be designated for residential, commercial, industrial, or agricultural purposes.
4. What is the title transfer process in Kenya?
The title transfer process involves several key steps:
- Conducting a land search at the Ministry of Lands to verify ownership.
- Obtaining consent to transfer from the relevant land control board.
- Drafting and signing a sale agreement.
- Paying stamp duty (typically 2% or 4% of the land value).
- Lodging transfer documents with the Ministry of Lands for registration.
- Receiving the new title deed in the buyer’s name.
5. How do you conduct due diligence before buying land?
Before purchasing land, it’s crucial to:
- Conduct an official land search at the Ministry of Lands to confirm ownership.
- Visit the site to verify its location and boundaries.
- Check for any encumbrances (e.g., loans or disputes).
- Seek clearance from the National Environment Management Authority (NEMA) if necessary.
- Verify zoning regulations with the county government.
- Engage a lawyer to oversee the transaction.
6. What happens if a title deed is lost?
If you lose a title deed, you need to:
- Report the loss to the nearest police station and obtain an abstract.
- Publish a notice in a national newspaper declaring the loss.
- Apply for a replacement at the Ministry of Lands with supporting documents.
- Pay the required fees and await processing of the new title deed.
7. What is a Registry Index Map (RIM)?
A Registry Index Map (RIM) is an official cadastral map showing the boundaries and parcel numbers of land within a specific area. It is used for reference during land transactions and title processing.
8. What is a subdivision mutation?
A subdivision mutation is a process that involves splitting a piece of land into smaller plots. It requires approval from the local land control board and submission of a mutation form to the Ministry of Lands for registration.
9. What should I consider before buying land?
Before buying land, evaluate factors like zoning regulations, access to utilities, road connectivity, soil quality, and the potential for future development in the area.
10. What is the process of buying land?
The process involves identifying suitable plots, verifying zoning and land use restrictions, conducting a land survey, arranging financing (if needed), and finalizing the purchase through a closing process.
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