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Land buying process in Kenya
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jamplu
#1 Posted : Wednesday, January 11, 2012 12:00:39 PM
Rank: Veteran


Joined: 3/25/2010
Posts: 939
Location: Nai
Hi good people. I thought the process of buying land in Kenya should be finalized within 90 Days so as to allow the buyer ample time to verify history, ownership and ensure the land has no encumbrances.

Most of the sellers have met of late wanataka pesa haraka haraka it has actually put me off cauz after syokimau i don't want to get myself in same situation.
I know some of you have been involved in land buying tell me has anything changed in terms of this period??


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Mainat
#2 Posted : Wednesday, January 11, 2012 12:30:50 PM
Rank: Veteran


Joined: 11/21/2006
Posts: 1,590
jamplu wrote:
Hi good people. I thought the process of buying land in Kenya should be finalized within 90 Days so as to allow the buyer ample time to verify history, ownership and ensure the land has no encumbrances.

Most of the sellers have met of late wanataka pesa haraka haraka it has actually put me off cauz after syokimau i don't want to get myself in same situation.
I know some of you have been involved in land buying tell me has anything changed in terms of this period??



90days is about right and in any case its not possible to complete a legal land transaction under 30days. Don't get caught up with owners who need quick disposal. The way to get keep them in the sale is to write a legal purchase/sale agreement and pay them a higher than normal deposit (i.e. 20/30% instead of normal 10%)
Sehemu ndio nyumba
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jamplu
#3 Posted : Wednesday, January 11, 2012 3:11:03 PM
Rank: Veteran


Joined: 3/25/2010
Posts: 939
Location: Nai
Mainat wrote:
jamplu wrote:
Hi good people. I thought the process of buying land in Kenya should be finalized within 90 Days so as to allow the buyer ample time to verify history, ownership and ensure the land has no encumbrances.

Most of the sellers have met of late wanataka pesa haraka haraka it has actually put me off cauz after syokimau i don't want to get myself in same situation.
I know some of you have been involved in land buying tell me has anything changed in terms of this period??



90days is about right and in any case its not possible to complete a legal land transaction under 30days. Don't get caught up with owners who need quick disposal. The way to get keep them in the sale is to write a legal purchase/sale agreement and pay them a higher than normal deposit (i.e. 20/30% instead of normal 10%)


thanks, i think if someone is not interested in the legal process then i'll just let them keep their land.
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mnjoro
#4 Posted : Wednesday, January 11, 2012 4:07:25 PM
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Joined: 2/21/2009
Posts: 573
On the other hand it would be ok if you got the owners background and the reasons for selling.If they are genuine you have an upper hand in negotiation.Did such once and cannot regret but its quite challenging.Mostly these will be old Wazee who normally keep their word.
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seppuku
#5 Posted : Tuesday, November 12, 2013 11:48:20 AM
Rank: Veteran


Joined: 5/11/2010
Posts: 918
Mainat wrote:
jamplu wrote:
Hi good people. I thought the process of buying land in Kenya should be finalized within 90 Days so as to allow the buyer ample time to verify history, ownership and ensure the land has no encumbrances.

Most of the sellers have met of late wanataka pesa haraka haraka it has actually put me off cauz after syokimau i don't want to get myself in same situation.
I know some of you have been involved in land buying tell me has anything changed in terms of this period??



90days is about right and in any case its not possible to complete a legal land transaction under 30days. Don't get caught up with owners who need quick disposal. The way to get keep them in the sale is to write a legal purchase/sale agreement and pay them a higher than normal deposit (i.e. 20/30% instead of normal 10%)


Is a sale agreement basis enough to pay the deposit even if the land has no title deed yet? My situation is that the old Mzee selling the land has a big parcel and is promising to process the title for the piece he is selling me once I pay the deposit.

He does have the title for the whole parcel though and I have verified that it is clean and has no encumbrances.
Learn first to treat your time as you would your money, then treat your money as you do your time.
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Hunderwear
#6 Posted : Tuesday, November 12, 2013 2:00:40 PM
Rank: Member


Joined: 4/14/2011
Posts: 639
seppuku wrote:
Mainat wrote:
jamplu wrote:
Hi good people. I thought the process of buying land in Kenya should be finalized within 90 Days so as to allow the buyer ample time to verify history, ownership and ensure the land has no encumbrances.

Most of the sellers have met of late wanataka pesa haraka haraka it has actually put me off cauz after syokimau i don't want to get myself in same situation.
I know some of you have been involved in land buying tell me has anything changed in terms of this period??



90days is about right and in any case its not possible to complete a legal land transaction under 30days. Don't get caught up with owners who need quick disposal. The way to get keep them in the sale is to write a legal purchase/sale agreement and pay them a higher than normal deposit (i.e. 20/30% instead of normal 10%)


Is a sale agreement basis enough to pay the deposit even if the land has no title deed yet? My situation is that the old Mzee selling the land has a big parcel and is promising to process the title for the piece he is selling me once I pay the deposit.

He does have the title for the whole parcel though and I have verified that it is clean and has no encumbrances.


I think the big issue is the procedure and not the time per se.Assuming its freehold land your transaction have to go through Land control board for subdivision and then transfer.These boards sit once a month in most districts and in some like Lamu once in 3months(or 2 not sure). So u shud write an agreement detailing when he should be ready for the subdivision board consent and how much to pay him in deposit at the start and after the board.This motivates him to fastrack the process.Otherwise paying him all at once wil be shooting yourself in the foot esp if he is the sumbua type.
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seppuku
#7 Posted : Tuesday, November 12, 2013 3:33:40 PM
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Joined: 5/11/2010
Posts: 918
Thanks @Hunderwear. The land is freehold and in NBI county. I am meeting a conveyancing lawyer this Friday and I expect more advice from him too.
Learn first to treat your time as you would your money, then treat your money as you do your time.
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Foz00
#8 Posted : Tuesday, November 12, 2013 4:51:17 PM
Rank: Member


Joined: 1/13/2011
Posts: 297
Location: Nairobi
@seppuku Any logical seller will not incur subdivision costs on basis of written ag only.
90 days doesn't make sense do your due dil way before we sign and on signing you get all docs for transfer shamba ni yako na pesa yangu.

Where do you pay dowry then begin kukatiana!
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oltome
#9 Posted : Tuesday, November 12, 2013 8:24:51 PM
Rank: Member


Joined: 8/27/2012
Posts: 136
Is there any way i can stop my neighbour from subdividing his land? I am asking because someone bought some land close to me and went ahead and subdivided it into eigths without notifying the neighbours or the local land committee, is there any legal redress i can seek mind you no change of user notice was ever advertised
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seppuku
#10 Posted : Tuesday, November 12, 2013 9:03:40 PM
Rank: Veteran


Joined: 5/11/2010
Posts: 918
Foz00 wrote:
@seppuku Any logical seller will not incur subdivision costs on basis of written ag only.
90 days doesn't make sense do your due dil way before we sign and on signing you get all docs for transfer shamba ni yako na pesa yangu.

Where do you pay dowry then begin kukatiana!


What's illogical about that? He'll have the deposit too.
Learn first to treat your time as you would your money, then treat your money as you do your time.
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PKoli
#11 Posted : Tuesday, November 12, 2013 11:49:34 PM
Rank: Elder


Joined: 2/10/2007
Posts: 1,587
Hunderwear wrote:
seppuku wrote:
Mainat wrote:
jamplu wrote:
Hi good people. I thought the process of buying land in Kenya should be finalized within 90 Days so as to allow the buyer ample time to verify history, ownership and ensure the land has no encumbrances.

Most of the sellers have met of late wanataka pesa haraka haraka it has actually put me off cauz after syokimau i don't want to get myself in same situation.
I know some of you have been involved in land buying tell me has anything changed in terms of this period??



90days is about right and in any case its not possible to complete a legal land transaction under 30days. Don't get caught up with owners who need quick disposal. The way to get keep them in the sale is to write a legal purchase/sale agreement and pay them a higher than normal deposit (i.e. 20/30% instead of normal 10%)


Is a sale agreement basis enough to pay the deposit even if the land has no title deed yet? My situation is that the old Mzee selling the land has a big parcel and is promising to process the title for the piece he is selling me once I pay the deposit.

He does have the title for the whole parcel though and I have verified that it is clean and has no encumbrances.


I think the big issue is the procedure and not the time per se.Assuming its freehold land your transaction have to go through Land control board for subdivision and then transfer.These boards sit once a month in most districts and in some like Lamu once in 3months(or 2 not sure). So u shud write an agreement detailing when he should be ready for the subdivision board consent and how much to pay him in deposit at the start and after the board.This motivates him to fastrack the process.Otherwise paying him all at once wil be shooting yourself in the foot esp if he is the sumbua type.


@Hunder...

Talking about Lamu, how long does the process take before one gets issued with the title?
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Hunderwear
#12 Posted : Wednesday, November 13, 2013 7:58:24 AM
Rank: Member


Joined: 4/14/2011
Posts: 639
PKoli wrote:
Hunderwear wrote:
seppuku wrote:
Mainat wrote:
jamplu wrote:
Hi good people. I thought the process of buying land in Kenya should be finalized within 90 Days so as to allow the buyer ample time to verify history, ownership and ensure the land has no encumbrances.

Most of the sellers have met of late wanataka pesa haraka haraka it has actually put me off cauz after syokimau i don't want to get myself in same situation.
I know some of you have been involved in land buying tell me has anything changed in terms of this period??



90days is about right and in any case its not possible to complete a legal land transaction under 30days. Don't get caught up with owners who need quick disposal. The way to get keep them in the sale is to write a legal purchase/sale agreement and pay them a higher than normal deposit (i.e. 20/30% instead of normal 10%)


Is a sale agreement basis enough to pay the deposit even if the land has no title deed yet? My situation is that the old Mzee selling the land has a big parcel and is promising to process the title for the piece he is selling me once I pay the deposit.

He does have the title for the whole parcel though and I have verified that it is clean and has no encumbrances.


I think the big issue is the procedure and not the time per se.Assuming its freehold land your transaction have to go through Land control board for subdivision and then transfer.These boards sit once a month in most districts and in some like Lamu once in 3months(or 2 not sure). So u shud write an agreement detailing when he should be ready for the subdivision board consent and how much to pay him in deposit at the start and after the board.This motivates him to fastrack the process.Otherwise paying him all at once wil be shooting yourself in the foot esp if he is the sumbua type.


@Hunder...

Talking about Lamu, how long does the process take before one gets issued with the title?


@Pkoli, The process takes at least three months depending on how fast your surveyor is.This is because Land control board sits once in 3 months and you wil need them to sit twice.The other procedures(done by surveyor)can be done within the 3 months.Otherwise title issuance once you have all the documents is a walk in walkout affair!!!!Thats my experience as at july13
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Foz00
#13 Posted : Wednesday, November 13, 2013 9:37:08 AM
Rank: Member


Joined: 1/13/2011
Posts: 297
Location: Nairobi
seppuku wrote:
Foz00 wrote:
@seppuku Any logical seller will not incur subdivision costs on basis of written ag only.
90 days doesn't make sense do your due dil way before we sign and on signing you get all docs for transfer shamba ni yako na pesa yangu.

Where do you pay dowry then begin kukatiana!


What's illogical about that? He'll have the deposit too.
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