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Subdivisions consent to transfer
Wa_ithaka
#1 Posted : Monday, February 04, 2013 10:04:20 AM
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Say somebody has a title deed for an acre which they subdivide into quarter acres. Normally seller would get 4 titles in their name. If they have buyers for the 4 quarters, can they develop the title deeds in the buyers' names straight from the 1 acre without first having 4 title deeds in their name and then having to seek consent of transfer to the buyers?
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josiah33
#2 Posted : Monday, February 04, 2013 11:49:32 AM
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Joined: 1/27/2011
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DELETED.
CaptainGG
#3 Posted : Monday, February 04, 2013 1:51:32 PM
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Joined: 10/13/2011
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Location: Kenya
@Josiah33, you decided to answer your own question, the question is about processing title deeds and not developing the quarters.
@Wa-Ithaka, yes this can be done, just talk to the surveyor and the guys at the ministry of land offices.
Marty
#4 Posted : Monday, February 04, 2013 3:25:03 PM
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Joined: 3/31/2008
Posts: 761
Location: Nairobi
Wa_ithaka wrote:
Say somebody has a title deed for an acre which they subdivide into quarter acres. Normally seller would get 4 titles in their name. If they have buyers for the 4 quarters, can they develop the title deeds in the buyers' names straight from the 1 acre without first having 4 title deeds in their name and then having to seek consent of transfer to the buyers?


The proper way of doing this is to carry out the subdivision to the second last stage where the sub titles have green cards and entries made. Issuance of the subtitle is the last stage which you may not have to do but u can get a search of the subtitle and subsequently consent to transfer and then once the transfer is executed, then the subtitles will come out in the names of the purchasers.
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josiah33
#5 Posted : Monday, February 04, 2013 3:35:52 PM
Rank: Elder


Joined: 1/27/2011
Posts: 1,777
CaptainGG wrote:
@Josiah33, you decided to answer your own question, the question is about processing title deeds and not developing the quarters.
@Wa-Ithaka, yes this can be done, just talk to the surveyor and the guys at the ministry of land offices.

Ok, i guess that's how we fail exams sometimes.Sad Sad Sad Sad
josiah33
#6 Posted : Monday, February 04, 2013 4:06:47 PM
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Joined: 1/27/2011
Posts: 1,777
Looks like it's possible to have the sub-titles transferred directly in the buyers own names.

Copy & Paste:

When you buy part of the plot or “shamba” it must be sub-divided as follows;
1. The owner of the parcel of land submits an application for subdivision through as per physical Planning Act 1 (PPA 1) to the clerk to the council.
2. The council through Town clerk circulates the application to the District Land Officer, District Physical Planning Officer, District Surveyor, Chairman of Local Land Control Board and District Agricultural Officer in case of Agricultural land.
3. On receiving “favorable” comments as mentioned in number 2, the Town clerk recommends the subdivision for approval by the Commissioner of Lands,
4. The application it tabled before the Technical Advisory Committee for consideration. The committee recommends the application to the Commissioner of Lands for approval.
5. Upon approval the same is communicated to the applicant submitted
6. The Director of Surveys carries out the survey of the land and gives new parcel numbers to the resultant sub-plot(s).
7. The new parcel numbers are forwarded to the land office for preparation of the new title deed(s)
8. After survey, the land owner gets consent to transfer the parcel(s) of land resulting from the sub-division from the land control board, commissioner of lands or the council, congratulations, the title deed(s) are in the buyers own names.
SHORT-CUTS WILL GET YOU FAKE TITLE DEEDS.








B.Timer
#7 Posted : Monday, February 04, 2013 4:15:17 PM
Rank: Veteran


Joined: 5/31/2008
Posts: 1,076
Wa_ithaka wrote:
Say somebody has a title deed for an acre which they subdivide into quarter acres. Normally seller would get 4 titles in their name. If they have buyers for the 4 quarters, can they develop the title deeds in the buyers' names straight from the 1 acre without first having 4 title deeds in their name and then having to seek consent of transfer to the buyers?


It is indeed possible.
As a matter of fact that is the logical way to do it, otherwise doing it in the alternative way will take too long, and cost lots of Moneys in double stamp Duty, lawyers fees etc.
Dunia ni msongamano..
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