A property search ensures that the patch of land you are about to purchase is the real property. It can be heartbreaking to buy a plot of land only to discover later that the rightful property owner is someone else or that the title deed was forged. The property search shows you how to do this and makes the process seamless.
A title deed search in Kenya is a process where you verify the ownership of a piece of land. In Kenya, this can be done in two ways: physically at the land registry or online with no hidden surprises like disputes, unpaid property taxes, or mortgages attached to it.
Thanks to technology, you can do this in two ways in Kenya: physically at the Land Registry or online on a citizen platform. Finally, we can do this without standing in endless lines.
Gather the residential property details before rushing off to the Land Registry. Ensure you have all the property records. The most important thing you need is the land's title deed number. This number is like the land's ID. It is how the government knows which piece of land you're talking about.
Remember to note the property records, which are the legal description of the land, including the plot number, location, and additional details provided by the seller.
With your title deed number, head to the nearest Land Registry office. Every county in Kenya has a land registry, so make sure to locate the registry office closest to the real property you're interested in and request a land search form.
Fill in the form with the required property records, including the title deed number and the land's location. You will also need to pay a small fee. To complete the property search, you must purchase certified copies of the title deed from the land registry for verification.
Submit the form and payment and wait for the clerk to begin the search. Once the research is complete, you will receive the recording documents, which indicate the name of the land's registered owner, any mortgages, or other claims on the land.
Ensure you take your time and check the results carefully. The recording documents will tell you whether the person you're dealing with is the valid owner of personal property. It also shows whether there are any issues, like an unpaid mortgage or outstanding taxes. If everything looks okay and legit, you can proceed with the purchase. You should rethink the deal or consult a lawyer if something seems off.
The government implemented a digital platform that enables property owners online access to search for a title deed online. Platforms like the eCitizen portal help citizens avoid traffic, long lines, and people who might have skipped their morning coffee.
The first step in preparing for an online property search is registering for an Ecitizen account on Kenya's online government services platform. This platform is ready for property owners to use when they register. If you already have an account, log in.
Once you register, go to the Ministry of Lands and click the Land Search icon. The icon directs you to another property records site where you can fill out the title deed number.
The title deed number is essential for physical searches in the office and online websites. Enter the number into the search field, and the system will search the property records database.
The online search is not free; processing your request costs around Ksh 500. You can pay via mobile money, debit card, or other online payment methods listed on the site. After the payment transaction, the system processes your land search details.
The results will be reflected and available for download. The requested details of the land search will include the current landowner's name, any existing loans or claims on the property, and other essential details.
There are many horror stories about people buying land that did not belong to the seller or purchasing land with unresolved legal disputes. These land sagas are continually shown on the news, so you must not skip this test.
To confirm ownership, the title deed ensures the seller is the rightful owner.
To check for encumbrances: This includes any unpaid taxes, mortgages, or other claims that could affect your ownership.
To avoid fraud, it is essential to do a title deed search to avoid being scammed by fake title deeds.
The property tax bill ensures that the land has no outstanding tax liabilities. Unpaid property taxes can become your problem once you own the land.
Once you are satisfied with the title search, a sale agreement is drafted between you and the seller. This agreement outlines the purchase price, terms of payment, and any other conditions.
Land rent clearance certificate: If the land is leasehold, this certified copy proves all rent payments have been made.
Survey plan: The land should have a map to verify the boundaries and size.
Transfer documents include the transfer of ownership forms that the seller and buyer sign to change the property title to your name.
Besides the title deed search fee you will encounter other costs when purchasing land, such as the Stamp duty which is paid to the government to make the property transfer is official. It's usually 2-4% of the property's assessed value.
Another cost is the Legal fees. This comes into play because you will need a lawyer to oversee the sale and ensure all the paperwork is in order. The lawyer is paid based on the percentage of the property value.
Lastly, we have the Survey fees. This is important as you might need to hire a surveyor, which might add to the cost.
Even though buying land is more streamlined, it is still fraught with legal complications. To avoid getting caught up in these loopholes, always visit the land you're interested in. Don't rely solely on documents. Ensure the plot exists and is located where you expect it to be.
Consulting a legal expert like a property lawyer who can help ensure you evade legal complications. They can also help draft the sale agreement and verify the legal description of the property.
A survey plan is another way to ensure the boundaries on the ground match those in the official land records. You don't want to buy 10 acres only to find out you've got 5.
If, during your search, you find out your title deed is fake, here's what to do:
File a fraud statement and report it immediately after discovering it. You can do this to the Ministry of Lands or the police.
Quickly stop any transaction underway; do not proceed with the purchase if you have any doubts.
Consult your property lawyer, who can guide you through the following steps, especially if you've already made payments.
In summary, performing a title deed search before any relevant real estate transaction is important to ease your mind and not face surprises later. Learning to examine land records and property tax bills is critical. You can go to the land department or look for deeds online. It is important to note that the title company requests non-certified copies and a new document to finalize the property transaction.
Our team has you covered from search to transfer of ownership, providing legal document support for cash/debit/money order payments with ease. We know every step and handle everything from lot numbers to filing with attorneys. We aim to insulate you from the documentation and subsequent transfer process. Contact us today.
Providing the land title number allows you to search for property at the Ministry of Lands or through the online e-Citizen platform.
You'll need the title deed number, your ID, and a small fee for the search service.
A physical search can take a few days, while an online search can be completed instantly.
Verify a title deed by conducting a land search at the land registry to confirm ownership and ensure no encumbrances.
Ministry of lands and physical planning (Kenya). Land Portal. (1970, April 1). https://landportal.org/organization/ministry-lands-and-physical-planning-kenya
Proving land ownership in Kenya. MWC Legal. (2024, October 2). https://mwc.legal/e-alert-proving-land-ownership-in-kenya/
What is the nature of your land ownership documents? :: Kenya - the ... (n.d.). https://www.standardmedia.co.ke/article/1144028624/what-is-the-nature-of-your-land-ownership-documents
Wikiprocedure. (2023, December 13). Kenya - apply for land title deed(transfer of ownership). https://www.wikiprocedure.com/index.php/Kenya_-_Apply_for_Land_Title_Deed(Transfer_of_Ownership)
