Immediately after land shopping, identifying and paying for the actual land, a new chapter full of legal processes arises to ensure your FREEHOLD TITLE DEED is processed.

Comfort Homes  breaks down the Title Deed Transfer Process below that legally takes 90 days.

1. Obtain Transfer Documents

There are various steps here, which require you to apply, pay and obtain the necessary documents:

a) Land rates clearance certificate:

It is issued by the county government lands office. The vendor should confirm with the local county government lands office for any outstanding land rates arrears are paid for the afterwards a land rate clearance certificate issued.

b) Land rent clearance certificate:

It is issued by the commissioner of lands upon payment of all outstanding land rents.

c) Transfer form:

It is applied to the commissioner of lands after obtaining the certificates. https://oldsite.lands.go.ke/wp-content/uploads/2018/08/form-lra-33.pdf This application is made in writing by the lawyer to the lands commissioner then the prescribed form executed for consent to transfer the desired property after the payment.

The document must be filled by the vendor and the purchaser. it must also be accompanied by the approved lcb (land control board) consent.

d) File the transfer instrument at the land office for assessment of stamp duty payable on the transfer

The buyer’s lawyer drafts a transfer, which has to be approved by the seller’s lawyer before it is submitted to the land’s registry for assessment. The transfer form must have the lawyers of both parties witness the document

2. Obtain Valuation Report For Stamp Duty

  • Inspection by a land officer: after submission of the draft transfer to the land’s office, an inspector visits the site to verify the state of the property and the development.(this  is per the law, however, rarely will this be the case in most practical case)
  • Property valuation by a government evaluator: the evaluator visits the land to evaluate and verify the indicated purchase price of the land in order to ensure accurate payment of tax, stamp duty
  • Stamp duty payment.

Stamp duty is a tax payable to the land offices, however, kra is the collecting agent. the purchaser is the one responsible to pay this tax.

  1. Value endorsement for stamp duty and assessment: once stamp duty forms are fully filled, the stamp duty officer accesses and indicate the stamp duty payable.
  2. Stamp duty payments: the payments are finalized through banks by use of banker’s cheque to the commissioner of domestic taxes on behalf of the commissioner of land.
  3. Obtaining a franked document: once stamp duty is paid, the transfer documents are submitted for franking to confirm that the taxes have been fully paid.
  4. Land registration

3. Pay registration fees: 

After all the payment processes, the last most important step is to submit the transfer documents to the lands registry.

4. Transfer documents submission:

 The complete required documents to the for registration of the transfer include;

  • a copy of the title deed
  • the land search documents
  • clearance to transfer certificate from the lcb
  • the transfer forms signed by the seller
  • the valuation report
  • the stamp duty declaration and pay-in-slip
  • land rent clearance certificate
  • land rates clearance certificate
  • certificate of clearance from the county
  • a copy of your national id
  • a copy of your kra pin
  • three passport photos of the seller
  • three passport photos of yourself (the buyer)

after successful registration the buyer receives:

  • an an original title deed with his/her name on it.
    • registered transfer forms.
    • the paying slip.

5. Issuing the title deed

At Comfort Homes, once the process is complete we issue the title deed to the client.

6. Post purchase search

Important tip: after a few weeks, the land buyer should conduct a new land search with the land’s registry to check if the land is now registered with a title deed in his/her name.