Transferring title deeds is a crucial procedure in the real estate sector. It entails the formal transfer of a property’s ownership from one party to another. Transferring a title deed in Kenya can be a difficult process, especially for people who are not familiar with the law. This essay will give a general overview of title deed transfer in Kenya, outlining the procedures, requirements, and difficulties encountered.
Requirements for Title Deed Transfer:
In Kenya, several conditions must be satisfied to transfer a property’s title deed. They consist of:
Consent from the seller. This means that the current owner of the property (i.e., the seller) must consent for the title to be transferred to a new owner in the context of a title deed transfer. To ensure that the transfer of ownership is legitimate and enforceable, this is typically a legal necessity. The transfer shall not be made without the approval of the Seller.
Clearance certificates. Refers to the official records that attest to the full payment of all fees and taxes related to the property. These documents attest that the property is free and clear of any obligations or unpaid debts that might interfere with the ownership transfer.
Payment of stamp duty. Is a tax that the government expects to be paid whenever a property is sold or transferred to a new owner. Depending on the state or territory where the property is located, stamp duty payments are based on the purchase price or market value of the property.
Registration of the transfer. Refers to the process of legally transferring ownership of a property from the seller to the buyer by registering the new owner’s details with the government. Once all the required paperwork is in order, the ownership change is registered at the Lands Registry, where the property is listed under the name of the new owner. Stamp duties and registration costs must be paid to complete this process.
Steps Involved in Title Deed Transfer:
The following are the steps involved in title deed transfer in Kenya:
Due diligence. It is essential to conduct due diligence on the property before entering into any purchase. This entails checking the ownership of the property and making sure there are no liens, mortgages, or ongoing legal challenges.
Sale agreement. The buyer and seller can sign a selling agreement after due diligence is finished. The purchase price, payment terms, and completion date are all specified in the selling agreement along with other terms and conditions
Payment of stamp duty. The buyer must pay stamp duty after the sale agreement is signed. The Kenya Revenue Authority receives payment of the stamp duty, which is determined using the property’s market value.
Preparation of transfer documents. A lawyer creates the transfer documentation, which include the transfer form, seller consent letter, clearing certifications, and original title deed.
Signing of transfer documents. Both the buyer and the seller sign the transfer documents in the presence of a witness.
Submission of documents. The Ministry of Lands receives the transfer papers for registration. The time it takes to register ranges from 30 to 90 days.
Collection of new title deed. The new owner can pick up the new title deed from the Ministry of Lands after the registration is finished.
Challenges Faced in Title Deed Transfer:
Due to the following reasons, the title deed transfer procedure in Kenya can be difficult:
- Delays in the issuance of clearance certificates – The transfer process can be delayed because acquiring clearance certificates from the appropriate government agencies can be time-consuming and bureaucratic.
- Fraudulent actions are common in the land registration procedure, which causes disagreements and delays. Fraudulent activities include document falsification, impersonation, and corruption.
- Complicated legal processes – The legal processes involved in the transfer process can be intricate, making it difficult for people who are not familiar with legal issues to follow along.
- High prices. Transferring a title deed can be very expensive, including legal fees, stamp duty, and government fees, making it unaffordable for some people.
It is important to hire a professional to help with the transfer of a title deed because the process can be difficult and time-consuming. To ensure that the procedure is performed lawfully and openly, one may consider involving a third party to handle the proceedings. This may include a lawyer, a land surveyor, or a professional real estate agent.