Steps in State Registration in Kenya
The identification of an individual as a landowner confers full rights on that property. A title certificate is evidence of possession. A title protects the owner from arbitrary eviction and makes land transactions easier and transparent. Secure land facilitates investment by eliminating disputes over ownership or boundaries.
Nation and Health Department of Kenya recently announced the new guidelines governing the property registration process in Kenya. In this article, we are going to go through the new property registration process in Kenya in details .The Land sale act is a law indicating possession of a part of a land and its legal rights. It is the most fundamental document required during a land transaction and its details are usually changed from the vendor to the purchaser after a land transaction has taken place to show the transfer of ownership.
Moreover, it’s worth to note that the new process is meant to simplify the process of registering land and reduce the number of days taken to do so. Initially, the registration process used to make one for approximately 90 days. However, this new system reduces the number of days taken in this process to only 12 days.
Type of Title deeds
In Kenya, there were various forms of title acts in keeping with the specific styles of property laws from colonial periods. Include the following
1. Indenture: a title under the Government Lands Act Cap 280 (repealed)
2. Grant: Government grant under Registration of Titles Act Cap 281 (repealed) and aGrant to the county council under the Cap 288 Trust Property Act.
3. Title Credit: reward given without alteration of recipient as a consequence of a subsection
4. . The rental certificate: title in accordance with the Cap 300 (abroad) Registered Lands Act on rental grounds.
5. Absolute title: title of freehold land in accordance with the Registered Lands Act Cap 300 (abrogated).
6. Sectional term, for example, for a house or apartment for a unit in a building.
7. The Property Registry Act 2012 enshrines the above names in a "Domain Document" or Leasing Document. A title certificate is given to unregulated property and a rented certificate is provided to leaseproperties.
8. Leasehold: is a land ownership type where a leaseholder has property rights for a specified time subject to land rights by the leaseholder. In Kenya, for example, government rental for urban parcels lasts 33, 50, 66 and 99 years. All 999 leases were transferred from 1September 2009 onward to 99 years with effect from the date of promulgation of the current constitution.
9. Land ownership of Freehold: is a mode of land tenure whereby a landowner shall have the entire land rights without any limitations andperiod of possession and exercisable property privileges.
New property registration process in Kenya
The new method is meant to ease the overall process of acquiring and transferring land and property in Kenya. In overall, the registration process has been made to be only three simple steps. Let’s now discuss the steps in details.
- The first step is to apply for a land rent clearance certificate. It’s worth to note that this application is only made through the eCitizen platform.
- Then make an application for consent to lease, transfer or charge the piece of land
- In addition to the first two applications, make sure you make an application for valuation for stamp duty assessment.
The second step involves visitation of the site to write a report for valuation purposes.
Lastly, it’s the registration of title to land and any other instruments that one may have.
Nb. To facilitate efficient processing of the property registration; it is paramount to fill a unified online application form.
Here we will look at the various requirements that one should meet to go through the registration process smoothly.
To make an application for land clearance:
- One should have a filled online application form
- A copy of the title deed of the land
- Also, the land rent payment receipts for the current year. All the payments are made through RTGS transfer and iTax.
Moreover, to make consent to transfer land, One requires to:
- Have an application letter from registered authorized agent, advocate or owner.
- A copy of the title/search document
The minimal requirements to make valuation requisition are:
- A fully executed original transfer document.
- Copy of the title
- A survey plan/sketch/Map of the location/RIM
The last step requires the following:
- Original stamp duty payment receipt
- A duly executed transfer/charge instrument/inhibition/caveat/lease all in triplicates.
- Certified copies of ID card/KRA pin certificate and CR12 for companies
- An original title document
Why do I need a title deed?
The legitimate possession of a land or property is indicated in the title deed;however, despite this being the central importance of an owner to acquire a piece of land, there are other reasons. Here are some of the other reasons why one should go through the new registration process.
- A title deed makes a piece of land accessible because dealing with it is more secure.
- Apart from this, there are far few land disputes when people possess title deeds for the land they own.
- Most of the times, a title deed provides perceived security to a piece of land and therefore acting as an incentive to invest in a piece of property.
According to the 2010 constitution, every person in Kenya has the ability to purchase or obtain a piece of land and other properties either personally or in collaboration with others. To facilitate the implementation of this right,Kenya's Administration established.Forest and urban development government. The main functions of this Ministry are:
- To offer overall coordination and policy direction of the Ministry
- The Ministry also manages the public property. In the name of the national and regional governments.
- Moreover, the Ministry conducts Study on land and natural resource utilization
- Additionally, the Ministry ensures the use of traditional land dispute resolution.
- More importantly, the Ministry offers land registration to those that make applications.
In recent days, there has been an increased interest in owning land and property in Kenya. This has partly been facilitated by the increased number of real estate firms in Kenya that are targeting the middle-class Mwananchi. However, with the increase in demand for land, there have also been many investors crying foul of being conned. It is, therefore, paramount to understand the new property registration process as outlined above.