My name is Koech kindly advise me on the process entailed on the disposition of land.
Thank you Bwana for your question Koech well i wish to advice you as follows;
1.
When purchasing land a principle known as Caveat Emptor which literally means buyer be aware is applicable, as
such before buying land an investigation on the title must be conducted this
search is two fold namely; official search on the title and physical visit on
the property. The search is critical so as to avoid buying property which is
defective in terms of title and quality.
2.
The law provides that any disposition of land that
is; purchase or sale of land must be in writing failure of which such
transaction becomes void. It therefore follows that any purchase or sale of
Land must be reduced into a written sale agreement. This was not the case prior
2003 as then the law provided that any disposition in land may be evidenced in
writing or by possession.
3.
Once a search is conducted and the title verified
the parties should agree and execute a sale agreement, normally the purchaser
pays a deposit of 10 per cent and the balance on completion of the sale.
4.
On completion the purchaser should provide the balance
and the vendor should provide the following documents;
a)
Original
Title Deed.
b) Executed but undated
instrument of transfer of the property in favour of the Purchasers.
c) Consent to transfer
from the relevant Land Control Board(if the land is agricultural)
d) Rates Clearance
Certificate valid for at least 30 days from the date of its delivery to the
purchasers.
e) Vendor’s passport size
photographs, copies of Pin Certificate and I/D cards
f) Any other document
necessary or as may be required by the Purchasers’ Advocate for the effectual
completion of the transaction.
I hope you find this helpful
