Execution-this refers to the signing of a document by both the buyer and the seller. Execution can be done through a signature, imprints (thumb prints), stamp(where a party has no limbs) Attestation-this refers to the witnessing of the execution of a document/instrument by witnesses.
What are the required consents?
• Consent of the Land Control Board-Consent of the Land Control Board is required for all conveyancing transactions that involve agricultural land. • Consent of the National Land Commission-Consent by the government is issued by the National Land Commission • Consent of the Kenya Airports Authority-Their consent is required when the land in question is procured around airports. • Consent of the Kenya Railways-Their consent is required when the land in question is adjoining a railway line. • Consent of the Kenya Ports Authority-Their consent is required where the land in question is adjoining a port .The purpose is to ensure that international standards with regards to safety and development are met. • Consent of the Chargee-The chargor must get the consent of the chargee with regards to any transactions involving the charged property. • Consent of the landlord-A tenant requires the consent of the landlord before subleasing his/her property. • Spousal Consent-Required when a person is married, but it is not required when a property is not matrimonial property but privately owned land.
What is a stamp duty?
This is the revenue payable to the government through the Kenya Revenue Authority. Stamp duty is assessed based on the value of the property as assessed by the government valuer. NB/The person responsible for paying the stamp duty is the person receiving an interest in land.
What is a Clearing Certificate?
There are two clearing certificates; Rate Clearing Certificate-issued by the National land Commission. It is required where the national government is the head lessor. Rate Clearing Certificate-found under the Rating Act which confers county governments with the power to obtain or collect annually rates from land owners.
What is registration?
This is the registration of an interest in land and the final requirement for clearance of a conveyancing transaction. The person with the obligation to undertake registration is the person/party obtaining an interest in land. NB/It is the responsibility of the Buyer to take all reasonable steps determine the authenticity or validity of a title to land before purchase.
What are the ways of investigating a title ?
• Examination of title • Official Search-conducted in the relevant registry (registry where the transaction is taking place) • Requisitions-this means to ask questions. • Inspection of the property-this is the physical examination/site inspection of the property.
What is the Role of the National Land Commission?
• To manage public land on behalf of the national and county government. • To recommend a National land policy to the government. • To advise the national government on a comprehensive programme for the registration of title in land throughout Kenya. • To conduct research related to Land and the use of natural resources and make recommendations to appropriate authorities. • To initiate investigations on its own initiative or on a complaint into present or historical land injustices and recommended appropriate redress. • To encourage the application of traditional dispute resolution mechanisms in land conflicts. • To assess tax on land and premiums on immovable property in any area designated by law. • To monitor and have oversight responsibilities over land use planning throughout the country.
