Easy Steps on How to Buy Land in Kenya (Conveyancing)
Conveyance is the process of transfer of rights and interests in land from one party to another. In any conveyance transaction there are two parties involved that is the vendor (seller) and the purchaser (buyer).
Due to the complex nature of the contract of sale of land the parties involved need to source the services of an advocate to deal with the process of acquiring and disposing off the land. The need for an advocate is due to the possibility of conflicts arising from the contract. When the advocate prepares the contract of sale they ensure that the terms and conditions of the contract are clearly outlined. However not all obligations in the contract are expressed or written down, some may be implied as from the nature of the existent relationship between the parties. Other people that can legally convey land in Kenya are:
- Artificial persons e.g. companies.
- People with powers of attorney.
The most burden in a sale of land contract lies on the advocate who has the following rights and obligations.
- To charge appropriate fee
- To establish actual existence of the land
- To ensure existence of the title of the land
- To ensure the price of the land is in accordance with the value of the land.
- Ascertain actual location of the land in question.
- Establish the boundary and size of land.
- Check for encumbrances on the land.
- Establish the registration of the land and if its valid
- Establish the state of the land (usability)
- Establish whether land is free hold or lease hold.
The vendor (seller) must provide:
- Title to the land which is proof of ownership.
- Must have physical possession of land during time of sale.
- Give two passport sized photos to the conveyer.
- Provide their KRA pin.
- Show beacons of boundary on the land and mention if property is on freehold or leasehold.
- Mention if any encumbrances’ on the land exist.
- Give purchase price.
The purchaser has the following rights and obligations:
- Pay the purchase price and if it’s in installments it should be as agreed per the contract.
- Uphold every other implied or express terms and conditions of the contract.
- To ensure that they have seen and surveyed the land. Rules of caveat emptor in law come in here which basically says buyer beware.
- Establish the size and boundaries of the land.
- Acknowledge the encumbrance on the land if any are existent.
Buying and selling of land can be simplified by hiring a competent advocate who will ensure that all the required rights are transferred from the seller to the buyer.
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