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PROPERTY ACQUISITION IN KENYA!!
My stern advice to you is that before you enter into any
transactions please consult
your Embassy or Consular.
Secondly, obtain good counsel from a reputable Solicitor/Lawyer/Advocate
to work out the modalities of acquiring the property!
The need for a lawyer is prarmount in assisting you to acquire
land or any other
property in Kenya. The charges of hiring a lawyer usually
vary depending on
the value of the property you will be buying. Details pertaining
to engaging good
advocates/solicitors/lawyers can be obtained from your
Embassy.
You will also need the services of a good surveyor, to verify
the size and location of the plot.
HIME & ZIMMERLIN
Land Surveyors (Licensed) & Land Consultants
Contact: zimm@africaonline.co.ke
Tel: 254 11 313470, Fax: 254 011 316107,
2nd Floor Ambalal House P O Box 99024 Mombasa Kenya.
P O Box 14437 NAIROBI Tel: Nairobi 254 02 582386.
Other thoughts which I would like to share on the issue of
acquiring land in Kenya are as follows:
1.The person selling the plot must have a valid Title Deed.
( Please click here to see a sample
of Kenyan Land Title Deeds).
The Title Deed is an official
government document showing:
a) the owner of the property,
b)the size of the property; and
c)the class of the property.
Herewith below is a further explanation pertaining to
the pointers written above;
a) THE OWNER OF THE PROPERTY
No one can sell what does not belong to him. So please
do not get coned into buying something that one cannot
verify that it belongs to him or her!
No Title Deed - No Buy!!
b) THE SIZE OF THE PROPERTY
Al Title Deeds in Kenya indicate the exact size of the
property, its location in the republic so that no two
people can own a Title Deed of the one marked
property. The size of any property also plays a great
a part in determining the true value of the land.
c) THE CLASS OF THE PROPERTY
Property in Kenya has been classified as follows:
i) Commercial
This is one set aside for purposes of deriving
revenue or income from it.
This is the kind of property,which a foreigner is
allowed to buy,and build on it.
ii) Agricultural (Farming Land)
This type of land is usually owned by the
indigineous people.
Foreigners can not acquire such
property no matter what!
Exept if you form together with an kenyan citizen a company.
Then agricultural land can be bought in the name of your
company, which will appear as the owner of the plot on the
Title Deed
But that solution may lead to troubles,if your partner in
the company is not reliable..
PLEASE NOTE that one can buy Agricultural land but
all arrangements must be made to change its user i.e.
from Agricultural to Commercial. The change of user is
allowed by the Law of Kenya and usually takes awhile
(Pole Pole)
FREEHOLD AND LEASHOLD TITLE
A freehold title gives the owner absolute proprietorship
over the land in perpetuity.
Leasehold property is held on a government lease for
a specified period, usually 50 or 99 years. At the end
of this period, the landowner applies for an extension
of the lease, which is usually granted.
The extension process takes approximately 6 months.
Both freehold and leasehold land is subject to City Council
Rates which is usually a fraction of the unimproved site value.
However, leasehold is further subject to Land Rent,
based on the size of the land.
Although a freehold title would be of distinct advantage,
a leasehold title bears no specific disadvantage to the purchaser.
However, in applying for loans or mortgage finances,
most financial institutions require a remainder of at least
50
years on the leasehold. This may be something to watch out
for.
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