Registration of a person as the proprietor of land confers upon that person absolute ownership. A certificate of title is conclusive evidence of ownership.
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.
In buying land, the first step is identification. The prospective buyer identifies a piece of land that meets their need using criteria such as price, size, location and soil type.
Next is conducting an official search at the land registry in the county where the parcel is located.
The buyer fills a search application form and attaches single copies of the title deed, ID card and PIN certificate and pays the search fee.
The search reveals details of ownership, size and status of the land – whether the property has court issues, for example.
The next step is to sign a sale agreement. The buyer may appoint a lawyer to represent him in signing the agreement.
The sale agreement is prepared by the seller’s lawyer and it indicates the terms of sale including the names of the buyer and seller, price of the land, mode of payment and documents to be supplied by the seller to facilitate registration of the transfer of land to the buyer.
At this point, the buyer may be required to pay a deposit for the land, with the balance payable within 90 days after signing of the sale agreement.
After the parties have signed the sale agreement, the document must be stamped to make it legally binding.
The transfer document is usually prepared by the buyer’s advocate and approved by the seller’s lawyer.
The seller pays for obtaining the completion documents, including: original title deed, three copies of transfer of land duly completed by the seller, ID card, certificate of registration of the seller and PIN certificate, three passport size photos of seller, land rent clearance certificate, and consent to transfer and valuation form duly completed by the seller.
The document should also be signed by the buyer who is required to produce copies of his ID card, PIN certificate and passport photos.
The buyer then applies for valuation of the land by the government valuer.
The lands office will use these documents to determine stamp duty payable to the Commissioner of Domestic Taxes.
Once the payment is done, the buyer should lodge the documents at the lands office for stamping.
Thereafter, the buyer should book the following documents for registration: Title deed, land rent and rates clearance certificates, valuation report, consent to transfer and stamp duty declaration.
The final step of purchase is registration of transfer in favour of the buyer.
