Buying land in Kenya
Timely homes real estate agency expertise and experience guarantees our clients the best buying and selling options in Kenya and profitable returns for their investments.
Whether looking for the best land options to buys or selling property in Kenya, Timely Homes team of experts guides our clients and simplifies the property acquisition or selling process, assuring our clients peace of mind and best returns or savings in the best interest of our customers.
Through the many years of experience dealing in property buying or selling in Kenya, Timely Homes gives top advice on the guidelines including;
1.First determine whether the property you want to buy is held under an agreement of sale (in which case the rights will be transferred to you by cession) or it has title deeds. The difference between the two is significant for a number of reasons. Where the property is held under an agreement of sale the person is not the ‘owner’ of the land in the legal sense, what he/she has are personal rights to the land. When one buys this land, the rights to the land are transferred to him/her through cession. This is usually the case with most houses in Nairobi & its environs and other smaller towns. On the other hand, where the person who is selling you the land has a title deed he/she is the owner of the land in the legal sense. It is wise to engage a lawyer who can help you understand the nature of the prospective seller’s rights in the land.
2. Where the land is held under a title deed and even if you are shown the original title deed there is need for verification with the Deeds Registry on a number of issues. A deeds search (preferably done on your behalf by a lawyer) will detect mortgage bonds, caveats and other endorsements, if any. You also need to physically see the land being sold and the identity of the seller. Where the rights in the land are to be transferred to you through cession, you need to have sight of the agreement which gives the seller rights in the land. You also need to check with the person or institution which will process the cession for example the council. In some cases there may be conditions for cession to go through.
3. The next stage is to have an agreement of sale drafted and this is better left to legal practitioners. Important terms include whether the purchase price is inclusive of value added tax (where applicable), mode and manner of payment, the stage at which risk will pass, date of occupation and variation of the contract.
4. Where the land is held under a title deed, the process of change of ownership is done through the Deeds Registry Office by a conveyancer. It is the seller who chooses the conveyancer and parties may put a clause in the contract specifying the conveyancing law firm. The buyer will have to pay the conveyancing fees whilst the seller pays the capital gains tax unless there is an exemption. Under cession, the Deeds Office is not involved but the parties simply attend at the council or developer’s offices where cession forms are signed. Cession fees are usually charged.
With key consideration to the prevailing market prices for land in prime areas in Kenya, Timely homes is focused on empowering clients on their way up the property ladder. The listing of various property options such as Once acre peiece of land in Joska, Kitengela, Kamulu, Ngong, Juja or elsewhere offers our clients multiple options in buying small or large property oprions in Kenya at competitive prices.
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