UNDERSTANDING CONVEYANCING IN KENYA

Conveyancing is the legal process of transferring ownership of property from one party to another. In Kenya, this process involves several legal steps to ensure that the buyer acquires a legitimate title to the property and that the seller fulfills all legal obligations.

Why is Conveyancing Important?

Conveyancing is crucial for ensuring that property transactions are legally binding and free from disputes. It helps buyers avoid fraud, ensures compliance with land laws, and provides a secure transfer of ownership.

The Role of a Lawyer in Conveyancing

A conveyancing lawyer plays a key role in property transactions by:

• Conducting Due Diligence – Verifying the legitimacy of the property title and ensuring there are no encumbrances.
• Drafting and Reviewing Agreements – Preparing sale agreements and other crucial documents.
• Obtaining Completion Documents – Securing required consents and clearances.
• Facilitating Transfer of Ownership – Ensuring proper registration of the title deed.
• Advising on Tax and Fees – Providing guidance on stamp duty and other legal charges.

Key Steps in the Conveyancing Process

The following steps outline the conveyancing process in Kenya:

1. Title Search: Conduct a search at the Ministry of Lands to verify ownership and status.
2. Sale Agreement: Draft and sign a contract specifying the terms of the sale as required by the Law of Contract Act.
3. Payment of Deposit: Pay an agreed deposit amount, usually held in a lawyer's escrow account.
4. Land Control Board Consent: Obtain approval for agricultural land transactions.
5. Payment of Land Rates/Rent: Ensure payment is up-to-date and secure clearance certificates.
6. Stamp Duty Payment: Pay the government-imposed stamp duty based on property value.
7. Transfer and Registration: Submit all required documents for registration of the title.
8. Final Handover: Upon registration, the seller hands over the property and documents to the buyer.

Legal Considerations for Agricultural Land

Although Kenyan courts have ruled that failure to obtain Land Control Board Consent does not automatically invalidate transactions, it remains a legal requirement under Section 6 of the Land Control Act. Transactions affecting agricultural land without consent are void.

Conclusion

Conveyancing is a vital legal process that ensures property transactions in Kenya are conducted transparently and lawfully. Engaging a qualified lawyer can help buyers and sellers navigate the complexities of land transactions and avoid legal pitfalls.

For professional conveyancing services, consult our law firm to ensure a smooth and legally compliant property transaction.