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Njogu Surveyor @[email protected]

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Njogu Surveyor
Posted 5 hours ago

๐‡๐จ๐ฐ ๐ฅ๐จ๐ง๐  ๐๐จ๐ž๐ฌ ๐ข๐ญ ๐ญ๐š๐ค๐ž ๐Ÿ๐จ๐ซ ๐จ๐ง๐ž ๐ญ๐จ ๐จ๐›๐ญ๐š๐ข๐ง ๐“๐ข๐ญ๐ฅ๐ž ๐ƒ๐ž๐ž๐?



The time it takes to obtain a title deed in Kenya depends on the specific process and circumstances, but generally, it can range from 3 weeks to 6 months or more. Here's a breakdown of different scenarios:



โœ… 1. If Buying Land with an Existing Title (Transfer Process)
Timeline: 30 to 90 days


Process Includes:

Due diligence (land search, verifying documents)

Drafting and signing the sale agreement

Payment of purchase price and stamp duty (usually 4%)

Transfer documents preparation

Registration at the Lands Registry


โœ… 2. If You Have an Allotment Letter (e.g., from Government or Company Land)
Timeline: 3 to 6 months or more

Process Includes:

Letter verification

Survey and beaconing (if not yet done)

Land rates clearance

Application for title issuance at Ministry of Lands


โœ… 3. If Acquiring Through Succession (Inheritance)
Timeline: 6 to 12 months or longer

Process Includes:

Filing for letters of administration

Confirmation of grant

Transmission of land to heirs

Title processing


โœ… 4. If Land Is a New Subdivision
Timeline: 3 to 6 months

Process Includes:

Approval of subdivision by local authorities

Survey

Registration of new parcel numbers

Title issuance


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Njogu Surveyor
Posted 6 hours ago

๐‚๐š๐ง ๐จ๐ง๐ž ๐๐จ ๐‹๐š๐ง๐ ๐’๐ž๐š๐ซ๐œ๐ก ๐ฐ๐ข๐ญ๐ก๐จ๐ฎ๐ญ ๐“๐ข๐ญ๐ฅ๐ž ๐ƒ๐ž๐ž๐?



Yes, you can do a land search without having the physical title deed, but you must have key details about the land. Here's what you need and how to go about it:


โœ… What You Need to Conduct a Land Search Without the Title Deed:


Land Parcel Number (L.R. Number)

This is the unique number assigned to the piece of land, e.g., L.R. No. 12345/67.



Approximate Location



The county and sub-county where the land is located.



Your National ID and KRA PIN



Required if you're applying for the search in your name.


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Njogu Surveyor
Posted 6 hours ago

๐‡๐จ๐ฐ ๐œ๐š๐ง ๐จ๐ง๐ž ๐จ๐›๐ญ๐š๐ข๐ง ๐ก๐ข๐ฌ ๐ฅ๐จ๐ฌ๐ญ ๐“๐ข๐ญ๐ฅ๐ž ๐ƒ๐ž๐ž๐?


If you have lost your title deed, you can apply for a replacement through a legal process called "application for a provisional title deed."

Here's a step-by-step guide on how to obtain a new one:


๐Ÿ“„ Steps to Replace a Lost Title Deed in Kenya

1. Make a Police Report
Report the loss at your nearest police station.

Obtain a police abstract to prove the loss.



2. Swear an Affidavit
Prepare a statutory declaration (affidavit) explaining how the title deed got lost.

Must be sworn before a commissioner for oaths or advocate.



3. Apply for a Gazette Notice
Submit your application at the land registry.

The registrar will publish a 30-day notice in the Kenya Gazette declaring your intention to replace the title.



4. Provide Supporting Documents
Police abstract

Sworn affidavit

Original land search results (from the land registry)

Copy of your national ID and PIN certificate



5. Wait for Objections (30 Days)
If no one contests within 30 days, the registrar proceeds.



6. Issuance of Provisional Title
After 30 days, and if thereโ€™s no objection, the land registrar issues a provisional title deed.

This replaces the lost one but must be clearly marked as


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Njogu Surveyor
Posted 6 hours ago

๐–๐ก๐š๐ญ ๐ข๐ฌ ๐š ๐ฃ๐จ๐ข๐ง๐ญ ๐Ž๐ฐ๐ง๐ž๐ซ๐ฌ๐ก๐ข๐ฉ?



Joint ownership refers to a legal arrangement where two or more people share ownership rights to a piece of land or property.


Each person has an equal or specified share in the property, and decisions typically require agreement among all co-owners.



๐Ÿ”‘ Types of Joint Ownership

1.) Joint Tenancy

All owners have equal rights and undivided interest.

Comes with the right of survivorship โ€“ when one owner dies, their share automatically passes to the surviving owners.

Common among spouses.

2.) Tenancy in Common

Owners may have unequal shares (e.g., 60% and 40%).

No right of survivorship โ€“ if one dies, their share goes to their heirs, not co-owners.

Each party can sell or transfer their portion independently.

๐Ÿ“ Why Joint Ownership Matters
Simplifies inheritance (in joint tenancy).

Helps in managing shared property (family, business partners).

Avoids disputes when ownership is clearly defined.


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Njogu Surveyor
Posted 6 hours ago

๐–๐ก๐š๐ญ ๐ก๐š๐ฉ๐ฉ๐ž๐ง๐ฌ ๐ข๐Ÿ ๐ญ๐ก๐ž ๐š๐ซ๐ž๐š ๐ซ๐ž๐š๐๐ข๐ง๐  ๐จ๐ง ๐ญ๐ก๐ž ๐ ๐ซ๐จ๐ฎ๐ง๐ ๐ข๐ฌ ๐๐ข๐Ÿ๐Ÿ๐ž๐ซ๐ž๐ง๐ญ ๐Ÿ๐ซ๐จ๐ฆ ๐ญ๐ก๐ž ๐จ๐ง๐ž ๐ซ๐ž๐š๐๐ข๐ง๐  ๐จ๐ง ๐ญ๐ก๐ž ๐“๐ข๐ญ๐ฅ๐ž ๐ƒ๐ž๐ž๐?


If the area reading on the ground is different from what is stated on the Title Deed, this discrepancy can raise legal, technical, and ownership concerns. Here's what typically happens and what steps you should take:

โš ๏ธ What Happens When Land Area Differs from Title Deed
1. Suspicion of Boundary Disputes or Encroachment
Possibility: Neighboring land may have encroached into your land or vice versa.

Effect: Could lead to disputes, and your actual land size may be reduced.



2. Survey Error or Outdated Records
Possibility: The title deed might reflect outdated or incorrect measurements due to manual surveying in the past.

Effect: New surveys (especially GPS-based) may show actual sizes that are larger or smaller.



3. Legal Inconsistency
Effect: If the title says 1 acre but the ground is 0.85 acres (or more), the land registrar or buyer may reject it during transfer, sale, or financing.



4. Blocked Subdivision or Sale
Effect: If you're trying to subdivide or sell, the mismatch can delay or cancel the process until corrected.

โœ… Steps to Take if There's a Size Mismatch
i.) Hire a Surveyor to Re-survey the Land

Have the land re-measured using updated tools (e.g., GPS, total station).

The surveyor will check against the Registry Index Map (RIM).

ii.) Get a Mutation or Rectification Form

If the ground area is correct but the deed is wrong, a mutation form or rectification request may be filed with the Land Registrar.

III.) Apply for Rectification

Through the Ministry of Lands, you can request correction under Section 79 of the Land Registration Act (Kenya).

IV.) Notify Neighbors and Land Control Board (if required)

Especially if boundaries will shift or affect neighbors.

V.) Title Amendment

Once verified, the land registrar will amend the title to reflect the actual ground size, or issue a new one.



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Njogu Surveyor
Posted 7 hours ago

๐–๐ก๐š๐ญ ๐š๐ซ๐ž ๐ญ๐ก๐ž ๐ซ๐ข๐ฌ๐ค๐ฌ ๐จ๐Ÿ ๐ก๐š๐ฏ๐ข๐ง๐  ๐‹๐š๐ง๐ ๐ฐ๐ข๐ญ๐ก๐จ๐ฎ๐ญ ๐๐ž๐š๐œ๐จ๐ง?



Having land without beacons (boundary markers) poses several serious legal, physical, and financial risks. Here's why it's dangerous:


๐Ÿšจ Risks of Having Land Without Beacons


1. Boundary Disputes
Risk: Without beacons, itโ€™s unclear where your land starts and ends.

Consequence: Neighbors may encroach on your land, or you may unknowingly encroach on theirs โ€” leading to conflicts or court cases.



2. Difficult to Sell or Transfer
Risk: Buyers, surveyors, or land officers will ask for a clear boundary.

Consequence: You may lose potential buyers or be unable to legally transfer the land without beacons.



3. Land Grabbing
Risk: People may illegally occupy or allocate your land to others.

Consequence: Proving ownership becomes harder without marked boundaries, especially in areas with weak enforcement.



4. No Accurate Survey
Risk: Lack of beacons makes it hard to conduct a precise survey or subdivision.

Consequence: Future development, fencing, or titling processes can be delayed or rejected.



5. Illegal Construction
Risk: You or a neighbor might build across an unclear boundary.

Consequence: This may lead to costly demolitions, lawsuits, or government action.



6. Ineligible for Loans or Financing
Risk: Banks require well-marked and surveyed land for collateral.

Consequence: Your land may not qualify for mortgage, SACCO, or bank loans.



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Njogu Surveyor
Posted 7 hours ago

๐–๐ก๐š๐ญ ๐š๐ซ๐ž ๐ญ๐ก๐ž ๐ซ๐ข๐ฌ๐ค๐ฌ ๐จ๐Ÿ ๐จ๐ง๐ž ๐›๐ฎ๐ฒ๐ข๐ง๐  ๐‹๐š๐ง๐ ๐Ÿ๐ซ๐จ๐ฆ ๐š ๐œ๐จ๐ฆ๐ฉ๐š๐ง๐ฒ?




Buying land from a company can seem easier due to organized systems, but there are serious risks you must be aware of. Here are the key risks involved:

โš ๏ธ 1. Fraudulent or Unregistered Companies
Some "companies" are not officially registered or are operating illegally.

Risk: You may pay for land that doesn't legally belong to the company.



Solution: Confirm the companyโ€™s registration with the Registrar of Companies and verify directors/shareholders.



โš ๏ธ 2. Lack of Title Deed or Ownership
Some companies sell land before acquiring genuine title deeds or full ownership.


Risk: You may end up with no legal right to the land.


Solution: Conduct an official land search and ask for ownership proof (title deed, allotment letter).



โš ๏ธ 3. Pending Disputes or Court Cases
The land may be involved in court disputes, succession issues, or unpaid debts.


Risk: Legal claims may emerge after you purchase, affecting ownership.



Solution: Do a search at the Ministry of Lands and Kenya Law Reports for any pending cases or cautions.



โš ๏ธ 4. Delayed Title Processing
Some companies promise titles after full payment but delay delivery for months or years.



Risk: You're left with no title deed and limited power to claim the land.


Solution: Only engage companies that provide clear timelines in the Sale Agreement and issue interim documents.



โš ๏ธ 5. Poor Land Planning or Zoning Violations
The land could be in areas marked for public utility, road reserves, or flood zones.



Risk: County or national government can repossess or restrict development.



Solution: Ask for a planning/zoning report and verify with the County Physical Planning Department.



โš ๏ธ 6. Group Ownership or Fake Balloting
Some companies sell shared or communal land without proper subdivision or approvals.



Risk: You wonโ€™t be allocated an individual parcel, or others may be allocated your same plot.



Solution: Avoid companies that use balloting without clear survey plans or subdivision approvals.



โš ๏ธ 7. Hidden Charges
Some companies charge extra fees for title processing, survey, or registration not disclosed upfront.



Risk: The total cost of the land becomes much higher than what you were told.




Solution: Get a written breakdown of all costs before signing the Sale Agreement.


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Njogu Surveyor
Posted 7 hours ago

๐–๐ก๐š๐ญ ๐ก๐š๐ฉ๐ฉ๐ž๐ง๐ฌ ๐ฐ๐ก๐ž๐ง ๐ญ๐ก๐ž ๐Ÿ๐š๐ญ๐ก๐ž๐ซ ๐ฐ๐š๐ง๐ญ๐ฌ ๐ญ๐จ ๐ ๐ข๐ฏ๐ž ๐จ๐ฎ๐ญ ๐ฅ๐š๐ง๐ ๐ญ๐จ ๐ก๐ข๐ฌ ๐ก๐ž๐ข๐ซ๐ฌ, ๐ฐ๐ก๐š๐ญ๐ฌ ๐ญ๐ก๐ž ๐ฉ๐ซ๐จ๐œ๐ž๐ฌ๐ฌ?


When a father wants to give land to his heirs (children or other family members) while he is still alive in Kenya, the process is called inter vivos transfer (a gift during life). Here's a step-by-step guide to the process:


โœ… 1. Confirm Ownership
Ensure the father has a valid Title Deed in his name and that the land is free of encumbrances (like cautions, charges, or disputes).



โœ… 2. Conduct a Land Search
Do an official land search at the Ministry of Lands or eCitizen portal to verify the details of the land.



โœ… 3. Obtain Land Control Board (LCB) Consent
Visit the Land Control Board (LCB) and apply for consent to transfer land to a family member. This is required for agricultural land and rural parcels.



Note: For family transfers, the LCB sometimes gives a special consideration, and no sale value is required.



โœ… 4. Prepare Transfer Documents
A registered land surveyor or lawyer helps prepare the following:

Transfer forms (Form RL 1)

Mutation form if subdividing

Identity cards and PINs of both parties

Passport-sized photos

Land rent clearance

Land rate clearance (if applicable)



โœ… 5. Stamp Duty Assessment
Apply for Stamp Duty exemption (under Section 117 of the Stamp Duty Act) because it's a gift or transfer between family. If not exempt, stamp duty is calculated on the land's value.



โœ… 6. Submit to Lands Office
Submit the full set of documents to the Ministry of Lands for registration and processing of new title deeds in the names of the heirs.



โœ… 7. Receive New Title Deeds
Once processed, each heir receives a title deed for their allocated share.


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Njogu Surveyor
Posted 8 hours ago

๐–๐ก๐š๐ญ ๐ข๐ฌ ๐ญ๐ก๐ž ๐š๐ ๐ž ๐ฅ๐ข๐ฆ๐ข๐ญ ๐Ÿ๐จ๐ซ ๐š๐ง ๐ข๐ง๐๐ข๐ฏ๐ข๐๐ฎ๐š๐ฅ ๐ญ๐จ ๐ข๐ง๐ก๐ž๐ซ๐ข๐ญ ๐ฉ๐ซ๐จ๐ฉ๐ž๐ซ๐ญ๐ฒ?


In Kenya, there is no minimum age limit to inherit property โ€” even a minor (under 18 years) can legally be listed as a beneficiary of an estate.

However, since minors cannot legally hold or manage property, the following applies:



๐Ÿ” What Happens if the Heir is Underage?
The court appoints a guardian or trustee to hold and manage the property in trust on behalf of the minor until they reach 18 years (the age of majority).



The property remains registered in trust for the child and cannot be sold or transferred without court approval.



โœ… Once the Child Turns 18:
The trustee transfers the property to the childโ€™s name.



The child gains full ownership and control.

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Njogu Surveyor
Posted 8 hours ago

๐๐ซ๐จ๐œ๐ž๐ฌ๐ฌ ๐จ๐Ÿ ๐ญ๐ซ๐š๐ง๐ฌ๐Ÿ๐ž๐ซ๐ซ๐ข๐ง๐  ๐ฅ๐š๐ง๐ ๐Ÿ๐ซ๐จ๐ฆ ๐’๐š๐œ๐œ๐จ ๐ญ๐จ ๐š๐ง ๐ข๐ง๐๐ข๐ฏ๐ข๐๐ฎ๐š๐ฅ?


The process of transferring land from a SACCO to an individual (usually after purchase or allotment) involves several legal and administrative steps. Here's a simplified breakdown:

โœ… 1. Confirm Full Payment
Ensure that you have:


Completed full payment for the land.


Cleared all dues to the SACCO (land cost, transfer fees, membership obligations, etc.).



๐Ÿ“„ 2. Collect Required Documents from the SACCO
The SACCO must provide:


Letter of offer or allotment (if applicable)


Transfer documents signed by the SACCO


Copy of SACCO registration certificate


Board resolution authorizing the transfer


Original title deed (if SACCO has one)


Copy of your ID, KRA PIN, and passport-sized photos


๐Ÿ“ 3. Sales/Transfer Agreement
Some SACCOs draft a Sale Agreement before transfer.

This is signed by both the SACCO and the buyer (you), witnessed by an advocate.


๐Ÿ’ฐ 4. Payment of Stamp Duty
Go to KRA iTax portal or Ardhi House for assessment.

Pay Stamp Duty (typically 2%โ€“4% of the property value depending on the location).


๐Ÿงพ 5. Land Control Board (LCB) Consent (for agricultural land only)
Apply for and attend the LCB meeting (monthly in most sub-counties).

Present:

Transfer documents

Copies of ID, PIN, passport photos

Sale agreement

Obtain Consent to Transfer.


๐Ÿงท 6. Submission to the Land Registry
Submit the following at the Lands Office:

Original title deed (if available)

Transfer forms (duly signed)

LCB consent (if required)

ID, KRA PIN, photos

Payment receipts (Stamp Duty)

Sale Agreement

Application for registration


๐Ÿท๏ธ 7. Issuance of Title Deed
Upon successful registration, the title deed is issued in your name.

Youโ€™ll receive either:

A new title deed, or

A certificate of lease (if leasehold land).


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