The Supreme Court recently said that letters of allotment are not proof of ownership of land. The same applies to share certificates issued by land buying companies.
Supreme Court: Allotment Letter is not a Title Deed
3 Types of Title Deeds In Kenya and How to Obtain Them
If you have an allottment letter, the court stated that you have to fulfill conditions in the letter of allotment for the allotment to be valid. Once thee conditions in the letter of allotment have been fulfilled, you should acquire a title to the land through registration under the relevant laws.
How do you process titles from allotment letter?
The National Land Commission (NLC) is mandated to oversee the allocation of plots and preparation of the lease documents on behalf of the public entity that has issued the allotment letter.
3 Types of Title Deeds In Kenya and How to Obtain Them
Below are the steps to follow in order to process a title from an allotment letter:
1) Acceptance of the offer.
One is required to write to NLC accepting the terms and conditions in the allotment letter within the duration stipulated in the allotment letter. Afterwards, make payment of the statutory fees indicated in the allotment letter. A plot file is then opened and a number issued.
2) Surveying of the land
The next step is to contact a Land Surveyor to undertake a survey of the plot. You will need to provide a copy of the letter of allotment, map, special conditions and payment receipt of the statutory fees.
Once survey is done, obtain the Registry Index Map and the survey details and forward to NLC for preparation of lease documents.
3) Lease preparation by NLC
NLC will reconfirm the status of the allocation of the land as well as record and store the survey details in a catalogue. Afterwards, the lease will be prepared and signed by the relevant officer.
4) Payment of fees
Assessment of the required stamp duty will be undertaken and afterwards stamp duty is paid. You will also be required to obtain land rent and rates clearance certificates.
5) Registration of the lease
The lease is then forwarded to the Ministry of Lands for registration and a certificate of lease issued.
In conclusion, it is important to seek legal advise and the input of professionals to ensure that you acquire a good and valid title.
Should you require any further information, do contact us on email or call us on +254726982982.
What is an allotment letter?
An allotment Letter is a formal document issued by a government authority or a landowner to confirm the allocation of a piece of land to a person or a company. A land letter of allotment usually include important details about the property including its location, size and plot number.
Can an allotment letter be transferred?
The holder of an allottment letter cannot pass good/valid title to a third party until he acquires title to the land through registration.
5 Key Steps in the Process of Buying Land in Kenya
Sell your properties fast!
Property254 connects you with serious buyers. List your property for sale on our user-friendly website today.