Author: Property254

  • Ultimate guide to the Four Phases of the Real Estate

    Ultimate guide to the Four Phases of the Real Estate

    Similar to the broader economy, commercial real estate is a cyclical market. There are four phases to the real estate cycle:

    1. Recovery
    2. Expansion
    3. Hyper Supply
    4. Recession

    The four phases move in a continuous wave pattern that looks like this:

    4 phases of the real estate cycle
    Image by Glenn R. Miller, PhD.

    Depicted above is a single cycle. The end of the recession phase connects to the beginning of the recovery phase to form the continuous wave pattern.

    As we begin, I want to give special thanks to our friend Dr. Glenn Mueller of the University of Denver for his thought leadership in this space. Any investor who wishes to do a deeper dive on real estate cycles is advised to check out Dr. Mueller’s outstanding work.

    Understanding the progression of each phase within the cycle is critical in being able to identify investment opportunities, as well as risks that can arise, with heightened sensitivity when phases are on the verge of transitioning.

    One of the unique aspects of commercial real estate is that investors can invest successfully across all four phases of the cycle. However, understanding whether a cycle is climbing closer to a market peak, or starting down the slippery slope towards a market low can affect a variety of factors, such as:

    • Pairing investment strategy to phase
    • Holding periods and exit strategies
    • Return expectations
    • Performance as it relates to income and appreciation
    • Timing of capital improvements

    In this article, we describe each of the four phases and highlight certain appropriate investing strategies for each phase.

    7 Best Real Estate Investment Strategies in Kenya

    Phase 1: Recovery

    The recovery phase is the bottom of the trough. Occupancies are likely at or near their low point with tepid demand for space and minimal leasing velocity. There is usually no new construction underway and rental rate growth is either still negative to flat or, later in the phase, possibly occurring, but at levels that are below the rate of inflation. Identifying the beginning of the recovery phase is difficult as the market still feels like it is in recession.

    • Strategies:
      • Opportunistic: Provided you move early in the phase, there are still opportunities to buy bargain-priced properties in varying states of distress and begin to reposition those assets as the recovery phase takes hold. Holding periods are often targeted at two to four years with a business plan that contemplates transitioning the subject acquisition out of its current state of distress and liquidating during the expansion phase once the property achieves a core-plus to value-add profile.
      • Value-add: Value-add strategies during a recovery phase require careful thought and patience. For example, while pricing may provide for a great basis in a value-add asset during the early to mid portion of a recovery phase, the business plan should include contingencies for execution since strong lease up may not occur until the early part of the expansion phase.
      • Core: Investing in core properties during the recovery phase can be a highly profitable strategy, particularly if the targeted asset has a significant amount of lease roll over the ensuing two to four years. A typical strategy for a core asset in a recovery phase will be to acquire a trophy asset in a “main and main” location and then capitalize on the strong rental growth of the next cycle through a combination of lease renewals and lease up of any residual vacancy from the previous recession phase. The asset is then primely positioned to be refinanced or sold during the expansion phase.

    How to Thrive in Both Property Buyers and Sellers Markets

    Phase 2: Expansion

    During the expansion phase, the market is on the upswing in terms of growing demand for space. From a macroeconomic perspective, GDP growth is back to normal levels and quarterly job growth is strong. Occupancy rates are improving and rents are on the rise. Rents now approach levels that can justify new construction, and in certain very tight markets, surge ahead at breakneck speeds. Development activity begins to return during the expansion phase. There also is a high point during the expansion phase – the crest of the wave – where supply and demand is in equilibrium.

    • Strategies:
      • Development: This is the ideal time to develop or redevelop properties, because the current demand for space and leasing momentum helps properties stabilize more quickly upon delivery at rental rates that may set new market highs.
      • Core-Plus: Investors who seek lower levels of risk can acquire Core-Plus properties knowing they will enjoy high rates of tenant retention with continued rent growth.
      • Value-add: The expansion phase is prime time for value-add investing. Sophisticated investors can acquire properties with current deficiencies at substantial discounts to stabilized value, invest into capital expenditures and reposition assets rapidly aided by the strong absorption that is inherent to expansion phases of the cycle. Once repositioned, the asset can now command full stabilized value, which may translate into a refinance or sale.
      • Opportunistic: While most opportunistic opportunities have disappeared by the expansion phase, it may still be possible to find the exception case where a capital-starved asset remains in a state of distress. In that event, an opportunistic strategy during an expansion phase can be highly profitable but should accompany a short holding period unless the business plan is to refinance and hold post stabilization.

    Phase 3: Hypersupply

    The equilibrium between supply and demand in the expansion wave often tips over into excess. Oversupply of space can be caused by overbuilding, or a pullback in demand caused by a shift in the economy. Hypersupply is marked by rising vacancies. Rent growth may remain positive, but at declining levels.

    • Strategies:
      • Core: Some investors may decide to sell assets ahead of they perceive as a coming decline in property values and more challenging leasing market. At the same time, other investors may concur on the macro perspective but instead of liquidity seek opportunities to take shelter from the coming storm. A core property with high occupancy and a rent roll chock full of credit tenants with average remaining lease terms in excess of five years is a prime example of a core property that will perform well through the downturn with lease roll that is optimally timed to occur during the next expansion phase.
      • Opportunistic: At this phase in cycle, an opportunistic strategy may be more of a pricing strategy that can apply to any asset class rather than a typical distressed asset scenario. For example, once the hypersupply phase has set in, owners who are ill-equipped to operate through the impending recession, may hit the panic button and liquidate assets at prices that end up approaching recession price levels. In this scenario, the buyer leverages its capital superiority position to acquire a solid asset that he/she is confident will ultimately perform well in the next cycle with a recession phase already priced into the deal.

    Phase 4: Recession

    Supply outweighs demand, which produces higher vacancies. Rent growth during a recession is either negative or at levels that are below the rate of inflation. In addition, operators often resort to offering more concessions and rent reductions to entice and retain tenants.

    • Strategies:
      • Opportunistic: This is an ideal time to buy distressed assets at steep discounts to replacement cost. It is during the recession phase that buyers will also have the highest probability of acquiring assets in distressed scenarios such as special servicers and lender foreclosures, which are commonly referred to as real estate owned or “REOs”. This strategy focuses on an absolute basis with a patient and well-capitalized business plan that, when the recovery phase emerges and the sun begins to shine again, the acquirer will then commence repositioning the asset with hopes of disposing of it during the end of the recovery phase or early expansion phase.

    Once you understand the four phases of the cycle it then becomes important to begin grasping variances of the four phases.

    First, phases do not necessarily occur in equal periods. The recovery phase may be brief and quickly transition to the expansion phase, or it may drag on for years. It’s also difficult to project the duration of expansion phases. In addition, cycles can have different total duration. Just because there was general consensus that a previous cycle was nine years doesn’t mean that the next cycle will approximate the same total duration.

    Second, cycles vary depending on geography and asset class. Certain markets, such as gateway markets, may lead the transition from recession to recovery phases of the next cycle with secondary and tertiary markets to follow suit. Also, different asset classes recover, expand, oversupply and decline at different rates with some of the rate variance attributable to the asset class itself and some of the variance attributable to location both at the metro level and within metros. For example, while overall, the office asset class may be in an expansion phase in a given market, suburban office assets may still be in recovery while urban office may be nearing hypersupply. Therefore, when applying the concept of the four phases of the real estate cycle to a specific asset you must also overlay geographic location and asset class to truly gain a sense of where that asset plots along the cycle wave.

    The differences that exist between market timing and performance at different stages of the real estate cycle speak to the importance of creating a diverse real estate investment portfolio to balance out the highs and lows in performance. To that point, CrowdStreet aims to provide a wide variety of real estate investment opportunities across property types and geographic markets.

  • Hidden Costs when Buying or Selling Property

    When buying or selling land or property in Kenya, there are several additional costs beyond just the purchase price that you need to factor into your budget. Being aware of these extra fees and expenses is crucial for proper financial planning. Let’s go through the main costs involved.

    Agents’ Costs (Commissions)

    If you enlist a real estate agent to help you find a property or a buyer, you’ll be responsible for their commission. Agent fees are generally negotiable but typically range from 2-5% of the sale price. This “commission” fees is separate from the property transfer and legal costs.

    Here is a table of commissions that you should factor in.

    Search (Due Diligence) Costs

    During due diligence, your lawyer may need to obtain several documents, including:

    – An official search from the relevant land registry

    – A certified copy of the greencard from the relevant land registry

    – A certified copy of the Registry Index Map from the Survey of Kenya

    – A Survey Report from a licensed Surveyor

    These costs vary from registry to registry and are typically borne by the buyer. You may also search directly on Ardhisasa.

    Types of Title Deeds and how to obtain them

    Utility Costs

    Ensure that all utility bills, such as water and electricity, are settled by the seller before the transfer of ownership. Unpaid bills can be transferred to the new owner.

    Consents

    1. Land Control Board (LCB) Consent: Required for selling land in “agricultural” areas, with costs ranging from Kshs. 1,000 to Kshs. 20,000 depending on the type of consent.
    2. Management Company Consent (Apartments/Flats):  Apartment or flat dwellers may require approval from the management company, with fees determined by the management company.

    Land Rates and Rent

    – Land Rates: Collected by the County Government where the land is situated.

    – Land Rent: Collected by the Ministry of Lands and Physical Planning.

    – Payment of Accrued Rates and Rent: Ensure that the seller settles all outstanding rates and rent before transfer, as liability shifts to the new owner.

    Stamp Duty

    – Definition: A mandatory tax charged on property transfers in Kenya.

    – Determination: The market value of the property is determined by a government or private valuer.

    – Exemptions: Transfers between spouses, deceased person’s property to beneficiaries, and certain other transactions.

    – Payment: Borne by the purchaser and collected by the Kenya Revenue Authority.

    – Rate: 2% of the property value for rural areas and 4% for urban areas.

    Here is the best guide to stamp duty

    Valuation Costs

    – Purpose: To ascertain the current market value of the property for stamp duty assessment.

    – Costs: Borne by the buyer and may involve government or private valuers.

    – Engaging a specialized/competent Lawyer: Highly recommended for conveyancing and land transactions. The lawyers handle contract negotiations, due diligence, document verification, and registration.

    – Fees: Legal fees are subject to minimums prescribed by the Advocates Remuneration Order, typically starting at 2% or Ksh 35,000, and increase with property value. Additionally, a 16% VAT applies to legal fees.

    Registration Expenses:

    Registration fees for transfer instruments vary by registry and are borne by the buyer.

    Other Possible Costs

    Depending on the transaction, there could be additional costs like stamp duty on the initial sale agreement. Discuss any unique charges with your lawyer upfront.

    Post-Registration Costs

    Capital Gains Tax: Payable by the seller. It is a tax on the profit earned from property transfer. Currently, the rate is 15% of the net gain (sale proceeds minus acquisition and incidental costs).  Exceptions include transfers between spouses, inherited property, or sale of a private residence owned and occupied for three years before sale, land transfers below Ksh 3 million, and agricultural land under 50 acres outside urban areas.

    Conclusion

    Buying or selling land in Kenya involves numerous costs beyond the purchase price. It is essential to budget for these fees to ensure a smooth and successful transaction. Consult with a licensed advocate to guide you through the process and avoid any potential pitfalls.

  • The Best Guide to Real Estate Contracts

    real estate contract is a legally binding document that outlines terms agreed upon when two or more individuals negotiated a real estate transaction. It contains information such as the parties involved, price and terms, contingencies, acceptance date, expiring date, and homestead classification. A real estate contract aims to clarify the home buying process or renting while offering protection to both the buyer and seller.

    Types of Contracts in Real Estate

    1. Purchase Agreement

    A purchase agreement is a contract between a buyer and seller outlining the terms and conditions of the sale of a property.

    The buyer, refers to an individual, a business, or even a real estate agent. Similarly, the seller can be a homeowner, a realtor, or a corporation. 

    Besides elements common to real estate contracts, purchase contracts include the purchase price, earnest money, contingencies, financing terms, and the closing date.

    Depending on the exact details of a transaction, you might need one of the following specific types of purchase agreements. 

    2. Rental Agreement

    A rental agreement is a contract between a property owner and a tenant who wants to take temporary possession. The agreement outlines the terms and conditions under which the tenant can lease the property for a short duration, typically less than a year.

    Key elements of rental agreements include the property description, the rent amount, contract duration, security deposit, utility payments, and termination conditions. 

    There are several types of rental agreements, including the following:

    • Residential rental agreement: A contract between a landlord and tenant outlining the terms and conditions for renting a residential property.
    • Commercial rental agreement: A contract between a landlord and a business tenant outlining the terms and conditions for renting commercial property, such as office space, retail locations, or warehouses.
    • Month-to-month agreement: An agreement that renews monthly until either party terminates, such as a tenant renting a single-family home in Los Angeles, with either party having the right to terminate with a 30-day written notice.
    • Short-term/vacation rental agreement: An agreement to accommodate short stays, typically less than 30 days. For example, newlyweds on their honeymoon renting a vacation rental home through Airbnb.

    The Complete Guide to Rent-to-Own Schemes in Kenya

    3. Lease Agreement

    Lease agreements, like rental agreements, outline terms for the lease of a property. In contrast to short-term rental agreements, lease agreements are long-term contracts

    These are some of the different types of lease agreements:

    Fixed-term lease agreement: An agreement for a specific period, with the tenant committing for the entire term with penalties for premature termination. 

    Lease-Purchase Agreement: A lease-purchase agreement gives the tenant the right to purchase the leased property at a later date. Payment of an upfront option fee gives the tenant exclusive rights to the purchase.

    Absolute net lease agreement: A strict commercial lease where the tenant is responsible for all property-related costs, including base rent, property taxes, insurance premiums, maintenance costs, and structural repairs.

    Sublease agreement: This agreement allows a tenant to rent out all or part of a leased property to another person or business (the subtenant).

    Commercial lease agreement: An agreement for renting property for commercial or business purposes.

    4. Power of Attorney

    A power of attorney agreement is used to grant a person or persons the authority to make legal and financial decisions on another person’s behalf.

    Key agreement elements include the principal (person granting the authority), agent (person or entity getting the authority) and their responsibilities, scope of authority, duration, effective date, incapacity clause (for durable power of attorney contracts), and governing law.

    Depending upon the situation, you can use different power of attorney agreements:

    • General Power of Attorney: Gives broad authority for legal and financial matters
    • Limited Power of Attorney: Grants authority for a specific purpose, such as selling real estate.
    • Durable Power of Attorney: Remains in effect even if the principal becomes incapacitated.

    5. Real Estate Partnership Agreement

    Partners use real estate partnership agreements when they decide to work together to purchase and manage properties.

    Key elements include details of parties involved, capital contributions, ownership structure, responsibilities, profit/loss distribution, decision-making authority, terms of the partnership, buyout clause, and amendments.

    6. Listing Agreement

    A listing agreement is a contract between a property owner and an estate agent/broker that gives the agent the right to list, market, and sell the property on the owner’s behalf.

    Key contract elements include details of parties involved, property description, listing price, agent’s commission, type of agreement, duration, and the responsibilities of the seller and the agent.

    Letters of Authorization to sell in Real Estate

    Key Elements of Real Estate Contracts

    For legal enforceability, a real estate contract must meet the following requirements.

    Offer and Acceptance

    A legal contract requires a party (the offerer) to make an offer the other party (the offeree) accepts. 

    This requirement provides for mutual understanding of the terms of the contract and a clear intention of entering into a legal relationship. It also implies voluntary acceptance, as opposed to acceptance made under duress.

    In the real estate context, for example, a contract would be formed when a  buyer (offerer) makes an offer and a  seller (offeree) accepts the offer. 

    Consideration

    Consideration, in legal terms, refers to something of value. A valid contract involves an exchange of consideration. This exchange provides support to the contract. 

    For example, an owner sells a house in exchange for suitable compensation: the seller’s consideration is the house, and the buyer’s consideration is the money they pay for the house.

    Capacity

    Here, capacity refers to legal capacity, or the valid authority to enter a legal agreement. 

    In personal dealings, a minor, a person under the influence of drugs, or a person unable to understand contract language, does not have legal capacity.

    In business dealings, a person not authorized to conduct business and sign contracts on behalf of a corporation lacks legal capacity. 

    Legality of Purpose

    Another requirement for a valid contract is the legality of purpose and compliance with relevant laws and regulations. 

    Conclusion

    Understanding real estate contracts in Kenya is essential for protecting your interests in any property transaction. Whether you are buying, selling, or leasing, a well-drafted contract, coupled with thorough due diligence, can help you avoid legal disputes and ensure a smooth transaction. 

  • A Comprehensive Guide to the Inheritance Process in Kenya

    In Kenya, inheritance matters, also known as succession, hold significant weight in securing the future of families and loved ones. The process of transferring ownership of assets upon a person’s death can seem complex, but understanding the legal framework and steps involved empowers individuals to navigate this crucial phase effectively. This comprehensive guide delves into the succession process in Kenya, equipping you with the knowledge to ensure a smooth and efficient transfer of property.

    Understanding Succession process in Kenya:

    Succession refers to the legal process of transferring ownership of a deceased person’s estate (assets and liabilities) to their beneficiaries. A well-managed succession process ensures the deceased’s wishes are respected, and their assets are distributed fairly according to the law.

    The Legal Framework: Law of Succession Act (Cap 160)

    The primary legal framework governing succession in Kenya is the Law of Succession Act (Cap 160). This Act outlines the two main types of succession:

    • Testate Succession: This occurs when the deceased leaves a valid will outlining their wishes for the distribution of their estate.
    • Intestate Succession: This occurs when the deceased dies without a valid will. In such cases, the Law of Succession Act dictates how the estate will be distributed.

    Succession process in Kenya: with a Will (Testate)

    If a valid will exists, the following steps outline the typical process:

    1. Locating and Verifying the Will: The original will must be located, and its authenticity verified through a qualified lawyer.
    2. Applying for Probate: The executor named in the will (the person responsible for managing the estate) applies to the High Court for a Grant of Probate. This document officially recognizes the will’s validity and grants the executor the legal authority to administer the estate.
    3. Distributing the Estate: Once the Grant of Probate is obtained, the executor identifies the beneficiaries named in the will and proceeds with distributing the estate assets according to the deceased’s wishes. This may involve selling assets, settling debts, and ultimately transferring ownership to the beneficiaries.

    Succession process in Kenya: Without a Will (Intestate)

    When there’s no valid will, the process becomes more complex:

    1. Applying for Letters of Administration: An interested party (spouse, child, or close relative) applies to the High Court for a Grant of Letters of Administration. This document empowers the appointed administrator (usually the applicant) to manage the estate.
    2. Identifying Beneficiaries: The administrator, with the court’s guidance, identifies the beneficiaries entitled to inherit according to the Law of Succession Act. This hierarchy prioritizes spouses, children, and dependent relatives.
    3. Distributing the Estate: Similar to testate succession, the administrator distributes the estate assets after settling debts and taxes. However, the distribution adheres to the predefined order of intestate succession outlined in the Act.

    Important Questions in the Succession Process

    How Succession of Land is Done in Kenya?

    The process of inheriting land in Kenya depends on whether the deceased left a will (testate) or not (intestate).

    • Testate Succession: The will clearly specifies how the deceased wishes their land to be distributed. The executor named in the will applies for a Grant of Probate, which grants them the legal authority to manage the estate and transfer land ownership to the beneficiaries as outlined in the will.
    • Intestate Succession: The court identifies beneficiaries according to the Law of Succession Act’s order of priority (explained below).The appointed administrator applies for a Grant of Letters of Administration, authorizing them to manage the estate and distribute land ownership following the Act’s guidelines.

    Documents Required for Land Succession process in Kenya

    Here are some of the key documents required for land succession in Kenya, though the exact list might vary depending on the specific case:

    • Deceased’s original death certificate
    • Deceased’s national ID card (copy)
    • Original land title deed
    • Applicant’s (executor or administrator) national ID card (copy)
    • A copy of the valid will (if applicable)
    • Affidavits from witnesses (if applicable)
    • Proof of any existing loans or encumbrances on the land
    • Payment receipts for stamp duty and land registry fees

    How Much Does the Succession Process in Kenya Cost?

    The cost of succession in Kenya can vary depending on several factors, including:

    • Value of the estate: Stamp duty, a tax on the value of the estate, increases as the land value rises.
    • Complexity of the case: Unforeseen complications or disputes can lead to higher legal fees.
    • Lawyer’s fees: The lawyer’s experience and the complexity of the case will determine their fees.

    Here are some estimated figures to provide a general idea:

    • Stamp duty: This can range from 1% to 4% of the land’s market value
    • Lawyer’s fees: Basic cases might start around KES 50,000 (USD 450), with complex cases reaching KES 200,000 (USD 1,800) or more.
    • Court fees: These are typically nominal, around KES 1,000 (USD 9) for filing applications.

    Order of Priority in Succession

    The Law of Succession Act outlines a specific order of priority for inheriting assets, including land, when someone dies without a will (intestate succession):

    1. Spouse: The surviving spouse inherits a specific portion of the estate, with the remaining portion distributed amongst the children.
    2. Children: If there’s no surviving spouse, the children inherit the entire estate in equal shares.
    3. Dependants: If there’s no spouse or children, dependant relatives like parents, siblings, or grandchildren may inherit.
    4. The Government: In the absence of any legal heirs, the estate, including land, reverts to the Kenyan government.

    Important Considerations in the Succession Process

    • Tax Implications: There may be inheritance tax implications on the estate, which the executor or administrator needs to address before distributing assets.
    • Disputes and Conflict Resolution: Disagreements amongst beneficiaries can arise. Seeking legal guidance and mediation can help resolve such conflicts.
    • Timeframes and Legal Fees: The succession process can take several months to complete, depending on the complexity of the estate. Consulting a lawyer can expedite the process and ensure it’s handled efficiently, although legal fees will apply.

    Conclusion: The Importance of Planning and Legal Advice

    A well-planned succession process, whether through a properly drafted will or understanding the intestate succession laws, can significantly benefit families. It ensures a smoother transfer of assets, minimizes potential conflicts, and honors the deceased’s wishes. Consulting a qualified lawyer experienced in Kenyan succession law is highly recommended. They can guide you through the legal intricacies, provide personalized advice based on your specific circumstances, and ensure a successful conclusion to the process.

  • Ultimate Guide to Property Succession in Kenya

    Legally, this term refers to succeeding the rights of another person especially property and transferring the ownership rights from the deceased to the one living. In other terms, this is also known as the law of inheritance.  Each country has laid down rules and regulations that guide how succession is done. The laws of Kenya stipulate what happens after a person dies what to be done for the transfer to be legal.

    Importance of succession planning

    Planning for succession is very important for each and every person who owns assets. There are various ways benefits that you stand gain when you have a plan for your property succession.

    Sense of security

    This is the state of being worry free and having surety that in case of illness or untimely death your property is safe.  Further, death being unpredictable, you may be having plans in place on what to do it the property and when you have a succession plan this can go on without much interruption. This is possible because you have made identification of people who have your interests and are ready to decide on your behalf.

    Gives your property to rightful claimants

    When death happens there is a likelihood of having several claimants in the same property. With a clear succession plan in place, the chances of having conflicts is near zero thus ensuring the rightful claimants get the legal ownership. This is why you should plan early to avoid property feuds that can face your children and dependants.

    It is a powerful tool for dispute resolution

    Disputes involving property can be messy and at times end up in death or prolonged court cases. However, when we have two people claiming ownership of a property and we have a succession plan it place, it acts as the tool for resolving the dispute.

    Enables significance reduction of unclaimed assets

    Unclaimed assets are valuable items that continue to lie idle without any legal claims by the rightful owners. When you are having a succession plan in place, chances are you will reveal the properties you own to your beneficiaries and in case of death they can claim ownership. When there is no plan, the likelihood of them becoming unclaimed is high.

    Types of Property Succession

    Property succession exists in two main types: testate and intestate succession. In this section, we are going to explore each of the two so that at the end of this article, you have all the information you need when planning. It is important to note that that each country has laws regulation how succession is done.

    Testate succession

    Testate succession when a person dies and has left behind a will. A will is the legal declaration of how a person would desire his or her property is handled after they die. Having a will is very important as it gives you the ability and control of how you would wish your property distribution. Further, it avoids family wrangles surrounding property that may prolong in a court of law.

    There are two types of wills: oral and written will. The validity of wills lies on the presence of witnesses. For an oral will, it has to be witnessed by two or more witnesses of sound mind of full age. For written will, the validity is pegged on signatures of two or more witnesses with competence.

    It is important to note that the will has no legal effect until the maker dies. While he or she is alive, it neither limits his rights of ownership nor confers any benefits to anyone. Beneficiaries under a will do not acquire an interest in the property before the testator’s death. The following are the reasons why you should consider writing a will today:

    1. You will protect your family and those you love
    2. A will helps to avoid unnecessary court cases
    3. Prevents family disputes
    4. Give you liberty to select the person to manage your property
    5. You decide who will take care of your children
    6. Improves your overall mental health
    7. Saves time and costs that may come as a result of court cases

    Intestate succession

    This is a type of succession when one dies without a will or the will is contested and faces invalidation. There are numerous ways provided by law on how succession should happen in such a case

    Married and with children

    The spouse has a right to personal and household items. In addition, they have life interest to property, however, this ends in case they marry another person. Further the children still have a right to the property.

    Married with no children

    The spouse gets all personal and household belongings up to the first $100 OR 20% of the estate whichever is bigger. However, in case they choose to remarry the interest to the properties come to an end.

    Not married and have children

    The children have rights to the entire property once the attain the age of 18 years which is considered adulthood.

    Not married with no children

    In this case the property goes to family members in this order:

    • Father, if not alive
    • Mother, if deceased
    • Brothers and sisters equally, is still deceased
    • Step brothers and sisters, if not alive
    • Relatives close to you, if not alive
    • The property goes to the state

    Differences between probate and succession?

    This is the process which transfers ownership of the property such as a title deed from the deceased person to those who inherit. A succession is the process of settling a deceased person’s estate and distributing the property to those who inherit after the debts are paid. This process is called probate in other states.

    Bottom line

    Succession planning is very important for everyone who owns land. We believe this content will help you make more solid decisions around your properties and estates so that you avoid legal cases that can come after death. 

  • The Ultimate Guide to Pricing Your Home for Quick Sale

    Are you planning to sell your home? One of the most critical decisions you’ll make is setting the right price. Pricing your home too high can lead to a lengthy selling process while pricing it too low means you’ll miss out on potential profits.

    So, pricing your home just right is all about balance. It’s kind of like baking a cake. Too hot, and you burn it. It’s too cool, and it ends up undercooked. We want that perfect, golden temperature where everyone wants a slice.

    In this comprehensive guide, we’ll explore tips for pricing your home competitively to attract potential buyers and maximize your profits.

    Step 1: Research, Research, Research

    Think of pricing as both an art and a science. You want to lean on data, but you also need a gut check. Start by looking at what similar homes in your neighborhood are selling for.

    Why does this matter? Well, if three homes on your street sold for around $300,000, but you list yours at $350,000 with the same number of bedrooms, square footage, and features, buyers might skip right past you. On the other hand, if your home is packed with upgrades and outshines those comps, you can justify a slightly higher asking price.

    Step 2: Factor in Market Conditions

    Local market conditions can feel a bit like the weather—sometimes sunny and warm, other times stormy. But hey, that’s real estate!

    Seller’s Market: If there are more buyers than available homes, you can often list a bit higher. Think of a seller’s market like a hot day at the beach—everyone wants a spot, and there’s limited space on the sand.

    Buyer’s Market: More listings than buyers? You’ll need to be more competitive with your price. It’s similar to heading to a big beach on a chilly day—people are less eager to show up, and you need to give them a good reason to pick your spot over someone else’s.

    5 Crucial Factors to Consider When Selling a Property

    Step 3: Consider Professional Valuations

    If you want the gold standard in figuring out your home’s value, consider hiring a professional valuer. Yes, it can cost a few hundreds, but sometimes that peace of mind is worth every penny. A valuer will walk through your home, note its condition, compare it to recent sales, and factor in local market conditions to give you a detailed report.

    Step 4: Tweak the Number Based on Your Home’s Unique Features

    Let’s say your home has something special—maybe you’ve got a fantastic outdoor deck overlooking a lake, or you just finished a fancy kitchen renovation. Don’t forget to add a bit of value for these features! But be careful. You might love your koi pond and the custom water fountain that came with it, but not every buyer will share the same enthusiasm. Personal touches can be a double-edged sword.

    Here are a few features that often justify a higher price:

    • Recently Remodeled Kitchen: Buyers often pay a premium for high-end appliances, granite countertops, or custom cabinets.
    • Renovated Bathrooms: Outdated bathrooms can turn buyers off, so a fresh look can help you stand out.
    • Outdoor Living Spaces: Decks, patios, and landscaping add a ton of curb appeal.
    • Energy Efficiency: Solar panels, double-pane windows, and updated insulation can draw eco-conscious buyers who are willing to pay more.

    How to write attention grabbing property descriptions

    Keep it real, though. A fancy chandelier or bold color choices might not add thousands of dollars in value. Focus on the improvements that make your home more functional, comfortable, and appealing to a wide range of people.

    Step 5: Test the Waters and Adjust if Needed

    I know, it’s easier said than done. You’ve built memories in this house. Maybe you brought your puppy home here or hosted your first Thanksgiving dinner. It’s understandable to feel sentimental and assume your home is “worth more.” But buyers won’t always share that emotional connection.

    When you set your asking price, try to step into the buyer’s shoes. Look at your home objectively and ask yourself: “If I were seeing this for the first time, and I had a few options in this price range, would I pick this one?”

    If your home’s been on the market for a few weeks and you’re not getting any bites, it might be time to revisit your pricing strategy. There’s no shame in making an adjustment.

    here are signs You Might Need to Adjust Your Price:

    • Hardly any showings or inquiries
    • Multiple showings but zero offers
    • Consistent feedback that the price is too high compared to similar properties

    Listen to the market’s feedback. If people love your home but say the price is too high, that’s a clear sign. Don’t let pride keep you stuck.

    At the end of the day, remember that pricing isn’t a one-and-done kind of deal. The market can change, and your life circumstances might shift. Maybe you realize you need to move sooner than expected, or you notice that the local market is suddenly heating up. Keep an ear to the ground and be willing to pivot if necessary.

  • Simple Guide to Pay Stamp Duty with Ardhipay (Ardhisasa)

    Initially, for one to pay stamp duty, one had to log into the iTax portal of the individual required to pay for the stamp duty; key in the necessary details of the property in question such as the price, names of the vendor and purchaser, title number, the location of the property and finally the assessed amount. This would in turn generate a Payment Registration Number (PRN) which would be used when making the stamp duty payment.

    To make stamp duty payments, you

    1. Log in to the Ardhisasa platform: Just go to the Ardhisasa platform and log into your account. If you don’t have one, go ahead and create it.
    2. Select ‘Ardhipay’ by clicking on the ‘Ardhipay’ option.
    3. Select the ‘Stamp Duty  option. Then click on either Land Stamp Duty or Non Land Stamp Duty. Then navigate to the ‘New Application’ button and select this option.
    4. Initiate the transaction you are making. You then proceed to fill in the details needed for you to be able to apply. Once this is done you apply and pay the transaction/convenience fee.
    5. The Land Registration Department will then review the application and if it is in order, it will be forwarded to the Assessment/Valuation Department. Here they will either visit your property for physical valuation or use a scale for similar properties located in the same area.
    6. On completion of valuation/assessment, an invoice will appear under the “Invoices” tab of the application you are handling. The invoice will give you the option to either pay or view the amount that has been assessed. Click on pay and make the payment via your preferred mode.

    What is Stamp Duty?

    This is tax levied on legal instruments such as land transactions, agreements, shares, among other instruments.

    How do I pay Stamp Duty on Ardhisasa?

    • Log-in to ‘Ardhisasa’.
    • Click on the ‘Ardhipay’ option.
    • Click on ‘Stamp Duty Self Assessment’.
    • Navigate to the ‘New Application’ button and click on it.
    • Provide the relevant information & documentation needed and click on ‘Submit’.
    • Once the invoice has been generated, click on the ‘Pay’ button.
    • Choose a payment method & follow the instructions therein.

    What payment methods are accepted by the system?

    The system accepts a variety of payment methods, including:

    • M Pesa
    • M Pesa Express
    • Pesaflow Direct
    • Kenya Commercial Bank
    • Real Time Gross Settlement (RTGS)
    • Airtel money

    What is the cost of paying stamp duty?

    The payment processing is facilitated through e-citizen, and for each generated invoice, there is a convenience fee of 50 shillings.

    What should I do if my payment fails or is declined?

    At Ardhisasa Customer Care, we understand that payment hiccups can happen for a variety of reasons, and we’re here to assist you. If you encounter a payment failure, which can sometimes be due to factors like insufficient funds or payment method issues, we kindly advise you to review your payment details carefully and make another attempt. If the issue continues to persist, please don’t hesitate to reach out to our dedicated customer support team for prompt assistance.

    How can I view my payment history and receipts?

    To view your payment history and receipts, simply log in to your account and head to the “Ardhipay” section located on the left-hand panel of the system. In this section, you will find two tabs: “Unpaid Invoices” and “Paid Invoices.” These tabs provide a comprehensive summary of all your payments, both those that have been paid and those that are still outstanding.

    Important Payment Guidelines

    • Ensure your payment matches the exact invoice amount to avoid overpayments or partial payments.
    • Verify the invoice reference number and accurately input it during the payment process.
    • Direct all payments to the authorized account as specified in the provided payment instructions.
    • Previous accounts have been suspended and should not be used for any further payments.
    • Before submitting an invoicing application, it’s crucial to double-check all payment details. Key identifiers, such as the parcel number and uploaded documents, must be accurate. Any mistakes in these details could result in lost payments, so please verify them carefully before proceeding.

  • How to get a co.ke domain for your real estate website

    How to get a co.ke domain for your real estate website

    Now more than ever, establishing a strong online presence is one of the most important factors for a business’s success. When launching a website, choosing the right domain name is crucial. Your domain name is your online identity, influencing how customers find and perceive your brand. For Kenyan businesses, the question often arises: will a .co.ke domain affect my global reach?

    Let’s explore the factors to consider when making this important decision.

    What is a .co.ke Domain?

    A .co.ke domain is a country code top-level domain (ccTLD) specifically designated for Kenya.

    Using a .co.ke domain extension signals to users and search engines that your website is primarily associated with Kenya.

    These domains are ideal for businesses, organizations, or individuals who primarily target a Kenyan audience.

    Advantages of Using a .co.ke Domain

    • Local SEO Boost: Search engines often prioritize websites with a relevant country-code domain in local search results. A .co.ke domain can improve your search engine rankings within Kenya.
    • Trust and Credibility: A .co.ke domain adds a level of authenticity and trust for Kenyan customers, showing your commitment to the local market.
    • Brand Recognition: If your target audience is primarily in Kenya, a .co.ke domain can help strengthen your brand recognition locally.
    • Availability: You might have a wider range of desired domain names available under the .co.ke extension compared to the more saturated .com namespace.

    Will a .co.ke Domain Limit Global Reach?

    The short answer is: it potentially can. Here’s why:

    • International Recognition: The .com domain extension is the most widely recognized and used extension globally. A website with a .com domain might be perceived as having a broader reach.
    • Search Engine Optimization (SEO): While a .co.ke domain can help with local SEO, it might not be as effective for global search rankings. Search engines might associate a .co.ke domain strongly with Kenya, even if your content is relevant to a wider audience.
    • Customer Perception: Some international users might be less likely to click on a website with a .co.ke domain if they’re unfamiliar with the extension.

    How to Choose the Right Domain for Your Business

    The best domain extension for your business depends on several factors:

    • Target Audience: If your primary customer base is in Kenya, a .co.ke domain is an excellent choice. If you’re targeting an international audience, a .com domain would be more suitable.
    • Business Goals: Consider your long-term goals. Do you plan to expand your business beyond Kenya? If so, a .com domain might be a better investment.
    • Branding: Choose a domain name that aligns with your brand identity and is easy for customers to remember.
    • Domain Availability: Check if your desired domain name is available under both the .co.ke and .com extensions.

    Can I Have Both a .co.ke and a .com Domain?

    Absolutely! Many businesses choose to register both a .co.ke and a .com domain to:

    • Protect Your Brand: Prevent competitors or cybersquatters from registering your brand name under a different extension.
    • Cater to Different Audiences: Use the .co.ke domain for your Kenyan website and the .com domain for your international site.
    • Redirect Traffic: Redirect traffic from one domain to the other, ensuring that visitors can easily find your website regardless of the extension they use.

    Read also: .CO.KE Domain is better than .COM domain for a business in Kenya

    Tips for Maximizing Global Reach with a .co.ke Domain

    If you decide on a .co.ke domain, here’s how to optimize your global exposure:

    • High-Quality Content: Create valuable, informative content that is relevant to your business and target audience, even beyond Kenya.
    • Multilingual Website: Consider making your website multilingual to cater to a wider audience.
    • International SEO: Focus on international SEO strategies, including keyword research, link building, and optimizing for global search engines.
    • Global Marketing: Promote your website on international platforms and advertise to a global audience.
    • Clear Contact Information: Make it easy for international customers to contact you. Provide your email

    Here are some additional factors to consider

    • Web Hosting: Choose a web host that can provide reliable hosting for your .co.ke domain and support your global reach aspirations. Make sure your host offers features to ensure fast loading times for users worldwide.
    • Domain Registrar: Choose a reputable domain registrar that offers easy domain registration and management for both .co.ke and .com domains if you decide to get both. Look for a registrar with good customer support. Truehost fits all of these!
    • Security: Having a secure website with an SSL certificate demonstrates professionalism and builds trust, regardless of where your customers are located.

    Should I Use a .co.ke Domain?

    Now that you know what you know, should you still get a .co.ke domain?

    Here’s a quick guide to help you decide:

    Use a .co.ke domain if:

    • Your business primarily operates in Kenya.
    • You target a predominantly Kenyan audience.
    • You want to emphasize your local presence and build trust with Kenyan customers.

    Consider a .com domain if:

    • Your business has a global focus.
    • You aim to attract customers from all over the world.
    • You want to build a brand with an international reputation.

    Consider having both .co.ke and .com domains if:

    • You want to strongly protect your brand.
    • You want to ensure maximum visibility for both Kenyan and global audiences.
    • Final Thoughts
    • The question of “will a .co.ke domain affect my global reach?” has a nuanced answer. While a .co.ke domain has advantages for Kenyan businesses, it might have some limitations when targeting an international audience.
    • The best approach is to carefully assess your business goals, target audience, and long-term plans. Here are some additional points to keep in mind:
    • Your domain extension is just one part of your online strategy. A .co.ke domain won’t automatically limit your reach if you invest in high-quality content, SEO, and marketing strategies to connect with a broader audience.
    • Your online presence extends beyond your domain. Focus on building a professional website, strong social media engagement, and ensuring excellent customer service – these aspects are also important for gaining recognition and trust.
    • If you need further assistance in making this decision, you can consult with a digital marketing agency or a web development professional who can offer guidance tailored to your specific needs.
    • Are you a Kenyan business owner?
    • Share your experience with using a .co.ke domain. Have you considered getting a .com domain as well?
    • Let us know in the comments!
  • Estate Agents Registration Board (EARB) Announces Interview Dates

    Estate Agents Registration Board (EARB) Announces Interview Dates

    Are you aspiring to become a registered real estate agent in Kenya? If so, mark your calendars because the Estate Agents Registration Board has just announced the official interview dates for this quarter!

    The interviews are scheduled to take place on the 25th & 26th of April and the 2nd & 3rd of May. This is your chance to take a step forward in your real estate career and join the ranks of certified professionals in the field.

    To be considered for the upcoming interviews, it is imperative that you submit your application through the online portal before the deadline on the 8th of April. Whether you’re applying for the first time or have previously submitted physical copies, all applications must now be completed online.

    Click here to access the online application portal

    For those who have already submitted their applications online, rest assured that the Board will communicate your specific interview dates individually. This ensures a streamlined process and allows for efficient scheduling.

    In the event that you encounter any challenges or have questions regarding the online application process, assistance is just a phone call away. Feel free to reach out to the office line at 0741088144 or visit our their office at Prism Towers , Upperhill, Third Ngong Avenue 17th Floor for prompt support.

    Register for upcoming Trainings here

    The Estate Agents Registration Board aims to facilitate a smooth application process and encourages all eligible candidates to apply and pursue registration. This is your opportunity to take your real estate career to new heights and become a recognized professional in the industry.

    Click here to download the Real Estate Agents Act (Full)

    Letter of Authorization to source real estate-

    Letters of Authorization to sell in Real Estate

    Best of luck to all applicants as you embark on this exciting journey towards registration! Take the first step today and seize this opportunity to make your mark in the world of real estate.

  • 5 reasons why you should buy land during the rainy season

    5 reasons why you should buy land during the rainy season

    Do you know that the rainy season is the best time to buy your plot or house if you want to invest?

    As the raindrops dance upon the earth, there’s an often-overlooked opportunity that emerges with the arrival of the rainy season—buying land. While many may instinctively veer away from real estate transactions during this time, dismissing it as inconvenient or impractical, there’s a compelling case to be made for those willing to seize the moment.

    In this article, we’ll delve into the intriguing notion of why purchasing land during the rainy season might just be the smartest move you could make in your investment journey.

    1.       Gauging Accessibility

    When purchasing land during dry seasons, the appearance of all roads and plots may seem optimal and easily accessible. However, acquiring land during the rainy season provides a crucial advantage: it offers a firsthand perspective on the true accessibility of roads, particularly all-weather and murram roads.

    If these routes become impassable during heavy rains, it serves as a clear indication of potential future difficulties. This firsthand insight empowers buyers to make more informed decisions about whether to invest in the land, considering the long-term feasibility and accessibility factors.

    2.       Assessing the land’s drainage

    Throughout the rainy season, it becomes apparent how effectively the land manages drainage and whether certain areas are susceptible to flooding. It’s prudent to identify any potential drainage concerns prior to purchasing a piece of land, rather than encountering them post-acquisition.

    Investing in what you believed to be prime real estate, only to realize later it’s a swampy, uninhabitable area, poses a significant financial risk. Stay tuned for our upcoming blog post, where we’ll delve into the safest practices for purchasing land.

    Find properties for sale and for rent

    3.       Cost Advantage:

    Purchasing land during the rainy season presents a compelling opportunity due to the potential cost advantage it offers. As wet weather poses challenges, the demand for land tends to decrease, causing sellers to be more inclined to negotiate and offload their properties. This scenario often results in better deals for astute buyers who are willing to seize the opportunity.

    The cost advantage during this period can lead to substantial savings, making it an appealing incentive for those prepared to embrace the distinct opportunities that the rainy season brings.

    Estate Agents Registration Board (EARB) Announces Interview Dates

    4.       Environmental Assessments:

    The rainy season provides a distinctive insight into the environmental attributes of the land. The ample water presence unveils drainage patterns, potential flooding risks, and the overall ecological vitality. This direct encounter empowers buyers to make well-informed decisions regarding the land’s compatibility with their intended purposes.

    By grasping the environmental subtleties during the rainy season, prospective buyers can proactively avoid future unexpected challenges and gain a thorough comprehension of the land’s inherent natural characteristics.

    Find properties for sale and for rent

    5.       Water Source Assessment.

    Sufficient water supply holds paramount importance for a multitude of purposes, spanning from agricultural ventures to residential expansion. The rainy season serves as an opportune period to evaluate the accessibility and viability of water reservoirs proximate to or within the property.

    Lakes, rivers, and aquifers often reach their peak levels during this season, providing a vivid depiction of the land’s water resources. Such insights can prove invaluable in formulating and implementing sustainable water management strategies for future planning and development endeavours.

    6.      Infrastructure Planning:

    Despite the challenges it may pose, the rainy season offers buyers a unique opportunity to evaluate the durability of existing infrastructure. Roads, drainage systems, and other vital facilities undergo rigorous testing amidst heavy rainfall.

    By gauging the land’s ability to withstand adverse weather conditions, buyers can gain insights into potential investments required for infrastructure enhancements in the future. This proactive approach to planning guarantees that the purchased land is equipped to endure the challenges presented by the elements, ensuring its long-term viability.

    2 Acres Land for Sale in Muguga, Touching Thika River