What is the Transfer of Interest in Land?
The transfer of interest in land refers to the passing of land ownership from one party to another. This process is applicable for sole proprietors, joint tenancy, or tenancy in common. It requires the involvement of a practicing advocate and registration of all parties involved on the platform.
Read :How to create and individual account on ardhisasa
To begin the process, the proprietor must have their property listed under the “My Property” section on the platform. The advocate initiating the transfer must have a current practicing certificate and an upgraded account from a public user to an advocate. Transfer of interest in land is under the land registration services.
1. Click on Quick links or view more options.
2. Click on transfer services, then transfer of interest in land. The application is based on Form 33 of the Land Registration Act 2012. The applications are categorized as;
a) pending- these are applications that require action or the action of the parties included in the transaction. The actions may range from and not limited to otp verification, execution, surrender of the title document, or payment of pending invoices.
b) Ongoing- these are applications that you are involved in but do not require your action this allows you to keep track of the progress of your application.
c) Completed- these are applications that have been worked on by the ministry and have been approved.
d) Rejected- these are applications that have been worked on by the ministry but have been rejected for one reason or another.
e) cancelled- these are applications that have either been cancelled by the parties involved or the registrar.
3. To start a new application, click on the “New Application” button. Before proceeding, read through the frequently asked questions for guidance on the process requirements.
4. Enter the necessary information provided by the client, including the parcel number listed on the title document. If the transferor is an individual or a company, search for their details using their additional ID. Verify the information provided.
5. Select the transferee and the holding type, which can be sole ownership, joint proprietorship, or tenancy in common. Provide the transferee’s details using their ID. Ensure all co-owners are included for tenancy in common to avoid rejection.
6. Specify the nature of interest to be transferred, such as leasehold or freehold. Enter the consideration amount (selling price) and add a pickup person who will collect the title document upon completion.
7. Enter the details of the attorney representing the transferor and transferee, including their ID and additional ID. For tenancy in common, define the shares of each buyer to ensure the total adds up to 100%.
8. In this section, the nature of interest to be transferred, such as leasehold or freehold, is specified. The consideration amount, which is the agreed selling price, is entered. A pickup person, registered on the platform, is assigned to collect the title document upon completion.
9. The advocate provides the details of their law firm, including the name, contact information, address, and website if applicable. If there are any additional provisions to be included in the transfer, they can be added in this section.
10. The applicant selects the land status (developed or undeveloped) and the category of valuer required for property valuation purposes. The option to apply for an exemption from stamp duty is also available, with additional information required if selecting “Other Section” or “Legal Notice.”
11. Upload relevant documents, such as the application for adjudication of stamp duty, and any additional agreements.
12. Before submitting the application, all entered information should be reviewed for accuracy. Upon submission, the advocate must append their signature using one of the provided signing options.
13. Both the transferor and transferee receive notifications and must verify the application using OTP codes sent to them. They have the option to change or add an advocate to represent them. Each party appends their signature to confirm their involvement.
14. Upon submission, the advocate must upload a scanned copy of the client’s title document and schedule a date to submit the original physical copy to the Ministry of Lands. A gate pass is issued for access to the premises.
15. The application proceeds for stamp duty determination, and once the amount is derived, the applicant is notified to make the payment. Failure to pay on time results in monthly penalties.
Upon payment and submission, the application undergoes further processing. Applicants can track the progress on the application details page. Successful approval results in an invitation for the pickup person to collect the title document, while rejections are accompanied by reasons for the decision.
For enquiries, please visit Ardhi House, Off Ngong Rd: P.O. Box 30450-00100, Nairobi, Kenya or email: [email protected]. The ministry can also be reached on phone:0746 962239.
