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.
