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Who Should Be Involved in Your Land Transaction in Kenya?

By: PAPIUS MWANGI
January 08, 2023

Land transactions in Kenya can be complex, involving many different parties and a significant amount of legal paperwork.

It is important to have a team of professionals working on your behalf to ensure that the process goes smoothly and that your interests are protected.

This team may include a seller, a buyer, a lawyer, a land registrar, a valuer, and a surveyor. Each of these parties plays a vital role in the land transaction, and it is essential to have them all involved in order to ensure that the process is conducted legally and efficiently.

In this article, we will delve into the roles of each of these parties and discuss the importance of having them involved in your land transaction.

1. The seller.

The seller typically owns the land and has the right to sell it to a buyer. This could be an individual or a company.

In order to sell the land, the seller must have a clear title to the property, which means that they have the legal right to sell it and that there are no liens or other encumbrances on the land. The seller is responsible for providing proof of ownership and for disclosing any defects or issues with the land to the buyer. A lawyer or other legal representative may represent the seller during the land transaction.

2. The buyer.

The buyer is the person who is purchasing the land. The buyer may be an individual or a company. It is important for the buyer to thoroughly research the land and the surrounding area before making a purchase. A lawyer or other legal representative may represent the buyer during the land transaction. It is important for the buyer to carefully review all documents and agreements related to the land purchase to ensure that their interests are protected.

3. A Lawyer.

A lawyer is a professional who is trained in the law and is licensed to practice law.

In the context of a land transaction, a lawyer can help ensure that the transaction is conducted legally and that all necessary documents are properly completed and filed.

A lawyer may represent either the buyer or the seller, or both, in a land transaction. The lawyer's role may include negotiating the terms of the sale, reviewing and drafting documents such as the sales agreement and mortgage documents, and advising the client on their rights and obligations under the law.

It is important for the buyer and seller to each have their own lawyer to ensure that their interests are protected.

4. A Land registrar:

The land registrar is the government official responsible for registering land transactions and maintaining records of land ownership.

The land registrar is responsible for verifying the ownership of the land being sold and ensuring that the transfer of ownership is properly documented.

The land registrar may also be responsible for issuing certificates of title and other documents related to land ownership. In order to complete a land transaction in Kenya, it is necessary to register the transfer of ownership with the land registrar's office.

This typically involves submitting various documents, such as the sales agreement and proof of ownership, and paying any applicable fees. The land registrar's office maintains records of all land transactions and can provide information about the ownership and history of a particular piece of land.

5. A professional valuer.

A valuer is a professional who determines the value of the land. Valuers use various methods to determine the value of the land. They may be hired by the buyer or seller, or by both parties, in a land transaction.

The valuer's opinion of the land's value may be used to negotiate the price of the land or to determine the amount of a mortgage or other financing. It is important to have a valuer involved in a land transaction to ensure that the land is being bought or sold at a fair market value.

6. A professional surveyor.

A land surveyor is a professional who measures and maps land in order to determine its size, shape, and boundary lines.

Land surveyors use specialized equipment to accurately measure and map the land. In the context of a land transaction, a land surveyor may be hired to survey the land being sold in order to ensure that it is accurately described in the sale documents. The surveyor's report may include a map of the property and a description of its boundaries and features.

The surveyor may also be responsible for identifying any encroachments or disputes related to the property. It is important to have a land surveyor involved in the land transaction to ensure that the property is accurately described and that there are no issues with the boundaries or ownership of the land.

Conclusion,

It is crucial to have a comprehensive team in place when conducting a land transaction in Kenya.

By carefully choosing and working with these professionals, you can be confident that your land transaction will be handled smoothly and that your interests will be protected. Whether you are buying or selling land, having the right team on your side is essential to the success of your transaction.

With the above information, consider stepping to the next level of either buying or selling your land, browse these listings by the most trusted agents in Kenya or sign up to make your listing and sell your property faster.

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