Land and Real Estate

Land and real estate law refers to the legal rules governing the ownership, use, transfer, and development of land and property. It covers issues such as land acquisition, leases, sales, zoning regulations, and dispute resolution. In Kenya, this area of law is primarily regulated by the Land Act, the Land Registration Act, the Physical Planning Act, and the Constitution of Kenya.

The process of Land and Real Estate transactions is:

  1. Title Search & Due Diligence: Before buying or leasing land, a search is conducted at the Lands Registry to verify ownership and check for encumbrances (e.g., loans, disputes).
  2. Sale Agreement & Payment of Deposit: A written contract is signed between the buyer and seller, detailing the terms of sale. The buyer typically pays a deposit (often 10%).
  3. Land Control Board (LCB) Consent: If the land is agricultural, approval from the local Land Control Board is required before the transfer.
  4. Stamp Duty Payment: The buyer pays stamp duty (usually 2-4% of the property value) to the Kenya Revenue Authority (KRA) for tax purposes.
  5. Transfer & Registration: The land transfer documents are signed, and the transaction is registered at the Lands Registry. The buyer receives a new title deed.
  6. Possession & Final Payments: After registration, the buyer takes possession of the land and clears any outstanding balance.

Dispute Resolution in Land Law

  • Negotiation & Mediation – Many land disputes (e.g., boundary issues, succession conflicts) are settled through dialogue or Alternative Dispute Resolution (ADR).
  • Tribunals & Courts – Disputes can be taken to the Environment and Land Court (ELC) or the National Land Commission for resolution.

Listen to our Land and Real Estate Episodes on Swala Nyeti Podcast

Can a Landlord Sue me for Rent after He Locked me Out and Sold my Things

Can a landlord charge me back rent if they’d already agreed to reduce it?

Would you like help understanding a specific land transaction or dispute process? Talk to us!

Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you need specific legal guidance, talk or chat to us on 0708111222.

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