How is Land Mutation Process In Kenya
What is Land Mutation Process In Kenya
Land mutation is the process of changing the ownership of land in Kenya. The purchaser is required to apply for mutation from a licensed land surveyor, who gets the documents from Survey of Kenya.
The application form requires the particulars of the owner such as personal details, property address, registration date, and type of transfer to be highlighted. The mutation process is essential as it acts as evidence representing subdivision or amalgamation of property.
Through mutation, the investor gets the property/land recorded in their name in the land registry, and the government is able to charge property tax from the rightful owner.
The first step taken by the landowner who wishes to subdivide land is to conduct an official title deed search at the local land registry.
The surveyor will survey and then marks the boundaries of the land to be mutated and signs three copies of the Mutation Form, which are further signed by a more senior surveyor, known as the Licensed Surveyor. The mutation forms, together with the search document, the consent form from the Land Control Board, and the surveyor’s report, are submitted to the Land Registry for processing.
Once the boundaries are marked, both the landowner and the surveyor are required to sign three copies of the mutation form, which are further signed by a more senior surveyor, known as the licensed surveyor. The mutation forms, together with the surveyor’s report, are then submitted to the land registry for processing.
The Land Registration Act and the Land Registration (General) Regulations, 2017 provide guidelines for the mutation process in Kenya. The mutation form is to be completed in triplicate and includes title details and registered proprietor(s) instructions to the surveyor. The form is submitted to the land registry, and official fees are paid.
Before signing land agreements in Kenya, it is important to request the court registry to confirm the authenticity of the letters of administration or letters of probate (if the owner had died and the “family” is selling the land to you), the seal and stamp of the court, and the judge’s signature.
Land agreements are an important part of any asset transaction, including land, and stipulate the terms and conditions of the transaction to reduce sources of dispute.
Types Of Property Mutation
In addition to the two main types of property mutation you mentioned (agricultural and non-agricultural), there are also other types of property mutation that may occur depending on the specific circumstances of the property.
Mutation of agricultural land:
This type of mutation is applicable to lands that are used for agricultural purposes such as farming, plantation, or animal husbandry. It involves the transfer of ownership of agricultural land from one person to another through a legal process, which may involve the payment of stamp duty and registration fees.
Mutation of non-agricultural land:
This type of mutation is applicable to lands that are used for non-agricultural purposes such as residential or commercial purposes. It involves the transfer of ownership of non-agricultural land from one person to another through a legal process, which may involve the payment of stamp duty and registration fees.
There are various circumstances when the mutation is necessary. They include
- Mutation due to inheritance: In cases where a property is inherited, a mutation is necessary to transfer ownership to the heirs.
- Mutation due to gift deed: A gift deed is a legal document used to transfer ownership of a property as a gift. A mutation is necessary to update the land records and reflect the change in ownership.
- Mutation due to partition: When a property is divided among co-owners, a mutation is necessary to update the land records and reflect the new ownership details.
- Mutation due to court order: In some cases, a court may order a mutation to be carried out to update the land records and reflect changes in ownership or other details.
- Mutation due to sale/purchase: This type of mutation is necessary when a property is sold or purchased. It involves updating the land records to reflect the new ownership details.
What Is The Role Of A Licensed Land Surveyor In The Mutation Process?
In the mutation process, a licensed land surveyor plays a crucial role in Kenya. The purchaser is required to apply for mutation from a licensed land surveyor, who gets the necessary documents from the Survey of Kenya.
The surveyor then marks the boundaries of the land to be mutated and signs three copies of the Mutation Form, which are further signed by a more senior surveyor, known as the Licensed Surveyor. The mutation forms, together with the search document, the consent form from the Land Control Board, and the surveyor’s report, are submitted to the Land Registry for processing.
The role of a licensed land surveyor in the mutation process is to mark the boundaries of the land to be mutated and sign the Mutation Form. The surveyor must be licensed by the Survey of Kenya to carry out land survey services.
The mutation process is essential as it acts as evidence representing subdivision or amalgamation of property. Through mutation, the investor gets the property/land recorded in his/her name in the land registry, and the government is able to charge property tax from the rightful owner.
Step By Step Land Mutation Process
Land mutation, also known as land transfer or land registration, is the process of transferring ownership of land from one person or entity to another. In Kenya, the land mutation process involves several steps, which are outlined below:
- Obtain a land search: The first step in the land mutation process is to obtain a land search from the Ministry of Lands. This document provides information about the current owner of the land, any outstanding charges or encumbrances on the property, and any other relevant details.
- Obtain consent from the relevant authorities: If the land is subject to any restrictions, such as zoning or building codes, consent must be obtained from the relevant authorities.
- Draft a transfer document: Once the land search and consent has been obtained, the buyer and seller should draft a transfer document, which outlines the terms of the transfer, including the purchase price, payment terms, and any other relevant details. The transfer documents must be prepared by a lawyer or a licensed land surveyor. These documents include a transfer form, a consent form (if applicable), and a valuation report.
- Pay stamp duty: Before the transfer document can be registered, the buyer must pay stamp duty, which is a tax on the transaction. The amount of stamp duty payable is based on the value of the property and is calculated as a percentage of the purchase price.
- Register the transfer: The transfer document must be registered with the Ministry of Lands. The buyer should submit the transfer document, along with the land search, to the Ministry of Lands for registration. The registration process can take several weeks to complete.
- Obtain a new title deed: Once the transfer has been registered, the buyer should obtain a new title deed from the Ministry of Lands. This document serves as proof of ownership of the land.
- Update land rates: Finally, the buyer should update the land rates with the local government authority, which is responsible for collecting property taxes. This ensures that the buyer is correctly billed for property taxes going forward.
In summary, the land mutation process in Kenya involves obtaining a land search, drafting a transfer document, paying stamp duty, registering the transfer, obtaining a new title deed, and updating land rates.
It is important to work with a lawyer or notary public to ensure that all the necessary steps are followed correctly.
To apply for mutation, an application of the area has to be given on plain paper along with the required value of a non-judicial stamp paper.
The following documents are required for mutation:
- Copy of Sale Deed
- Application for mutation with court fee stamp affixed on it
- Indemnity bond on stamp paper of requisite value
- Affidavit on stamp paper of requisite value
- Receipt of up-to-date property tax payment
Documents required for mutation in case of inheritance or Will are:
- Death Certificate
- Copy of Will or Succession Certificate
- Indemnity bond on stamp paper of requisite value
- Affidavit on stamp paper of requisite value attested by a Notary
- Receipt of up-to-date property tax payment in case of Power of Attorney
- Copy of Power of Attorney.
- Copy of Will
- Receipt for payment registered with a sub-registrar
- Application for mutation with court fee stamp affixed to it
Why Is Mutation Important?
Mutation serves as proof of the transfer of property ownership, regardless of whether or not the property has changed hands. It’s essential for individuals to timely verify the mutation with the revenue office to prevent any fraudulent activities.
There have been instances where potential property buyers have requested a copy of the latest mutation. However, some people may not be aware of its significance, so let’s take a moment to understand what mutation is.
By undergoing mutation of a property, the new owner’s name is recorded in the land revenue department, allowing the government to charge property tax from the rightful owner. The process and fee for documentation may vary from state to state.
How Long Does The Mutation Process Take in Kenya?
In Kenya, the mutation process can take different durations depending on various factors such as the efficiency of the authorities involved, completeness of documentation, and complexity of the property title. However, the process usually takes an average of three months to complete.
During the mutation process, the land ownership details are updated in the relevant government records, and new title documents are issued in the name of the new owner. The process involves several steps, including filling out the relevant forms, payment of the applicable fees, and submission of the required documents.
Once the application is submitted, it undergoes verification and processing by the relevant authorities. The time taken for this process may vary depending on the workload of the authorities, but it usually takes several weeks to complete.
After the verification and processing are done, the new title documents are issued, and the mutation process is considered complete. It is important to note that the new owner cannot use the property until the mutation process is complete, and the new title documents are issued in their name.