Part 1: Transfer of Title Deed/ Land Ownership from a Deceased is Not Simple
Acquiring a title deed may seem straightforward in TV advertisements, but it’s not always. This is especially true for land still registered under a deceased parent or custodian, where obtaining a title can take a year or longer. Fortunately, in our case, the seller of the land we were interested in was finalizing the succession title transfer from his (then-deceased) father to his name.
As Mathew (a pseudonym for privacy reasons) explained, the process was daunting, even with their lawyer handling most tasks (costed them Ksh 80,000). “She would call me at work to visit her office to sign documents, deliver paperwork, verify details, correct errors, sign additional documents, and so on,” he said.
I’m not entirely clear on the full backstory of the process, but they filed a petition for the first grant.
Petition for Grant of Representation
In this first step, Mathew’s legal counsel filed a petition for the initial court grant. According to the lawyer I engaged, this petition typically seeks to appoint new administrators for the deceased’s estate. The required documents include the deceased’s death certificate, a chief’s letter, IDs of the proposed administrators (in this case, the mother and eldest brother), the land title, and ID copies of all siblings (heirs). The lawyer provides the necessary forms.
Issuance of Public Notice in the Kenya Gazette
If the court accepts the petition for the first grant, it issues a public notice in the Kenya Gazette. The purpose of this publication is to invite any objections related to the deceased’s estate (in this case, the land).
Issuance of Grant of Representation
If no objections are raised following the Kenya Gazette notice after one month, the court issues the Grant of Representation to the proposed administrators. However, the original title deed is not yet ready for transfer to the seller.
Application for Grant Confirmation
According to the lawyer I hired, a subsequent application for confirmation of the grant is required. I forgot to ask whether this is a new grant or a confirmation of the initial one. However, he noted that the beneficiaries, or their lawyer, typically submit this application six months after filing the first grant.
This was the stage Mathew, the sibling selling the land, had reached when we expressed interest in buying. He had documents provided by their lawyer and a scheduled court appearance date.
If the court approves the application and issues a confirmed grant, the original title (registered under the deceased parent) can be transferred to Mathew and his siblings.
Land Transmission and Title Transfer
When I met with “Mathew” to begin the transaction for the land I wanted, he informed me that the court had confirmed the Grant. The process took less than 30 minutes, as they did a virtual court proceeding from the lawyer’s office instead of attending in person.
At this stage, the land was ready to be transmitted to the siblings. My then lawyer requested to take over Mathew’s transmission process from his lawyer. She agreed to hand it over, but only after I paid a Ksh 10,000 “facilitation fee.”
Presenting the Confirmed Grant to the Land Registry
My lawyer presented the documents received from Mathew’s to the Land Registry. I can’t recall all of these documents, but they included the confirmed Grant, the Land Transmission Form, the original title deed (still in the deceased’s name), and other supporting documents.
For the Land Transmission Form, the proposed administrators—Mathew’s eldest brother and their mother—had to sign it. I remember this clearly because my lawyer mentioned they needed to visit his office.
Once all necessary documents were prepared, the lawyer submitted them to the Land Registry for formal registration.
Issuance of New Land Titles
After submission of the Land Transmission Form, I was anxious, worrying if the process would stall at this stage. I had already paid Mathew Ksh 100,000 as a commitment fee, but it was still part of the total amount agreed upon for the 100 x 100 plot.
The lawyer had estimated it would take two days for the new title deed of Mathew to be out in his name. This was the title of his whole farm, from which I hoped to acquire a 100 x 100 plot.
After eight restless days, the lawyer called to inform me that Mathew’s title deed was ready. I wasn’t as excited as I should have been, not only because of the delay but for reasons I’ll share another day.
The land sale agreement we signed with Mathew required him to leave the new title deed with the lawyer after verifying its authenticity and accuracy. The lawyer was to hold it until the final step of our land transaction, which was now moving to subdivision.
Part 2: Signing of Initial Transaction Agreement and Making 10% Deposit Payment
I bought my land directly from Mathew, with no agency involved. A friend, who happens to be his neighbor, introduced us, and I’m forever grateful. The 100 x 100 plot was valued at Ksh 2.4 million in the area, but Mathew offered it for Ksh 2.2 million. Even better, he agreed to let me pay the remaining Ksh 600,000 in six-month installments.
I was cautious about entering this transaction because Mathew didn’t yet have the title deed. It was still in transmission, though in the final stages of Grant Confirmation, to transfer the title from his then-deceased father’s name to his. At the time we engaged, Mathew and his siblings had just over a month before their court appearance for Grant Confirmation. His land is strategically located, about 200 meters from the main tarmac. My friend (and soon-to-be neighbor) also mentioned plans to tarmac the nearby inter-road.
To handle the transaction, I considered two good lawyers I know, but both were too far— in Westlands and South B, Nairobi. I decided to hire one based in Kikuyu for the ease of this transaction and their familiarity with the area.
The lawyer I contracted seemed genuine then and was prompt in the initial stages. I can’t recall whether I hired him on Tuesday or Wednesday, but by Friday, he had already prepared the initial land sale agreement.
Signing of Initial Transaction Agreement and Due Diligence
On Friday, we met at the lawyer’s office to make the initial payment (commitment fee) on the plot I hoped to purchase. I hadn’t performed a title search, which is the first step one should take before buying land.
Basically, a title search verifies ownership, land use type, outstanding debts or mortgages, pending disputes, and other critical details. However, Mathew seemed honest, assuring me there were no disputes, encumbrances, or legal issues. My friend, who had known him for a while, vouched for him.
So, I proceeded directly to signing the transaction agreement prepared by the lawyer. (For you, I recommend performing a title search first due to the prevalence of land sale scams in Kenya today.)
After agreeing to the terms, including a 40% compensation clause if either party backed out, we signed the transaction agreement. My friend and soon-to-be neighbor signed as my witness, while Mathew was accompanied by his wife.
The involvement of a lawyer is critical to ensure neither party breaches the agreement during or after the transaction.
Engaging with a Land Surveyor
Mathew’s title deed, since succession transmission, was under the lawyer’s custody. During our last meeting at the lawyer’s office, he had agreed to assist with the entire land sale process. However, his fee of Ksh 250,000 for subdividing the land into four portions and processing their titles was exorbitant.
Mathew needed the land divided into four portions, with two allocated to his elder sons. But due to the lawyer’s high charges, he sought an independent surveyor and found a company that offered to complete the entire process for Ksh 105,000.
As shown in a screenshot Mathew shared, the Ksh 105,000 covered the special land board, groundwork, mutation drawing, new title numbers, registration of mutation, map amendment, green card, and title registration. This saved him nearly Ksh 150,000 compared to the lawyer’s initial quotation.
I’m a true optimist, but I was cautiously optimistic about Mathew’s surveyor completing the entire subdivision process for only Ksh 105,000. My lawyer was displeased with this arrangement and hesitated to release the title deed. Since it was still Mathew’s property, I instructed the lawyer to give it to them, provided the surveyor agreed to return the new titles to him.
Payment of County Land Rates (Not Land Rent)
At this point, I no longer wished to conduct further transactions with “my” lawyer. While I paid reasonable fees for his services, he consistently inflated costs excessively— Land search, Stamp Duty, and now land subdivision fees.
Nevertheless, we had already started the process with him, and it was nearing completion. He also provided valuable insights at times, such as suggesting I confirm with Mathew whether the land rates had been paid.
It turned out that the Mathew family’s land county land rates had never been paid. The surveyor, though, assisted in clearing the arrears for the entire farm at a reasonable cost. I only needed an official verification for it, and Mathew sent me a soft copy of the invoice and receipt.
Land Subdivision and Installing Beacons
The payment of land rates at the county offices occurred on a Thursday. I recall this clearly because Mathew called me that day, asking to meet him and the surveyor at the farm the next day. As it was a workday, we rescheduled for Saturday, and the subdivision was completed successfully.
Of course, the land’s beacons were missing, but the surveyor and his team used their Google map thingie to locate them. They also reinstalled the missing beacons and set new ones for the subdivided portions.
Signing of the Re-Drafted Transaction Agreement and 10% Deposit Payment
After the surveying team left, we drove to the lawyer’s office with my friend (the transaction witness), Mathew, and his wife. With the land subdivision now complete, I was due to pay the 10% deposit for the land sale.
The lawyer re-drafted the transaction agreement, which we all signed, and I made the 10% deposit. All that remained was to await the surveyor and his team to prove their competence. I spoke briefly with the surveyor after the subdivision, and he seemed professional and approachable. Thus, I remained hopeful that he would handle his part smoothly.
PART 3: Preparing Land Transfer Forms and Updating Records for Rates
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