With regard to leasehold land title, one owns property for a specified period given in the transaction, and when the period lapses, the land goes back to the main grantor holding the leasehold mother title deed upon which the lease for lodged at the Land Registry. However, under freehold, one owns property forever, which ownership traditionally relates mainly to parcels of land falling within agricultural areas.
Ideally there are three types of Title deeds in Kenya. Firstly, Certificate of Lease takes into account the leasehold land title explained above. Secondly, Absolute Title Deed relates is the land of freehold nature as mentioned above. Thirdly, the Sectional Title Deed relates to land interests established as apartments, flats, maisonettes, townhouses, or office units within a group-owned development having various common areas.
Ardhisasa is an online platform being development by the Government so as to allow all stakeholders and interested parties in interacting with the Land Registries in land information and all digitization processes undertaken. It started as a pilot which commenced with all land titles located in Nairobi County, and will eventually progress countryside. This development is fundamentally important because it protects land from any mischievous engagement by unauthorized individuals without permission of the real owners.
Upon transfer process which is finalized by actual registration of the new owner in the land register.
CGT is a tax applied to profit made on the sale of a capital asset, thus, it is chargeable on the whole of a gain which accrues to accompany or an individual on or after 1st January, 2015 on the transfer of property situated in Kenya, whether or not the property was acquired before 1st January, 2015. The relevant property include includes land, buildings and marketable securities. CGT was reintroduced through the Finance Act, 2014 at the rate of 5%, mainly, among others, for the purpose of minimizing tax avoidance and evasion; enhancing market efficiency by minimizing speculation; and promoting horizontal and vertical equity in taxation by ensuring fair sharing of tax burden. However, the Finance Act, 2022 increased the applicable capital gains tax to 15% from 5% effective from 1st January 2023.
For ease of reference, geo-referencing is interpreted in both the Land Act and the Land Registration Act which respectively stipulate that ‘geo-reference’ means reference to an object by a specific location on, above or below the earth’s surface. Ideally, geo-reference is always a key aspect in data analysis in Geographical Information System (GIS).
In law, matrimonial property in Kenya is defined to mean and include matrimonial homes, household goods and effects and other movable and immovable property, jointly owned and acquired by a couple during the subsistence of the marriage. The current legal interpretation is keen on contribution of each spouse to the acquisition of the property, which could be either monetary or non-monetary (which includes, but is not limited to: domestic work and management of the matrimonial home, child care, companionship, management of family business or property and farm work).
A Land Surveyor is an expert who collects and prepares data and report for land information management services that is necessary in land transaction. On the other side, the role of a valuer is to determine the market value of land in the open market.