Kenya - Change or Update Title Deed

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Procedure

Changing or updating a title deed in Kenya typically involves a legal process that must adhere to the regulations set by the Ministry of Lands and the Land Registration Act. Title deeds are important legal documents that establish ownership of land or property, and any changes or updates must be done following the proper legal procedures.

Apply Online

Step 1: Register with the ardhisasa portal

1. Login to Ardhisasa platform or e-citizen and click on “Land Rent Refnds Section” to access the ardhisasa portal.
2. If a new user, kindly create an account, but if already exists, please log in to proceed with the application process.
3. Click on the “Register” icon, where you will be required to register as an individual or a company. The requirements are as follows:

Individual Registration

1. • Identification details (serial number of your current ID, ID number)
   • Official mobile number (registered using your ID number)
   • Personal e-mail address
   • Set up a strong password

Company Registration

1. Company registration number
2. Official company mobile number (registered using a director’s ID number)
3. Company e-mail address
4. Set up a strong password
5. After successful registration, you will be redirected to a login page where you will be required to:
6. Enter your ID number or registration number.
7. Enter your password.
8. Click “Continue” a one-time password (OTP) will be sent to your official phone number).
9. Enter the OTP to the field provided and click login.

Step 2:Obtain Official land search

1. Then click on the “Service” option on the dashboard, then click on the “Search” option, then click on the “New Application” tab.
2. Read through the FAQs to understand most of the terminology that are used through this process, then click on the “Next” tab
3. Enter the Parcel/title number, if the property is registered through the Ardhisasa platform the registered owner will be required to enter an OPT sent to their registered number.
4. if the property is not registered via the ardhisasa platform the request will be sent to the Ministry of Land for processing. One will be required to enter the Parcel/title number and purpose of search then click on the “Next” Tab
5. NB: Only upgraded professionals will be able to search unlisted properties.
6. if the property is unlisted, the applicant will be required to upload a certificate of lease or certificate of title of the property and then click on the “Next” tab.
7. Confirm the details and proceed to click on the “submit” tab.
8. For listed property, the owner will receive a notification and will be required to verify the request by entering the OPT and then clicking on the “Verify” tab to obtain a downloadable search certificate.
9. For unlisted property after processing and verification of the request by the ministry, a certificate will be sent to the applicant account for download and print.

Step 3: Apply for a Change or Update Title Deed

1. There are several reasons why someone might need to change or update a title deed:
2. Change of Ownership: When a property changes hands through a sale, inheritance, or gift, the title deed needs to be updated to reflect the new owner's information.
3. Subdivision or Amalgamation: If a property is subdivided into multiple parcels or parcels are combined, the title deed must be updated to accurately represent these changes.
4. Change in Property Details: Sometimes, there may be errors in the title deed that need correction, such as inaccuracies in property boundaries, descriptions, or ownership details.
5. Change in Land Use: When there is a change in the land's designated use, such as converting agricultural land into residential land, the title deed may need updating to reflect this change in land use.
6. Conversion/Replacement of Title Issued From The Closed Register. The purpose of this process is to update or replace an existing land title that was issued from a closed or outdated land register with a new title that conforms to current land registration standards and systems.
7. Change/Transfer of Ownership.
8. Only a practicing advocate can initiate the process and all parties including the advocate must be registered on the platform, the property must also be listed on the Ardhisasa platform under the “My Property” section.
9. The applicant (advocate) is required to log in to their professional account, click on “Transfer” under services select “Transfer of Interest on Land- Form 33” then click on the “New Application” tab to proceed with the application and enter the (proprietorship details, Transfer details, upload listed documents) confirm all provided details before clicking on “ submit” tab
10. The advocate is required to confirm all parties he/she is representing by clicking on the “Accept” tab and appending their signature on the document then clicking on the “Confirm Signature” tab.
11. The transferor and transferee will receive a notification on their registered phone and email address and should log in to their individual account and verify the application by entering the OPT received.
12. In the next step, the advocate will be required to submit the application, a ticket is then raised and the advocate is required to upload a scanned copy of their client title and ensure that the original hard copy of the title is submitted to the ministry for processing by booking an appointment through the platform and obtain a gate pass to access the ministry offices on the appointed date.
13. The application is then forwarded to the collector of stamp duty for determination of the stamp duty amount.
14. The applicant will then receive a notification requiring you to pay the stamp duty. NB The stamp duty fees will incur monthly if not paid on time upon being issued.
15. Upon payment and submission, the application undergoes more processing. Applicants will be notified of the outcome.
16. If approved the pickup person will receive a notification detailing when the title will be ready for collection and will be required to book an appointment via the Ardhisasa platform when he/she will be available to collect the title and obtain a gate pass to access the ministry offices.
17. Change in Land Use
18. Applicants should log in to their Ardhisasa personal account, then click on “Services” then click the “View More” tab under “Land Administration” then click on “Development Control” then select “Change of User”
19. The Change of User Application page will be displayed then click on the “New Application” tab.
20. Read through the FAQ’s section to familiarize yourself with different terminology used in the application before clicking on the “Next” tab.
21. The applicant will then be required to enter (Application details and upload all listed documents) and confirm all provided details before clicking on the “Submit” tab.
22. The applicant will then receive a successful submission notification detailing the application details.
23. The applicant will then be required to verify their application by clicking on the “Get OPT” tab and entering the OPT sent to their registered phone or email address before clicking on the “Verify” tab and then clicking on the “Submit Request” tab.
24. Upon a successful submission an invoice for development planning will be generated on the applicant account, click on the “Pay” tab to proceed with the payment via different platforms e.g. (Mpesa and direct bank deposit) and share payment details with the platform.
25. After making payment the application will be processed and the applicant will be contacted by the ministry for possible field work where the department views it necessary.
26. Once approved an invoice for development control approval fees will be generated, navigate to the invoice tab and proceed with the payment and an approval letter will be generated and can be accessed/ viewed and downloaded through the document tab under processed documents.
27. Subdivision or Amalgamation:
28. Applicants should log in to their Ardhisasa personal account, then click on “Services” then click the “View More” tab under “Land Administration” then click on “Development Control” then select “Subdivision or Amalgamation” in accordance with the application you wish to apply.
29. The Application page will be displayed then click on the “New Application” tab. Read through the FAQ’s section to familiarize yourself with different terminology used in the application before clicking on the “Next” tab.
30. Read through the FAQ’s section to familiarize yourself with different terminology used in the application before clicking on the “Next” tab.
31. The applicant will then be required to enter (Application details, upload all listed documents in the specified format) and confirm all provided details before clicking on the “Submit” tab.
32. The applicant will then receive a successful submission notification detailing the application details.
33. The applicant will then be required to verify their application by clicking on the “Get OPT” tab and entering the OPT sent to their registered phone or email address before clicking on the “Verify” tab and then clicking on the “Submit Request” tab.
34. After verification the application is submitted to the administration department for processing
35. while the application is being processed two invoices will be generated ( physical planning and survey fees) for the applicant to make payment against the invoice through (MPesa or direct bank deposit)
36. After a successful processing phase, a provisional letter will be generated for the applicant to enforce the conditions stated on the initiation of a survey process.
37. once the survey is done a recommendation letter from the county is uploaded as a confirmation that conditions have been met. The application is then re-submitted to the department.
38. On approval, an approval invoice fee is generated, navigate to the invoice tab and proceed with the payment and an approval letter will be generated and can be accessed/ viewed and downloaded through the document tab under processed documents.
39. Conversion/Replacement of Title Issued From The Closed Register.
40. Only a practicing advocate can initiate the process and all parties including the advocate must be registered on the platform
41. The applicant (advocate) is required to log in to their professional account, then click on “Services” then the “View More” tab under “Land Registration” then select “Replacement of title Issued from the closed Register” option under services offered.
42. Click on the “New Application” tab to proceed with the application and enter the (proprietorship details, Advocate details, and upload listed documents) confirm all provided details before clicking on the “Submit” tab
43. A notification for a successful application creation will be displayed click on the “View” tab and execute the submission of the application
44. The advocate is required to confirm all parties he/she is representing by clicking on the “Accept” tab appending their signature and then clicking the “Submit” tab.
45. A ticket and an invite will automatically be generated by the system to enable the applicant to surrender the title.
46. Navigate on the “My appointment” option on the dashboard to view the invite created, and click on the “View” tab to make a booking on the date and time you wish to surrender the title; under the upcoming appointment stamp, click on the “View” tab to be able to generate a gate pass that is to be presented at the Ministry gate, while surrendering the original old title.
47. Once surrounded the application is processed and the pickup person will receive a notification detailing when the new title will be ready for collection and will be required to book an appointment via the Ardhisasa platform; when he/she will be available to collect the title and obtain a gate pass to access the Ministry office’s.

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Required Documents

• Sale Agreement or Transfer Document: If the change involves a sale of the property, you will need a sale agreement or transfer document that outlines the terms and conditions of the sale. This document should be signed by both the seller and the buyer.
• Title Deed: The original title deed, also known as the land certificate, is a crucial document. You will need to provide the original title deed for updating or amending.
• Consent Documents: Depending on the nature of the change, you may require consent or approval from various authorities or parties, including:
• Consent of the lessor or landowner if the property is subject to a lease.
• Consent from the relevant local authority or county government.
• Consent from the National Land Commission for certain types of land.
• Stamp Duty Valuation Report: If the change involves a sale, you will need a Stamp Duty Valuation Report, which determines the stamp duty payable on the property transfer. This report is prepared by a Stamp Duty Valuer.
• Payment Receipts: Receipts of payment for stamp duty, land rent, and any other relevant fees or taxes must be provided as evidence of payment.
• Survey Records: In some cases, you may need survey records or a survey plan showing the property's boundaries and details.
• Gazetted Notice: A gazetted notice may be required to notify the public about the intended change or update to the title deed.
• Valid identification document.

Office Locations & Contacts

Ministry Of Lands, Public Housing And Urban Development
State Department for Lands and Physical Planning (Ardhisasa)
Address: Ardhi House, Off Ngong Rd, Nairobi,
Kenya.
P.O. Box 30450-00100, Nairobi, Kenya.
Phone: +254 202718050 / 204803886 /20 271 80 50 / 020 480 40 00 / 020 480 30 00
Email: ardhisasa@ardhi.go.ke
Working Days/Hours: Mon - Fri / 8:00 AM - 5:00 PM
Land Registries Regional Office
Survey Offices Regional Office
Ardhisasa Portal Link
Website: Link

Eligibility

A Practicing advocate is required to have the following:

• A valid practicing certificate
• An account with the Ardhisasa platform, should be upgraded from a private to a professional account.

There are several reasons why someone might need to change or update a title deed:

• Change of Ownership: When a property changes hands through a sale, inheritance, or gift, the title deed needs to be updated to reflect the new owner's information.
• Subdivision or Amalgamation: If a property is subdivided into multiple parcels or parcels are combined, the title deed must be updated to accurately represent these changes.
• Change in Property Details: Sometimes, there may be errors in the title deed that need correction, such as inaccuracies in property boundaries, descriptions, or ownership details.
• Change in Land Use: When there is a change in the land's designated use, such as converting agricultural land into residential land, the title deed may need updating to reflect this change in land use.
• Change in Encumbrances: If there are changes in any encumbrances or restrictions on the property, such as easements or mortgages, these may need to be updated in the title deed.

Fees

The fees associated with changing or updating a title deed in Kenya can vary depending on factors such as the nature of the change, the property's value, and any applicable government charges.

• Stamp Duty: Stamp duty is a significant fee associated with property transactions, including changes to title deeds. The amount of stamp duty payable depends on the property's value and is determined through a Stamp Duty Valuation Report prepared by a Stamp Duty Valuer.
• Land Rent: If applicable, land rent is an annual fee that property owners are required to pay to the County Government. Ensure that all outstanding land rent payments are up to date before making changes to the title deed.
• Consent Fees: Depending on the nature of the change, you may need to pay consent fees to various authorities or parties. For example, if the property is subject to a lease, you might need to pay a consent fee to the lessor.
• Legal Fees: Engaging the services of a qualified lawyer or advocate to assist with the process typically involves legal fees. The cost may vary based on the complexity of the transaction and the legal professional's rates.
• Publication Fees: If a gazetted notice is required to notify the public about the intended change, there may be fees associated with publishing the notice in local newspapers.
• Surveyor's Fees: If survey records or a survey plan is required, you may need to pay surveyor's fees for their services in preparing the necessary documentation.
• Search Fees: Before initiating the process, you may need to pay a fee for conducting a search at the Lands Registry to verify property ownership and details.
• Ministry of Lands Fees: There may be miscellaneous fees charged by the Ministry of Lands or the relevant government department for processing the change or update.
• Administrative Charges: Some fees are charged by government offices or the Lands Office for administrative purposes during the processing of the title deed change.
• Notary Fees: If documents require notarization, you may need to pay notary fees to a notary public.

Validity

• The validity of a title deed in Kenya is indefinite unless legally transferred or updated, but it should be regularly verified for accuracy and any necessary changes.

Documents to Use

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Sample Documents

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Processing Time

• The processing time for changing or updating a title deed in Kenya varies but typically takes several months, depending on factors such as the nature of the change, approvals required, and administrative processing.

Related Videos

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Instructions

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e.g. The state office holds birth records since January 1908.

Required Information

Property Details:

• The specific location and description of the property, including the plot or parcel number.

Current Owner Information:

• Full name and contact details of the current owner (seller).

New Owner Information:

• Full name and contact details of the new owner (buyer).

Sale Agreement or Transfer Document:

• A copy of the sale agreement or transfer document that outlines the terms and conditions of the property transaction.

Title Deed:

• The original title deed (land certificate) is in the name of the current owner.

Consent Documents:

• Consent or approval documents from relevant authorities or parties, if required. This may include consent from the lessor, local government, or the National Land Commission.

Stamp Duty Valuation Report:

• A Stamp Duty Valuation Report is prepared by a Stamp Duty Valuer to determine the stamp duty payable on the property transfer.

Payment Receipts:

• Receipts of payment for stamp duty, land rent, and any other relevant fees or taxes as evidence of payment.

Survey Records:

• Survey records or a survey plan showing the property's boundaries and details, if applicable.

Gazetted Notice:

• A gazetted notice if required to notify the public about the intended change or update to the title deed.

Legal Representation:

• Information about legal representation, including the name and contact details of the lawyer or advocate handling the transaction.

Need for the Document

Changing or updating a title deed in Kenya typically involves a legal process that must adhere to the regulations set by the Ministry of Lands and the Land Registration Act. Title deeds are important legal documents that establish ownership of land or property, and any changes or updates must be done following the proper legal procedures.

Information which might help

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Other uses of the Document/Certificate

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e.g. Birth Certificate can be used as proof of identity.

External Links

Ministry of Lands and the Land Registration Act

Others

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