Conveyancing and Property Law Firm in Kenya
WTT Lichuma Advocates LLP has provided property law advice and legal services to the property industry for more than 15 years. We have acted in some of most expansive Kenyan landmark property transactions, projects and developments. Our team brings experience in all types of property transactions, development, leasing, project structuring arrangements, and planning and environment advice and appeals. Our team acts for property developers, owners, investors, landlords, project managers, contractors, consultants and the government. Our lawyers understand the importance of a ‘deal making’ rather than ‘deal breaking’ approach and work consistently to the tight deadlines required in property and development projects to meet the needs of our client.
As a top conveyancing and property law firm in Kenya, We are experienced in all transactions including the sale and purchase of commercial or industrial property, leasing, licensing, subdivisions and property development. In the dynamic property market, individuals and businesses need to be able to access comprehensive legal services, often within tight time frames. Our Property team is known for its quick grasp of our clients’ commercial objectives, as well as the legal and commercial issues associated with the property market.
CONVEYANCING LAWYERS IN KENYA
Supporting Global Property Owners and Investors Since 2005
Property ownership and transactions today are more complex than the traditional model.
Due to the fast growing real estate industry in Kenya and in the global market, investors require tailor-made legal structures to suit their transactions. We are extremely knowledgeable in structuring property ownership and conveyancing deals. we draw on our experience and creativity to develop custom structures for each transaction including shareholder arrangements and joint ventures.
CONVEYANCING LAWYERS IN KENYA
We act for a growing number of Businesses and Corporate Clients. At WTT Lichuma Advocates, we assist in virtually all aspects to satisfy our clients’ legal requirements, including:
- Property Acquisition,Conveyancing and Sale of Commercial ,Retail and Rural Properties
- Leasing of Commercial and Industrial Real Estate as well as Retail Properties for Large and Small Scale Shopping Centres
- Planning ,Development and All Scheme Compliance including for Master Planned Developments , Tour Resort Development
- Project Structuring Including Development Agreements, Joint Ventures and Property Syndication
- Planning and Environmental Advice and Appeals
- Building and Construction Contract Advise and Documentation and Dispute Resolution
- Infrastructure Agreements
- Commercial Advise Including Advice on All Types of Contracts and Agreements
- Resumption Advice and Compensation Recovery
- Valuation Appeals
- Easements and Other User Rights
- Body Corporates and Community Management Advice Including Scheme and Documentation Compliance
- Community Titles ,Schemes Documentation and Establishment.
Continuously developing our understanding of your business and your industry
WTT Lichuma Advocates’ experience includes acting for clients in the following industries
- Sale and purchase of aged care facilities
- sale and purchase of Agricultural land
- planning and planning objections
- body corporate, owners corporations, strata title, establishment, rules, advice and dispute resolution
- commercial, corporate, and industrial leasing
- compulsory acquisition
- boundary realignment
- adverse possession
- property conveyancing and litigation
- franchising advise
Conveyancing Law FAQ’s Answered
Conveyancing is the legal process of transferring property ownership from one person to another. This process includes drafting and reviewing contracts, conducting property searches, and ensuring the legal transfer of the property.
The main parties involved are:
- The seller
- The buyer
- Conveyancing lawyers for both the seller and the buyer
- Financial institutions, if there is a mortgage involved
- Government agencies for registration and compliance
The typical steps include:
- Offer and acceptance: The buyer makes an offer, and the seller accepts it.
- Due Diligence: Conducting searches to ensure the property has no encumbrances.
- Drafting the Sale Agreement: Lawyers draft and review the sale agreement.
- Payment of Deposit: Buyer pays a deposit as agreed in the sale agreement.
- Transfer of Ownership: Transfer documents are prepared, signed, and lodged with the relevant authorities.
- Payment of Stamp Duty: Buyer pays stamp duty.
- Registration: The transfer is registered, and the buyer receives the title deed.
Searches typically include:
- Title search to confirm ownership and any encumbrances
- Land rates and rent clearance certificates
- Zoning and planning regulations
- Environmental compliance
A conveyancing lawyer assists in drafting and reviewing the sale agreement, conducting due diligence, preparing and lodging transfer documents, and ensuring that the entire process complies with the law.
The process can take between 30 to 90 days, depending on various factors such as the complexity of the transaction, promptness in documentation, and clearance of any encumbrances.
Costs may include:
- Legal fees (usually a percentage of the property value)
- Stamp duty (ranging from 2% to 4% of the property value)
- Registration fees
- Search fees
- Land rates and rent clearance
Stamp Duty is a tax levied on legal documents involved in the transfer of property. It is typically calculated as a percentage of the property’s value:
- 4% for properties in municipalities
- 2% for properties outside municipalities
Yes, foreigners can buy property in Kenya, but there are restrictions on owning agricultural land unless one is a Kenyan citizen. Non-citizens can own leasehold property for up to 99 years.
Contact your conveyancing lawyer immediately. If the issue was not disclosed during the sale, you might have legal recourse against the seller or other parties involved.
Common pitfalls include:
- Not conducting thorough due diligence
- Rushing through the process without proper legal guidance
- Failing to verify the authenticity of property documents
- Ignoring zoning and planning regulations
Key documents include:
- Title deed or certificate of lease
- Sale agreement
- Transfer documents
- Consent to transfer from the land control board (for agricultural land)
- Clearance certificates (land rates and rent)
Conduct comprehensive searches through the Ministry of Lands and consult your conveyancing lawyer to review all documents and ensure there are no encumbrances such as unpaid rates, mortgages, or disputes.
The Sale Agreement outlines the terms and conditions of the sale, including the purchase price, payment terms, timelines, and responsibilities of both parties. It is a legally binding document that protects the interests of both the buyer and the seller.
While not mandatory, a real estate agent can help in identifying suitable properties, negotiating terms, and providing market insights. However, the legal aspects of conveyancing should always be handled by a qualified conveyancing lawyer.