Allotment Letters are issued in respect of Land by the Government or Local Authority to an applicant subject to a formal written acceptance of the conditions given and the payment of the Charges.
The Land (Allocation of Public Land) Regulations, 2017 provide for the procedure of issuance of allotment Letters in respect to allocated Land. The National Land Commission oversees the allocation of the plots to individuals and prepares Lease documents on behalf of the National and County Government which is subsequently forwarded to the Land Registrar for registration and issuance of the Certificate of Lease to the allottee.
Acquisition of Title after allocation of Land can be a long and tedious process. Below we provide steps to be followed while processing a Title from an Allotment:
- Acceptance of the Offer
Write a Letter to the National Land Commission accepting the Offer and the conditions of the allotment. Thereafter make payment of the Statutory Fees required in the Letter of allotment and get a receipt for your payment. Ensure your Plot file has been opened by the Land Office and that you have noted the number issued.Contact a registered Land Surveyor and provide the surveyor with a copy of the Letter of allotment together with the attached map, special conditions and receipt and instruct the surveyor to undertake a survey of the plot. Thereafter, you will be required to sign a beacon certificate.
- Surveying the Land
Get the details of the number and size of your plot from the Licensed Surveyor. Once that is done, obtain an authentic Registry Index Map (RIM) and other Survey details. Forward the survey information to the National Land Commission for preparation of the Lease documents. - Preparation of Lease documents
The National Land Commission will undertake recording and storing survey details in catalogue, and they shall reconfirm the allocation status of the Land. Once the same has been completed, the production of the Lease document will be undertaken. The Lease document will be signed by an authorized officer on behalf of the government. - Clearance of Payments
An assessment and payment of Stamp duty at 4% or 2% (whichever is applicable) shall be remitted to Kenya Revenue Authority. The Land Rent and Land Rates Clearance Certificates will then be issued. - Forwarding and Registration of the Lease
The Lease will then be forwarded to the Ministry of Lands for registration by the Land Registrar. A re-confirmation of the Ground Status by the Land administrator will be carried out. The Lease is then booked for registration and fees for registration paid. Once registration is completed, the Certificate of Lease is issued together with a copy of the Lease document.
Should you wish to process a Title from an allotment, note to seek legal advice on the steps and engage the relevant persons in undertaking the said process.
Should you require any assistance, please do note hesitate to contact info@hmsadvocates.com
Managing Partner