Land is one of the
most sought after asset in Kenya today – largely because of the fact that its
value appreciates very fast.
Many people are today
investing in purchasing land – be it for real estate development (for those in
urban areas) or for agricultural purposes, mostly in rural areas.
If you are an investor
looking to put your money into real estate development or agriculture, you need
to be aware of how land is classified – based on the current laws – especially after
the promulgation of the 2010 constitution.
The 2010 constitution accelerated
efforts to instil reforms in the land sector in the country, leading to the
introduction of a number of new laws governing the sector for among others
administration, use as well as management of land in Kenya.
Parliament has since
enacted four main Acts that are directly related to land issues in the country.
The four acts you need
to be conversant with – as an investor in the land sector include;
-
Land Act 2012
-
Land Registration Act
2012
-
National Land
Commission Act 2012
-
Community Land 2016
It will be wise to
find time and know what those acts say about land management and use.
Another key thing you
need to know is how land is classified in Kenya. This will you ensure you don’t
end up purchasing a piece of land and do developments on them that will later
be demolished – because they are not allowed on that parcel.
Under the 2010 Kenyan Constitution,
land is classified into three categories;
Public land
This is land reserved
for public use or environmental protection. It is administered and managed by
National Land Commission (NLC) on behalf of the people of Kenya.
Also Read: Why You Will Need To Register Your Land Title Deed Afresh
Community land
It is land held by
communities on basis of ethnicity, culture or similar community interest.
This category of land is
administered under the Community Land Act No. 27 of 2016. Any unregistered land
that is community land is held in trust by the county governments for the
community.
Private land
This
type of land is one held by natural or legal persons.
The
Ministry of Lands is tasked with the registration of any interest in private
land that is also classified into two land tenure system:
o Freehold land tenure system which gives the
holder absolute ownership of the land for life.
A
freehold title deed generally has no restrictions as to the use and occupation
of the land. However, are some conditional freeholds which may restrict the use
of land for agricultural there uses only.
o Leasehold land tenure system which is the
interest in land for a specific period subject to payment of land rent to the
government and land rates to the county governments. Once a lease expires, the
land reverts to the owner or the leaseholder can apply for a renewal or
extension of the lease.
Private
land is what is available for you to purchase and develop. Always be sure to
confirm who owns the land you’re about to purchase by doing a search on its
title deed, which can be done online.
Baoriat Agencies is committed to helping you find the best place for you to settle in Eldoret town. We walk you through the entire process of acquiring your own property in Eldoret until it has been transferred into your hands.
To learn more about buying a property in Eldoret,
Call 0721-554937
WhatsApp https://wa.me/0721-554937
Email evekibet@gmail.com or
Visit us at Juma Hajee Building room number 16, Eldoret town
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