Unlocking the Secrets of Title Deeds: A Comprehensive Guide by Amara Realty

In the realm of real estate investment, the mention of title deeds often sparks curiosity and concern. It’s the revered document that validates ownership of property, be it land or a house. In Kenya, the significance of a title deed cannot be overstated, as it serves as the cornerstone of property transactions. At Amara Realty, we understand the importance of demystifying this vital document for our esteemed clients. Join us as we delve into the depths of title deeds, unraveling their intricacies and empowering you with knowledge.

Types of Title Deeds

To embark on this journey, let’s first shed light on the various types of title deeds one may encounter:

1. Leasehold Title Deeds: These grants ownership rights for a specified period, typically not exceeding 99 years.
2. Freehold Title Deeds: Unlike leasehold, freehold grants perpetual ownership of the property and the land it sits on.

Main Parts of a Title Deed

A title deed, often depicted as a white booklet adorned with a seal and signature, comprises four main sections:

1. First Page: Displays crucial information such as title number, land size estimate, owner’s details, and a brief description of the land.
2. Second Page: Provides further insights into property details and proprietorship, including parcel number and owner’s signature.
3. Third Page: Delves into the land’s history and records, highlighting any encumbrances such as court cases or mortgages.
4. Fourth Page: Resembles the first page and records the title deed number and document code.

Differentiating Genuine from Fake Title Deeds

Distinguishing between a genuine and fake title deed requires scrutiny. While visual inspection alone may not suffice, ensuring the presence of all four pages is a good start. For added assurance, conducting a title deed search at the Land Registry is recommended.

Title Deed Search Process Via the (Athi Sasa Portal)

Embarking on a title deed search involves a systematic approach:

1. Create an e-Citizen Account: Register on the e-Citizen platform, a prerequisite for accessing government services.
2. Navigate to Land Search Option: Select the Ministry of Land and Physical Planning section on the platform.
3. Insert Title Number: Input the title number of the property under scrutiny.
4. Complete Form and Submit: Fill out the online land search form and proceed to submit it.
5. Make Payment and Print Results: Obtain a printed copy of the payment receipt that you present at the registry together with the necessary documents required.

Title Deed Ownership and Transfer

Understanding the process of transferring title deeds is pivotal:

1. Obtain Necessary Documents: Gather essential documents such as property valuation reports, approval for property transfer, and identification certificates.
2. Complete Transfer Process: Navigate through steps including land rate clearance, property valuation, stamp duty payment, and submission of transfer documents.
3. Await Confirmation: Upon submission, await notification regarding the readiness of your title deed for collection.

Foreign Ownership of Land in Kenya

The prospect of owning land in Kenya is not limited to citizens alone:

1. Legal Framework: Following constitutional amendments, foreigners can now own real estate in Kenya, albeit with certain restrictions.
2. Ownership Mechanisms: Foreigners can acquire land either as individuals, through trusts, or by establishing corporate entities.

Securing Loans Using Title Deeds

Title deeds can serve as valuable collateral for securing loans, enabling property owners to access financing for various purposes.

Protecting Against Title Deed Frauds

Vigilance is paramount in safeguarding against title deed frauds:

1. Title Deed Caveats: Place notices on title deeds to prevent unauthorized transactions.
2. Document Security: Store title deeds securely to prevent unauthorized access.
3. Exercise Caution: Read documents thoroughly before signing, and report any discrepancies promptly.

At Amara Realty, we prioritize transparency and integrity in all our dealings. With a commitment to delivering title deeds within 60 days, we offer peace of mind to our clients, ensuring a seamless property ownership experience. Join us today and embark on your journey to property ownership with confidence.

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