Your Guide to Secure Ownership: Understanding Title Deeds & Sectional Titles in Kenya

Buying property in Kenya is a major milestone. When you invest with a reputable developer like Kings Developers Limited (KDL), understanding how ownership is legally secured—especially in the era of sectional titles—is essential. This article clarifies what a title deed or sectional title represents, what documents matter at each stage of the process, and how to verify them responsibly.

What Exactly Is a Title or Sectional Title in Kenya?

In Kenya’s property system, ownership is confirmed through a formal registration process managed by the Land Registry under the Land Registration Act (2012) and, for apartments, the Sectional Properties Act (2020).

Understanding the three main ownership instruments:

1. Freehold Title (Certificate of Title)

Applies mostly to land and stand-alone homes owned in perpetuity by Kenyan citizens. No expiry and no ground rent.

2. Leasehold Title (Certificate of Lease)

Common in urban areas, including many developments. Ownership is for a fixed term (often 99 years), with the government retaining reversionary interest.

3. Sectional Title (Sectional Unit Title)

This is the modern form of ownership for apartment units, duplexes, maisonettes within gated communities, and office suites.

Here:

• Each unit has its own registered title

• Buyers also acquire a proportional share in the common areas

• Ownership is created after completion of the development and registration of the Sectional Plan

In apartment projects, you do not receive a title deed at the point of purchase.

Instead, you receive a Letter of Offer, then a Sale Agreement, and the Sectional Title is registered and issued only after the building is complete and survey/registration steps are finalized.

Kings Developers’ Commitment to Secure, Law-Aligned Ownership

Kings Developers engages licensed surveyors, legal practitioners, and compliance teams to ensure ownership processes are managed correctly from inception.

We handle:

• Proper project approvals

• Survey instructions

• Preparation for sectional plan registration

• Coordination of transfer documents at completion

This ensures that once the project is completed, purchasers transition smoothly into obtaining their individual sectional titles. While KDL facilitates this process professionally, we always encourage independent legal verification to strengthen transparency and client confidence.

Step-by-Step: How to Verify Your Ownership Documentation in Kenya

Whether buying from Kings Developers or another developer, the process below is the safest and most transparent path to secure ownership.

1. Engage a Qualified Kenyan Lawyer (Mandatory)

Your advocate will:

• Review and negotiate the Sale Agreement

• Verify project approvals

• Conduct official title searches

• Confirm that the land, the developer, and the project adhere to legal requirements

• Ensure payments follow secure, lawful procedures

• Advise on boundaries, documentation, and registration timelines

Independent legal representation is the strongest safeguard for any property buyer.

2. Perform an Official Land Search

This search confirms:

• Ownership of the mother/parcels of land

• Encumbrances (charges, cautions, restrictions)

• Tenure (freehold/leasehold)

• Plot details and registry records

Searches are conducted via:

• eCitizen (Ministry of Lands services)

• Ardhisasa (for digitised areas, including Nairobi)

Any inconsistencies must be resolved before signing the Sale Agreement.

3. Review All Key Documents Provided by the Developer

These may include:

• Mother title deed or lease

• Approved architectural plans

• Approved structural plans

• Survey plans/mutation documents

• County approvals

• Land rent/l rates clearance (where applicable)

• KDL corporate documents (CR12, incorporation certificate, PIN)

Your lawyer should validate each document directly against registry and county records.

4. Inspect the Property Physically (or Virtually for Diaspora Buyers)

Ensure the physical ground correlates with the documents:

• Location and access roads

• Beacon placement (for land-based developments)

• Alignment with approved plans

• No unknown occupation or encumbrances on-site

Diaspora buyers may arrange a video walk-through or commission a licensed surveyor.

5. Understand Applicable Taxes & Fees

Your lawyer will guide these:

• Stamp Duty: 4% (urban) or 2% (rural)

• Legal Fees

• Registration fees (modest, per Ministry guidelines)

These fees apply after completion, when transfer and registration of the sectional titles begin.

6. Sale Agreement + Transfer Process for Apartments

For apartment purchases:

1. You receive and execute a Sale Agreement

2. You pay through the structured payment plan in your agreement

3. The project is completed, inspected, and compliant certificates issued

4. The Sectional Plan is prepared, submitted, and registered

5. Your Sectional Title is created and transferred in your name

6. You receive your registered sectional title upon completion of all legal steps

This process is governed strictly by the Sectional Properties Act.

Key Tips for a Secure Ownership Process

1. Verify With Official Sources

Always cross-check registry details against official Ministry of Lands systems.

2. Beware of Scam Documentation

Fraudulent titles and fake approvals exist. Independent legal due diligence is the strongest shield.

3. Use Secure Payment Channels

Follow the payment instructions in your Sale Agreement. Avoid unrecorded cash payments.

4. Consider Lodging a Caution (Where Applicable)

Your lawyer may register a caution on your behalf for additional security during the transfer process.

5. Insist on the Sale Agreement as You Await the Sectional Title

Until the building is complete and transfers are being processed, your Sale Agreement is the binding document that secures your unit.

6. For Diaspora Buyers

Use a trusted advocate and grant a Power of Attorney where needed.

Take advantage of digital search tools and coordinate closely with the developer.

7. Stay in Communication With KDL

Our legal and titles office supports your lawyer with all necessary documents and clarifications.

A Letter of Offer, a Sale Agreement, and a Sectional Title: Your Foundation for Confident Ownership

A Letter of Offer, a properly executed Sale Agreement, and eventually, your Sectional Title are the core documents securing your investment in a Kings Developers property. Understanding how each stage works—verification, searches, approvals, registration—ensures your ownership is both transparent and legally sound.

Kings Developers remains committed to professional compliance, transparent processes, and assisting buyers through every step of acquisition and registration.