Real Property is defined as land and any property attached to it directly. The same entails the right of use, control and disposition of the land and its attached objects. Buildings, ponds, canals, roads and machinery fall under real property.
In this article however, I will be categorical and will be focusing on two real properties; House and Land.
Pride of ownership and investment is among the key reasons why people yearn to own properties. Also real estate moves in cycles, in that sometimes it’s up, and at times down, but even with this, real estate is consistently appreciating.
The importance that comes with this investment requires one to have a clear understanding of the nitty gritty’s that comes with attainment process.
Searching for your dream home comes with different considerations than any other real estate purchase. Since you will likely be aiming to stay in the property for the foreseeable future, you will want to look for a property that will keep you happy and safe for the long term.
The same applies to land. When purchasing a piece of land, you must be keen on all the procedures. You must adhere to each and every step, in order to avoid pitfalls.
In Kenya, acquisition of property is a significant legal procedure. The process involves rules and regulations. Everyone aspiring to purchase a property is advised to abide by all laws guiding real estate transactions to avoid pitfalls.
Proeprty acquisition in the country is guided by 7 significant steps. Each and every step is significant and should be adhered to from the onset to the closing of deal. These include;
Budget and Financing
Buying a proeprty is a long term financial commitment and it is advisable to set yourself a benchmark on the budget that you can afford. Are you planning to buy as a cash purchase or as a mortgage? The sale price will vary when it is purely a cash buy out as you can get a discounted price. Mortgage price is normally more as it is payable through a bank on a finished home. This is spread over a particular period of time.
Finding a suitable real estate agent,
It is advisable to look for a registered and reputable agent that specializes in buying or selling of proeprties to help you find and evaluate a potential home.
Though it might seem a little obvious; it is important to not make a purchase for a porpetry without visiting it first. This is because you may end up not liking it or perhaps the neighborhood will not be a good fit for you, yet it will be too late to change anything
This includes a property valuation carried out on behalf of the lender to assess the monetary value of the house and to provide general comments on the condition of the property.
Valuation also enables you know the market value on a long-term, because you may want to sell the property one day. It also involves a proeprty-buyer survey which is a more detailed valuation carried out on behalf of the porpetry buyer to assess the condition of the proeprty including evaluating any issues that may affect the price of the property.
Once you find a property that meets your criteria, it is important to engage a duly registered and practicing property lawyer to handle the legalities of the transaction and for due diligence purposes.
A lawyer can help you through the buying process by preparing or reviewing the purchase contract, advising you about financing and title insurance, answering your legal and tax questions and arranging for the documents necessary to complete the purchase.
Once the bank has approved your mortgage, your lawyer will prepare the offer. A purchase offer should include; your name, name of the seller, address of the property, price, deposit paid and the closing date. Majority of sale agreements in the country do have a maximum of 90 days.
A lawyer will comfortably seal a deal if he is certain with a title search of the property and the title deed.
It is worthwhile noting, there are expenses involved besides the purchasing price. The main cost is stamp duty; this goes to the government and accounts for 4% of the purchase price. Another important thing to remember is that the seller is responsible for all the agent’s fees. This is especially important for buyers to know because some sellers tend to draft the agreement in such a way that the buyer also pays the seller’s agent and lawyer fees.
You also need to consider survey and valuation fees, appraisal fees, lender fees, mortgage insurance fees, title insurance premiums and transfer taxes and land registry fees. Again, your lawyer should help you navigate this and tell you what to expect in closing costs and which are tax deductible.
Therefore your purchase budget is the sum of your mortgage and deposit minus the sum total of the extra costs. As such, you should take this into account when determining the transaction’s financial feasibility to you.
Once all the necessary paperwork is through and the closing is done; You can move into your new proeprty.
Acquisition process of land is more or less same as above. The process involves a number of steps. All these steps are paramount and should be followed to the latter.
The first step is finding land on sale. You must look for a property on offer. Land on sale makes other steps flow easily.
The second step is to identify the existence of the land. Once you are certain about the land, go further to inquire about it. How do you identify the land? Through Survey Maps. Maps will enable you discover factors such as; the size and shape of the Land, the location on rights of ways, dimensions and distances to the boundary of houses,fences,utilities and any features of importance. The same will permit you discover the description of pegs that have been placed to mark the limits of the land. In short, a Survey map will enable you protect your property rights. A land buyer can attain these maps at survey of Kenya offices.
The third step is to request for a copy of the title deed. A copy of the title will assist you ascertain the legitimate ownership of the land. This you can achieve through carrying out a search. Carrying out a search is critical at discoursing status of the title; this is whether it is encumbered, if the title was used to guarantee a loan, caution and also if ownership is disputed.
The fourth step is drafting a sale agreement, the agreement should include price, terms of payment and pin of the land owner.
The final step and which is very important is acquisition of the title deed, this is attained after a payment of 10% deposit of the land price. Title deed launch takes 90 days and is done at the land registry offices. It is important to involve a qualified conveyance lawyer in the entire process.
Purchasing a dream property is one of those life accomplishments that top nearly everyone’s bucket list. Most of us hope to find a property that feels like it was made specifically for us. This is not a pipe dream, it is attainable just ensure you follow every procedure carefully.