A buyer is posted abroad for three years and wants to purchase a house in Nairobi before returning. A seller’s parent, who owns the family land, can no longer travel to sign. In both situations the transaction proceeds through a power of attorney, an instrument that allows one person to act for another, and its … Read more
The buyer’s advocate has asked the seller to bring his wife to sign a consent form, and the seller is offended, the land is registered in his name alone. Under Kenyan law, that consent may be exactly what protects the transaction from a later challenge. When is spousal consent required for a transfer? Where the … Read more
The transfer has been signed, the seller is pressing for lodgement, and the documents cannot be registered until stamp duty is assessed and paid. Stamp duty is a frequent point of delay, and of avoidable expense, in Kenyan property transactions. What is stamp duty and when is it payable? Stamp duty is a tax on … Read more
You have agreed a price for an apartment in Kilimani or a plot on the outskirts of Nairobi, and the seller is asking when you can sign. Before any money changes hands, it helps to understand the sequence of steps that carries a transaction from offer to a title registered in your name. What is … Read more
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