Frequently Asked Questions in Conveyancing

Real Estate and Conveyancing

Buying or selling property is one of the most significant financial transactions many people will ever undertake. However, the process—known as conveyancing—can often feel complex and overwhelming. At HKM Associates, Advocates, we simplify the process by guiding clients every step of the way. Below are some of the most frequently asked questions in conveyancing to help you understand what to expect.

What is conveyancing?

Conveyancing is the legal process of transferring ownership of land or property from a seller to a buyer. It involves due diligence, preparation and signing of documents, payment of taxes and fees, and registration of the new ownership with the relevant land registry.

Why do I need a lawyer for conveyancing?

Property transactions carry legal and financial risks. An advocate ensures that the title is clean, free from disputes or encumbrances, and that the sale agreement protects your interests. A lawyer also handles statutory filings, confirms compliance with the law, and ensures a smooth transfer of ownership.

What due diligence is carried out before buying property?

Before you commit to purchase, it is important to verify:

  • Authenticity of the title deed at the Lands Registry

  • Whether there are encumbrances such as charges, cautions, or restrictions

  • Land rent and land rates clearance

  • Compliance with zoning and planning regulations

  • Seller’s legal capacity and spousal/board consents where necessary

What documents are required in a property transaction?

Typical documents include:

  • Copy of the title deed

  • Sale agreement

  • KRA PIN certificates of both parties

  • Identification documents (ID or passport)

  • Land Control Board consent (for agricultural land)

  • Land rates and rent clearance certificates

  • Completion documents such as transfer forms, spousal consents, and discharge of charge (if applicable)

What taxes and fees are payable in conveyancing?

Property transactions in Kenya attract:

  • Stamp Duty – usually 2% to 4% of property value depending on location

  • Capital Gains Tax (CGT) – 5% of the gain, payable by the seller

  • Legal Fees – guided by the Advocates Remuneration Order

  • Registration Fees – payable to the Lands Registry

How long does conveyancing take?

The average timeline is 60–90 days, depending on the completeness of documents, speed of consent approvals, and the efficiency of the Lands Registry. Complex cases may take longer.

What is Land Control Board (LCB) Consent and when is it required?

LCB Consent is mandatory for the transfer of agricultural land. It is approval granted by the local Land Control Board authorizing the transaction. Without it, the sale is legally void.

What happens if the property has an encumbrance (e.g., bank charge)?

The seller must clear the encumbrance before transferring the property. Buyers should avoid paying the full purchase price until a discharge of charge is registered and a clean title is assured.

Can foreigners own land in Kenya?

Under the Constitution of Kenya (2010), foreigners cannot own freehold land but may hold leasehold titles for up to 99 years. They can, however, own apartments (units) under the sectional property law.

What are common risks in conveyancing?

  • Fraudulent or forged title deeds

  • Double allocation of land

  • Hidden encumbrances or disputes

  • Failure to obtain required consents

  • Understating property values to evade taxes (illegal and risky)

What should I do before paying a deposit?

Always ensure:

  1. Due diligence is complete

  2. A proper sale agreement has been signed

  3. Ownership and seller’s capacity are verified

  4. Deposit is paid into the advocate’s client account for security

Final Thoughts

Conveyancing is more than paperwork—it is about protecting your investment and ensuring that property ownership is legally sound. At HKM Associates, Advocates, we pride ourselves on offering clear, professional, and reliable guidance in every property transaction.

If you are buying, selling, or transferring property, contact us today and let our experienced team walk with you through the process.