Conveyancing Simplified: What Lawyers Do in a Land Sale
Buying or selling land is exciting and risky if you skip the legal steps. Conveyancing is the legal process that moves property ownership from seller to buyer. A good conveyancing lawyer protects you from title problems, hidden charges, and costly delays. This guide breaks down the essentials so you can follow the process with confidence.
What is conveyancing?
Conveyancing is the legal transfer of property ownership. In Kenya this typically includes a title search, drafting and checking sale documents, paying stamp duty and land registry fees, and registering the transfer at the Lands Registry. Conveyancers (property lawyers) coordinate the whole process so the transfer is legally clean and binding.
Core duties of a conveyancing lawyer
Below are the high-impact tasks your lawyer will handle during a land sale:
1. Conduct thorough due diligence (title search & encumbrance checks)
Before you sign anything, the lawyer searches the Land Registry (often via eCitizen or directly) to confirm the seller is the registered owner and to reveal encumbrances (mortgages, caveats, disputes). This is the single most important risk-control step.
2. Draft and review the sale agreement
The lawyer prepares or reviews the sale agreement (or letter of offer), ensuring key terms such as price, deposit, payment schedule, completion date, warranties, and remedies for breaches are clear and enforceable. They also negotiate amendments that protect your interests.
3. Coordinate valuations, surveys and clearances
A conveyancer arranges or verifies surveys (to confirm boundaries), coordinates valuations if needed (for stamp duty assessment), and obtains required clearances like rates clearance or consent from other parties.
4. Calculate and handle taxes & fees (stamp duty, registration costs)
Lawyers advise on stamp duty and other transaction taxes, prepare the stamped documents, and ensure the correct fees are paid at the Lands Registry. Typical lawyer fees and statutory charges vary; legal fees often range within a negotiated band (commonly around 1–3% of value, depending on complexity). Always request a clear fee estimate in writing.
5. Lodge transfer documents & register ownership
The final legal step is lodging the transfer documents at the relevant Lands Registry (booking, payment of registration fees, follow-up until the new title is issued). Lawyers manage paperwork, track progress, and collect the new title on your behalf. Typical conveyancing timelines can range from a few weeks to several months depending on documentation and registry backlog.
Why use a conveyancing lawyer? (quick checklist)
- Prevent buying land with hidden charges or disputes.
- Avoid defects in the sale agreement (ambiguous clauses that create future disputes).
- Ensure taxes and fees are correctly calculated and paid.
- Get professional liaison with surveyors, valuers, county officials and the Lands Registry.
Practical tips before you instruct a lawyer
- Ask for a written fee estimate (what’s included: searches, drafting, registry costs).
- Verify the lawyer’s conveyancing experience and request references or sample transfer timelines.
- Provide complete seller documents up front: title deed, ID, KRA PIN, rates clearance, and any succession or consent papers.
- Don’t skip a physical site visit or survey. Registry records don’t replace on-the-ground checks.
Final word
Conveyancing isn’t just paperwork, it’s risk management. Engaging a skilled conveyancing lawyer is the best single investment you can make to protect the value of your land purchase or sale. If you’d like, Thuo Gitau Lands Investments can connect you with vetted conveyancing partners who specialize in efficient, transparent title transfers and buyer protection.
