Conveyancing is the process of transferring of ownership of real property. Real property, refers to land and any permanent structures. In Kenya law, conveyancing involves transfer of ownership of real property from one person to another, or the granting of an impediment such as a mortgage or a lien.
We strive to ensure that the transfer of real property is swift and on time. Our conveyancing practice affords innovative and efficient ways to evade land disputes.
The main stages of a typical conveyancing transaction include:
Pre-contract stage
Involves the seller finding a solicitor who will then prepare the pre-contract with relevant supporting documents. The buyer’s solicitor reviews the documents, carries out searches and provides queries (requisitions) if need be. If the threshold is met the two parties get into ‘Exchange of contracts’ signifying a binding contract has been met.Post-contract stage
This stage is less tedious. The buyer raises additional requisitions with the seller, generally to resolve procedural enquiries while buyer’s solicitor sends the draft containing purchase deed to the seller’s solicitor. Once the seller’s solicitor approves the deed a copy is made and signed by both parties.
The seller’s solicitor confirms with the seller the precise amount of money required to release his property. To seal the contract it can be done in person or by post, whereby the money is transmitted to the seller’s solicitor and the deeds are submitted to the buyer’s solicitor.
Post-completion stage
The seller’s solicitor releases the seller’s mortgage and provides a receipt to the buyer’s solicitor. The buyer’s solicitor pays any stamp duty land tax due on the property. The buyer’s solicitor must apply to the Land Registry for the title to be registered.
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