Tuesday, January 14, 2025

The Legal aspects involved in the Process of Land Mutation

 

1.0 Introduction 

A land mutation is a common term in land investment discussion. The term simply means the method of changing title deed ownership from one individual to another. Whether you are purchasing land from a developer, gifting someone, or inheriting a property, the mutation is inevitable.


2.0 Importance of mutation

This process has various benefits. They include; 

It makes it easy for the government to charge property taxes

Assists in rectifying errors in land records

The mutation certificate is useful when selling land

Just like a title deed, it can act as a proof of owning land

It also serves as genuine proof for land transfer from one person to another

3.0 Types of property mutation

There are 2 main types of;

  • Mutation for agricultural land – this is mutation meant for land for farming
  • Mutation for no agricultural land – this is mutation for land used for flats, independent houses, residential plots, commercial plots among others


4.0 Applicability of Land Mutation 

There are various circumstances when mutation is necessary. They include

4.1 When purchasing a property

The land purchase process also involves having a mutation and you are not able to transfer a property without having a mutation form.

 4.2 During inheritance

Inheritance is the process of transferring a property from an owner who has died to the heir

 4.3 Gift Deed

A gift deed is a legal requirement that is used by a person who wishes to gift his land property to someone.


5.0  The process of Land Mutation

There are various steps involve during the mutation process

5.1 Submission of the application

This is where the landowners fill in the mutation form in the revenue office. You will fill in your details, address, date, and the kind of land transfer you wish to make.

5.2 Payment

Mutations costs vary from one local government to another. You can check the cost that needs to be paid depending on your area

5.3 Attach key documents

There are a number of documents that you require during the mutation process. They include; a tax receipt, copy of the title deed, indemnity bond, an affidavit, and a death certificate if it is inheritance.

5.4 Processing of the request

This is where the officers check the documents and verifies the property.  If he is certain with all details they will issue you with a mutation certificate.

 

6.0 Difference between land mutation and Registration processes

In simple terms, registration is the legal transfer of a title deed from the seller to the buyer. The mutation is what comes after the entire process of land registration.


7.0 The process of Cancellation of mutation of land

You may cancel the mutation of a property in your area as need be. The easiest step is to fill in a form for the same.

No comments:

The process of purchasing property in Kenya (Conveyancing process)

Introduction:   The process of purchasing property in Kenya, known as conveyancing, is a complex legal undertaking that requires the experti...