Land Terms You Should Know.

Here are some common land ownership and real estate terms that can be useful in understanding property transactions:

1. Title Deed

  • The official document proving ownership of a piece of land or property. It outlines the owner’s rights and any restrictions on the property.

2. Leasehold

  • A type of property ownership where the owner has rights to the land for a specific period (usually 33, 50, 99, or 999 years). After the lease period, ownership typically reverts to the government or original landowner unless renewed.

3. Freehold

  • Permanent and absolute ownership of land, including the right to use, transfer, or lease the property indefinitely. Freehold land typically does not have time limitations on ownership.

4. Survey

  • The process of measuring land to establish its boundaries, area, and features. Surveys are often required for land sales and are usually documented with a survey plan or map.

5. Green Card

  • In Kenya, a green card is a document kept at the land registry that records details of land ownership, transactions, and any encumbrances, like mortgages, against the land.

6. Encumbrance

  • A claim or liability on the land, such as a mortgage, lien, or easement, that may affect the value or transferability of the property.

7. Land Rates

  • Taxes imposed by the local government on land based on its size, location, and use. Failure to pay land rates can result in penalties or legal action.

8. Land Rent

  • An annual fee paid to the government by leasehold property owners. This is often separate from land rates and must be paid to retain legal rights over the property.

9. Transfer of Ownership

  • The legal process of transferring property rights from one person to another. It involves updating the title deed to reflect the new owner.

10. Subdivision

  • The division of a large piece of land into smaller plots. Each plot is assigned a unique number and can be sold or transferred separately.

11. Mutation Form

  • A document used to apply for the subdivision, amalgamation, or change of boundaries of a piece of land. This form is essential in the land subdivision process.

12. Amalgamation

  • The process of merging two or more adjacent land parcels into one. This usually requires approval from the local land authorities.

13. Easement

  • A legal right to use part of someone else’s land for a specific purpose, like access to a road or utility lines.

14. Adverse Possession

  • A legal principle where someone can claim ownership of land if they have occupied it openly and continuously for a certain period, usually without the permission of the original owner.

15. Caveat

  • A legal notice placed on a land title to warn potential buyers or creditors that there is an existing claim or dispute concerning the property.

16. Stamp Duty

  • A tax paid during the transfer of land ownership. It’s calculated as a percentage of the property’s value and is paid to the government.

17. Zoning

  • Local government regulations that dictate how land in certain areas can be used (e.g., residential, commercial, agricultural).

18. Right of Way

  • The legal right to pass through a specific area of someone else’s land, usually for access purposes.

19. Valuation

  • The process of determining the current market value of a piece of land. Valuations are often done by professional valuers and are important in setting sales prices or tax assessments.

20. Land Registrar

  • A government official responsible for maintaining land records, overseeing transactions, and issuing title deeds.

These terms are essential in understanding the legal and financial aspects of land transactions. They provide a foundation for anyone involved in buying, selling, or managing property.

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