ngapat wrote:I just got a good land offer touching tarmac in my county in a very promising area. Its one acre going for i 2.5M and i was thinking of buying it, subdividing and selling in 50*100 plots.
What are the procedures and legal requirements for land subdivision.
Any help help will be highly appreciated.
Hi Ngapat. I was researching this the other day. Here is my two-cents on what i gathered; feel free to leverage it but cautiously. I would still advise you seek formal proffessional advise.
Step-By-Step Outline of the Sub-Division Process
1) Before you subdivide any land, you must get the consent to do so from the Land Control Board.
2) Once the consent is granted, the surveyor prepares the development plan on paper. The plots and access roads are earmarked and drawn to scale.
3) Once the planning on paper is complete, the rest is to be done on the ground i.e. placing the beacons.
a. Of course there are requirements that guide surveying including the width of the access road, minimum sizes and others.
b. Ideally, the proprietor is supposed to be present when the beacons are being put on the ground.
4) Once the beacons are in place, a mutation form is filled in triplicate. The contents of the form are as below:
a. Title number (mother title) and approximate area. (page 1)
b. Registered proprietor instructions to the surveyor on how they wish the land to be surveyed. (page 1).
c. Sketch or development plan which ideally should be filled by the proprietor (page 2)
d. Field diagram and observation on site with measurements to scale. This is normally filled by a licensed surveyor.
5) Once the mutation is filled and the proprietor has signed the 3 copies, they are presented to the district surveyor whose role is to approve the subdivision and allocate Land Reference numbers (new numbers to the new plots).
a. The numbers are normally allocated serially based on a particular block of land.
b. So the District Surveyor (DS) will just check from their records the last number issued for that particular block and allocate the new plots the numbers that follow.
6) The District Surveyor (DS) then forwards a copy of the mutation to the Registrar confirming that the survey work has been carried out and therefore the Registrar can issue title deeds based on the LR Numbers already allocated by the DS.
a. The DS also forwards a copy of mutation to survey of Kenya for purposes of amending the RIM (Registry Index Map).
7) Once the registrar receives the mutation, they open a green card for each of the new titles, issue a title for each of the new plots and then file the green-cards in the respective binders.
8) The Proprietor then receives the new titles.
Generally the entire process takes 4 – 6 weeks.