How to Subdivide Land: A Comprehensive Guide for Landowners and Beneficiaries

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Subdividing land can be a complex process, whether you’re a landowner looking to sell portions of your property, a beneficiary seeking your share of inherited land, or simply interested in the subdivision process. This guide provides a clear, step-by-step breakdown of how to legally and efficiently subdivide land, ensuring compliance with local regulations and avoiding common pitfalls. By following these steps, you can navigate the process with confidence and achieve your goals.

  1. Consult a Legal Advocate

    Begin by consulting a qualified legal advocate who specializes in land transactions. They will guide you through the process and connect you with necessary professionals, such as physical planners and surveyors. Avoid unlicensed or unscrupulous service providers to prevent legal complications.

  2. Conduct an Official Land Search

    Visit the land registry to conduct an official search. This step confirms the land’s ownership and checks for any encumbrances or caveats. A clean title is essential before proceeding with the subdivision process.

  3. Obtain a Registry Index Map

    Request a registry index map (RIM) from the land registry. This map provides a geographical overview of the land’s location. Present the RIM to a licensed surveyor, who will use it to identify the land and conduct a physical survey.

  4. Prepare a Subdivision Scheme

    The surveyor will prepare a subdivision scheme, detailing how the land will be divided. For example, if you have a two-acre plot and want to divide it into quarter-acre parcels, the scheme will outline this division. Ensure the scheme aligns with your goals.

  5. Submit the Scheme for Approval

    Present the subdivision scheme to a qualified physical planner for review. If approved, the planner will issue a Physical Planning Act Form 1 (PPA Form 1), confirming the scheme’s compliance with planning regulations.

  6. Obtain County Approval

    Submit the approved scheme and PPA Form 1 to the county office. The county will review the documents and, if satisfied, issue a Physical Planning Act Form 2 (PPA Form 2). This step ensures the subdivision aligns with local development regulations.

  7. Present to the Local Control Board

    Submit all documents, including the PPA forms and official search results, to the local land office. You will then present your case to the Local Control Board (LCB), explaining your subdivision plans. Obtain their consent to proceed.

  8. Complete the Mutation Process

    Fill out a mutation form in triplicate, detailing the subdivision of the land. Submit the form to the county land registrar, who will cancel the original title and issue new titles for the subdivided parcels.

  9. Update Survey Maps

    The land registrar will forward a certified mutation form to the Survey of Kenya. This ensures that official maps are updated to reflect the new subdivision. Once completed, you will receive the new titles for the subdivided parcels.

Time Estimate: Approximately 3-6 months, depending on the complexity of the subdivision and local government processing times.

Requirements

Legal advocate services
Official land search documents
Registry index map (RIM)
Licensed surveyor services
Subdivision scheme
Physical Planning Act Forms (PPA Form 1 and PPA Form 2)
Mutation form
Local Control Board (LCB) consent