Contents of a Land Sale Agreement

August 28, 2025 by

Collins Mutegi Njagi

Contents of a Land Sale Agreement

A Land Sale Agreement is a legally binding contract that outlines the agreed terms between a buyer and seller before the transfer of land takes place. It safeguards the interests of both parties and ensures compliance with Kenyan land laws.

Here's a summary of the key elements every valid Sale Agreement should include:

1. Parties Involved

Names, ID numbers, and KRA PINs of both buyer and seller.
Physical addresses and contact information.

2. Property Details

Title number, location, and size (in acres, hectares, or square meters)
Description of boundaries or beacons.
Reference to a deed plan or survey map, if available.

3. Price & Payment Terms

Agreed purchase price (in words and figures).
Payment structure – deposit, balance, and deadlines.
Mode of payment or account details.

4. Sale Conditions

Responsibility for legal costs, stamp duty, and land rates.
Timelines for possession and title transfer.
Penalties for late payments or breach.

5. Party Obligations

Seller: Provide original title, clear outstanding land rates, and sign transfer documents.
Buyer: Pay the agreed amount and file documents for registration.

6. Dispute Resolution

Disputes to be settled through negotiation, mediation, or court.

Kenyan courts have legal authority.

7. Witnesses

Each party signs in the presence of at least one witness.

Witness must provide name, ID number, and contact details.

8. Signatures

Signatures of buyer and seller, with date.
Advocate’s attestation is strongly recommended.

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Why is Land Survey important?

Land survey is the process of measuring and mapping land to determine its boundaries, size, and features. It is important because it confirms legal ownership, prevents boundary disputes, and ensures accuracy in construction or land development.

When should I get a land survey?

Buying or selling land
Subdividing land
Resolving disputes
Building a home or fence
Applying for a loan against title deed

How much does land survey cost?

The cost depends on several factors such as size of land, location, terrain, type of survey (boundary, topographical, subdivision), and legal requirements. In Kenya, survey fees may also include government levies, registration fees, and stamp duty.

What documents do I need before a survey?

You will typically need: -

Copy of title deed or allotment letter
Land Registry map (RIM)
National ID and KRA Pin
Consent from Land Control Board (for rural property)

How long does survey take?

A basic boundary survey can take a few days, while subdivision and registration processes may take several weeks depending on approvals from lands offices.

Can survey help with land dispute?

Yes, a survey provides official measurements and maps that can be used as evidence in resolving disputes with neighbours in court.

Will I get my documents after the survey?

Yes, depending on the type of survey. For subdivisions, you will receive new mutation forms and updated title deeds. For boundary surveys, you will get a survey plan/map confirming your parcel details.

What is a cadastral survey?

A cadastral survey is a survey that establishes and records property boundaries in relation to the legal land register. It produces official maps and records used for issuing title deeds.

Do land surveys expire?

No, a survey itself does not expire. However, if land is subdivided, amalgamated, or new developments occur, a fresh survey may be required to reflect their changes.

Can I use old survey maps for new developments?

It’s not advisable. Old maps may be outdated due to changes in land laws, infrastructure, or subdivisions. Always request a current survey to avoid boundary or legal issues.

I have a title deed, is a survey really necessary?

Yes. A title deed shows ownership, but a survey confirms the exact location, size, and boundaries of the land. Many disputes occur because titles are not verified with proper surveys.

How do I know if my land has been surveyed?

Existence of survey beacons on the ground.
A survey plan/map from the Ministry of Lands or Survey of Kenya.
A registered survey number linked to your title deed.

What is the difference between freehold and leasehold land?

Freehold land: The owner holds it indefinitely; surveys establish boundaries for title deed registration.
Leasehold land: Ownership is for a set period (e.g., 99 years); surveys are required for allocation, renewal, or subdivision.

What is the difference between a land surveyor and a land valuer?

A land surveyor measures, maps, and defines land boundaries.
A valuer estimates the market value of land or property.

Both services are often needed in land transactions

Can I survey only a portion of my land?

Yes. If you want to subdivide or sell part of your land, a surveyor can measure and map only the portion in question, subject to Land Control Board approval.

What happens if Title Deed is different from actual land size?

Discrepancies can occur due to errors in older maps or encroachment. The surveyor will prepare a report, and you may need to apply for rectification at the Land Registry.

What is amalgamation?

Amalgamation is combining two or more land parcels into a single larger parcel.