What is a Land Allotment Letter in Kenya?
What is a Land Allotment Letter in Kenya?
A land allotment letter is a document issued by the government of Kenya that grants an individual or entity the right to use a specific piece of land for a particular purpose. The letter is issued to individuals or entities who have applied for land allocation through the relevant government agency.
The letter outlines the terms and conditions of the land allocation, including the size of the land, the purpose for which it can be used, and any restrictions or conditions that apply.
The land allotment letter is an important document that serves as proof of ownership or use of the land. It is important to note that the land allotment letter is not the same as a title deed, which is the legal document that proves ownership of land in Kenya.
The land allotment letter is issued before the title deed is processed and can be used as proof of ownership until the title deed is issued.
In Kenya, all land belongs to the government, which then leases it out to individuals and entities. Before one can be issued a title deed, the government must first allot or set aside the land for your interest through an allotment letter.
The land allotment letter is issued by the Ministry of Lands and Physical Planning in Kenya. The process of obtaining a land allotment letter involves submitting an application to the Ministry and providing all the necessary documentation, including proof of identity, proof of income, and proof of the purpose for which the land will be used.
The Ministry will then review the application and issue the land allotment letter if the application is approved.
It is important to conduct due diligence before applying for a land allotment letter in Kenya. This involves conducting a search at the relevant land registry to ensure that the land is available for use, registered, and suitable for the purpose for which it is being applied.
It is also important to check the outstanding land rent and land rates on the land to avoid any legal issues in the future.
It is also important to conduct due diligence before applying for a land allotment letter to avoid any legal issues in the future.
How Land Allotment Letters Work
The process starts when one identifies a piece of land they are interested in purchasing. You then make an application to the relevant government body in charge of that land, either the National or County government depending on the location.
The application should contain details of the land, including the number, location, size, and intended use. If approved, the government will issue an allotment letter showing you have been allocated the land.
This letter will contain a reference number for the allotment and details of the land. It serves as legal proof that the government has set aside the land for your ownership pending issuance of a title deed.
In most cases, one is required to start the process of acquiring a title deed within 6 months of being issued with an allotment letter. This includes conducting a survey, paying stamp duty, obtaining approvals, and registering the title.
Checking the Validity of an Allotment Letter
Before purchasing land using an allotment letter, it is crucial to check its validity and authenticity. This helps avoid fraudsters who may issue fake allotment letters.
Some tips for confirming validity include:
- Checking the reference number of the letter on the official government online portals
- Visiting the lands office to verify the letter
- Conducting a search of the land records at the lands registry
- Checking whether the land has any encumbrances or disputes
- Confirming the owner’s ID matches the name on the letter
- Checking the letter for official stamps and signatures
- You can also engage the services of a lawyer to review the letter before making any payment.
Rights Conferred by a Land Allotment Letter
An allotment letter gives you certain rights over the land as you await issuance of a title deed. Some of these rights include:
- The right to take possession of the land
- The right to use the land as specified e.g. farming
- The right to rent out the land
- The right to transfer the allotment letter to someone else through a sale
- The right to use the letter as collateral for obtaining a loan
However, you cannot fully transfer or sell the land using just an allotment letter. The title deed has to be issued first.
Limitations of a Land Allotment Letter
Despite conferring some rights, a land allotment letter has some drawbacks you should be aware of. These include:
- Risk of double allocation – unscrupulous officials may allot the same land to multiple buyers
- No full ownership until the title deed is issued
- Time-bound – Failure to acquire title within the specified period may lead to revocation
- Limited rights compared to a title deed – For instance, you cannot subdivide or construct permanent structures
- Risk of political interference – Officials may revoke allotment letters illegally
For these reasons, it is advisable not to make huge investments on the land until the title deed is obtained.
Conclusion
A land allotment letter is an important document that signifies the government’s intent to allocate a piece of land to you.
However, it should be considered an interim document before acquiring full ownership rights via a title deed. It is advisable to exercise caution by conducting due diligence before relying on an allotment letter for any land transactions.
