NEW TITLE DEED SYSTEM IN KENYA

 NEW TITLE DEED SYSTEM IN KENYA 

The new title deed system in Kenya, established by the Land Registration Act of 2012, modernizes land ownership by replacing various old documents with a unified, secure, and digital framework.

Here is a summary of the key differences between the old and new systems:

Old Title Deeds

· Official Name: Title Deed

· Legal Framework: Various repealed acts (e.g., Registered Land Act)

· Security Features: Basic, vulnerable to forgery

· Identification: Relied on plot numbers; difficult to track

· Verification: Manual process at land offices

New Title Deeds

· Official Name: Certificate of Title / Certificate of Lease

· Legal Framework: Land Registration Act, 2012 (unified)

· Security Features: Watermarks, serial & cadastral numbers, QR codes

· Identification: Unique serial number, linked to digital maps

· Verification: Instant digital verification via Ardhisasa platform

📜 Types of New Title Deeds

Under the new system, land ownership is standardized into three main types:

· Certificate of Title (Freehold): Grants permanent ownership with the most control over the land.

· Certificate of Lease (Leasehold): Grants rights to the land for a fixed term, typically 99 years for urban plots, and is renewable.

· Sectional Title: For owning a specific unit (like an apartment) within a larger building, along with a share of common areas.

Important for foreign buyers: The Kenyan Constitution restricts non-citizens to leasehold ownership with a maximum term of 99 years.

🔍 How to Verify and Convert Titles

· Verifying a Title's Authenticity: Always verify a title deed before a transaction. You can do this online via the government's Ardhisasa platform for a fee of approximately Ksh 500. A manual search at the relevant County Lands Office is also possible.

· Converting an Old Title Deed: If you have an old-format title, you will eventually need to convert it to the new system. This government-led process is free of charge.

  1. The government announces conversion for an area via a Kenya Gazette notice.

  2. Landowners apply by submitting the original old title and ID documents, usually through an advocate.

  3. After verification, the old title is surrendered, and a new Certificate of Title/Lease is issued.

📝 Key Processes and Timelines

· Acquiring a Title After Purchase: The transfer process involves obtaining clearances, paying stamp duty, and submitting documents to the Lands Registry. With no complications, it typically takes between 6 weeks and 90 days to receive a new title after buying land.

· Replacing a Lost Title: If you lose your title deed, you must:

  1. Report the loss to the police.

  2. Swear an affidavit.

  3. Apply for replacement at the Lands Registry, which involves a 60-day public notice period in the Kenya Gazette before a new provisional certificate is issued.

💡 Key Recommendations

1. Verify Before You Buy: Never rely on a physical document alone. Use the Ardhisasa portal or conduct an official land search to confirm ownership and check for any encumbrances.

2. Professional Help is Key: The processes can be complex. Using a qualified property lawyer is highly recommended to ensure due diligence, correct documentation, and to navigate any legal issues.

3. Check for Gazette Notices: If you have an old title, stay informed by checking for official Gazette Notices regarding title conversion in your area.

4. Old Titles Are Still Valid (For Now): Pre-2012 title deeds remain legally valid and transferable. However, conversion to the new system will be necessary for future transactions as the reform rolls out nationwide.

Follow: James Ploti

Tel: +254708459336