Archives April 2018

Who can lodge a caveat or caution on land?

Any person who is claiming a contractual or other right over land amounting to a defined interest capable of creation by a registrable instrument, e.g. a lease, may lodge a caution with the Registrar against any dealing which is inconsistent with his interest. Entry of a transaction, with respect to such land, may not then…

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How do you place or remove a land caveat or caution?

WHAT IS A CAVEAT? The word Caveat means warning or proviso (something said as a warning, caution, or qualification). The lodging of a caveat over a property is a way telling anyone who wants to deal with the property to be aware of the fact that someone else’s interest already has priority. WHAT IS A…

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Land Literacy: What is a Deed Plan?

A Deed Plan is a signed plan by the Director of Surveys showing the precise particulars of a surveyed piece of land. It shows the details such as the shape of the plot, the distances and bearings all-round the plot, scale of plotting, Deed plan number, land reference number, size of the plot in hectares,…

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Do you know the types of land tenure systems in Kenya?

Most people seeking land for development end up with unsuitable ones for the projects they had in mind simply because they did not understand the various categories of land and the tenure system applied in Kenya. Understanding types of land ownership is of paramount importance especially when it comes to purchasing land. Land tenure is…

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Why land is the most emotive subject in Kenya after ethnic politics

Illegal allocation of public land in Kenya is one of the most pronounced manifestations of corruption – Ndung’u Report Land is not only the most important factor of production but also a very emotive issue in Kenya. 80% of our population relies on agriculture, yet only 20% of the land mass comprises arable land. Those in…

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Land Literacy – Land holding by non-citizens

(1) A person who is not a citizen may hold land on the basis of leasehold tenure only, and any such lease, however granted, shall not exceed ninety-nine years. (2) If a provision of any agreement, deed, conveyance or document of whatever nature purports to confer on a person who is not a citizen an…

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Land Literacy – What is Private Land?

Private land consists of — (a) registered land held by any person under any freehold tenure; (b) land held by any person under leasehold tenure; and (c) any other land declared private land under an Act of Parliament.  

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Land Literacy – What is Community Land

(1) Community land shall vest in and be held by communities identified on the basis of ethnicity, culture or similar community of interest. (2) Community land consists of– (a) land lawfully registered in the name of group representatives under the provisions of any law; (b) land lawfully transferred to a specific community by any process…

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Land Literacy – What is Public Land?

(1) Public land is– (a) land which at the effective date was unalienated government land as defined by an Act of Parliament in force at the effective date; (b) land lawfully held, used or occupied by any State organ, except any such land that is occupied by the State organ as lessee under a private…

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How to tell the difference between freehold and leasehold land

Apart from tourism, Kenya relies mainly on agriculture for both foreign exchange and domestic use. Due to rapid population increase, agricultural land is rapidly being converted to plots for residential, industrial or commercial use. Most people seeking plots, however, end up with unsuitable ones for the projects they had in mind simply because they do…

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How to become a Land Valuer and Estate Management Surveyor

A Valuation and Estate Management Surveyor is a person who deals with a special discipline of economics associated with preparing and reporting asset valuations and also managing landed assets. The person so qualified must have undergone mandatory and rigorous tests of education, training, competence, demonstrate skills, exhibit and maintain a code of high ethical conduct…

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Step-by-step how to perform land transactions online in Kenya

The Ministry of Lands and Physical Planning has started the first phase of processing land transactions online that is meant to inject transparency and efficiency in the ministry. There will now be no manual and paper-based land transactions process in Nairobi and Central registries with other regions expected to follow soon. Landowners will now be…

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When do you require a land surveyor?

Requirements for you to carry out a land survey 1. Approval from the registered owner or legitimate authority 2. Approval from the Land Control Board (Agriculture), local authority (leased land) or commission of lands (land leased from the government)  3. Surveyor should have sufficient survey information – maps duly approved by director of survey and…

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25 Land terminologies every adult must know

Acre: A unit of measuring the size of a plot. The two mostly used area units in Kenya are acre and hectare. 1 acre = 0.4 hectares Apartments: Synonymous to a flat but more elegantly constructed and refers to a suite of units on one floor (Basically an up-market flat) Beacon: These are marks showing…

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How to acquire a title deed through inheritance/succession

SUCCESSION PROCEDURE Many people in Kenya do not have titles due to difficulties expected in the land succession processes. Processing land succession can be an expensive, inaccessible and complicated procedure. The steps required in the succession process are explained below. Inheritance Procedure: Inheritance of land is one of the most common ways through one can…

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How to use land as loan security (charging land)

Charging land In formal dealings where land is used as collateral, there is a set system and procedure to follow to qualify for a loan. The first step is to approach a financial institution to verify its requirements and payment mode. Most institutions will require proof of land ownership for the land to be charged…

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How to tell a genuine title deed from a fake

Many Kenyans continue to be conned of their hard earned cash by brokers and impostors with the promise that the title to be transferred is genuine and authentic. However, many fall for the trap of buying properties that do not exist. The information below will help you to conduct due diligence on a property title…

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10 foolproof steps of land transfer in Kenya

Step 1: Search at Ministry of Lands Do search with Ministry of Lands at district or county HQ; this will reveal > the true land owners and the presence of brokers, > If the title has been charged of has a caveat e.g title used to secure a loan, or a court a court order…

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Tips on how to build your dream home without costing you an arm and a leg

Like many Kenyans, Ms Caroline Waithera’s ultimate dream was owning a home. After buying a piece of land in Ruai, Nairobi County, last year, she discovered that the Sh3 million she had saved to build her dream home was insufficient. “I wanted a three-bedroom master en suite house,” she says. “I had put aside Sh3…

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