Kenya Land Registration Act, 2012

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HomeBrud.gifKenyan LawBrud.gifActsBrud.gifKenya Land Registration Act, 2012

Act 3 of 2012

Commencement Date: 2012-05-02

An Act of Parliament to revise, consolidate and rationalize the registration of titles to land, to give effect to the principles and objects of devolved government in land registration, and for connected purposes

Part I - PRELIMINARY

  • Section 1: Short Title.
  • Section 2: Interpretation.
  • Section 3: Application.
  • Section 4: Limitation of Application.
  • Section 5: Conflict with Other Laws.

Part II - ORGANISATION AND ADMINISTRATION

Land Register, Land Registries and Offices

Maps, Parcels and Boundaries

  • Section 16: Power to Alter Boundary Lines and to Prepare New Editions.
  • Section 17: Approval for Further Surveys.
  • Section 18: Boundaries.
  • Section 19: Fixed Boundaries.
  • Section 20: Maintenance of Boundaries.
  • Section 21: Interference with Boundary Features.
  • Section 22: Combinations and Subdivisions.
  • Section 23: Reparcellation.

Effect of Registration

  • Section 24: Interest Conferred by Registration.
  • Section 25: Rights of a Proprietor.
  • Section 26: Certificate of Title to Be Held as Conclusive Evidence of Proprietorship
  • Section 27: Transfer Without Valuable Consideration.
  • Section 28: Overriding Interests.
  • Section 29: Actual Notice.

Certificates of Title, Certificates of Lease and Searches

  • Section 30: Certificate of Title and Certificate of Lease.
  • Section 31: Production of Certificate.
  • Section 32: Dispositions of Leases and Charges.
  • Section 33: Lost or Destroyed Certificates and Registers.
  • Section 34: Searches and Copies.
  • Section 35: Evidence.

Part III - DISPOSITION AFFECTING LAND

  • Section 36: Dispositions and Dealings Affecting Land.
  • 37: Transfers.
  • 38: Certificates of Payment of Rates.
  • 39: Certificates as to Payment of Rent.
  • 40: Transfer to Take Effect Immediately.
  • 41: Conditions Repugnant to Interest Transferred.
  • 42: Transfer of Part.
  • 43: Instruments of Dispositions.
  • 44: Executions of Instruments in Writing.
  • 45: Verification of Execution.
  • 46: Stamping.
  • 47: Minors.
  • 48: Agents and Persons Under Disability.
  • 49: Gift to Person Under Incapacity.
  • Dispositions Prejudicial to the Creditor
  • 50: Court Orders on Prejudicial Dispositions.
  • 51: Prejudicial Dispositions.
  • 52: Dispositions to Prejudice Creditors may Be Set Aside.
  • 53: Protection of Person Receiving Land.

Part IV - LEASES

  • 54: Registration of Leases.
  • 55: Lessor's Consent to Dealing with Leases.

Part V - CHARGES

  • 56: Form and Effect of Charges.
  • 57: Second and Subsequent Charge.
  • 58: Statutory Charge.
  • 59: Lender's Consent to Transfer.

Part VI - TRANSMISSIONS AND TRUSTS

  • 60: Transmission on Death of Joint Proprietor.
  • 61: Transmission on Death of a Sole Proprietor or Proprietor in Common.
  • 62: Effect of Transmission on Death.
  • 63: Transmission on Bankruptcy.
  • 64: Liquidation.
  • 65: Transmission in Other Cases.
  • 66: Trusts Not to Be Entered.
  • 67: Survivor of Trustees.

Part VII - RESTRAINTS ON DISPOSITION

  • Inhibitions
  • 68: Power of the Court to Inhibit Registered Dealings.
  • 69: Effect of Inhibition.
  • 70: Cancellation of Inhibition.
  • Cautions
  • 71: Lodging of Cautions.
  • 72: Notice and Effect of Caution.
  • 73: Withdrawal and Removal of Caution.
  • 74: Second Caution in Respect of the Same Matter.
  • 75: Wrongful Cautions.
  • Restrictions
  • 76: Restrictions.
  • 77: Notice and Effect of Restriction.
  • 78: Removal and Variation of Restrictions.

Part VIII - RECTIFICATION AND INDEMNITY

  • 79: Rectification by Registrar.
  • 80: Rectification by Order of Court.
  • 81: Right to Indemnity.
  • 82: Amount of Indemnity.
  • 83: Procedure for Claiming Indemnity.
  • 84: Recovery of Indemnity Paid.
  • 85: Errors in Survey.
  • 86: Review of the Decision of the Registrar.
  • 87: Meaning of 'opportunity of Being Heard'.
  • 88: Prescribed Fees.
  • 89: Recovery of Fees and Expenses.
  • 90: Summary Recovery.

Part IX - CO-TENANCY AND PARTITION

  • 91: Meaning and Incidents of Co-tenancies.
  • 92: Certificate of Ownership of Co-tenants.
  • 93: Co-ownership and Other Relationships Between Spouses.
  • 94: Partition.
  • 95: Ancillary Powers of Registrar in Connection with Partition.
  • 96: Sale of Co-owned Land.
  • 97: Partition Subject to Lender's Consent.

Part X - CREATION OF EASEMENTS AND ANALOGOUS RIGHT

  • Section 98: Creation of Easement.
  • Section 99: Cancellation and Extinguishment of Easements and Analogous Rights.
  • Section 100: Enjoyment of Easement and Analogous Rights.

Part XI - MISCELLANEOUS

  • Section 101: Jurisdiction of Court.
  • Section 102: Fees.
  • Section 103: Offences.

Part XII - SAVINGS AND TRANSITION

  • Section 104: Saving Registers Under Repealed Laws.
  • Section 105: Transiting Title Documents.
  • Section 106: Transitional Provisions on Rights, Liabilities and Remedies of Parties over Land.
  • Section 107: Savings and Transitional Provisions with Respect to Rights, Actions, Dispositions.
  • Section 108: Saving and Transitional Provisions with Respect to Rules, Orders E.t.c.

Part XIII - MISCELLANEUOS PROVISIONS

  • Section 109: Repeals.
  • Section 110: Regulations.

Schedules

  • SCHEDULE