Process Of Buying Land In Kenya Pdf

  • Listed below are forms for all the land registration processes.
  • In all the steps, one is advised to engage a lawyer.
  • Where an applicant needs to register a change and no form exists to cover the matter, use LRA Form 86 to make the statutory declaration.
land registration processes for a Buy/sell freehold land
 

 

 

  Process Office to engage  New form to use
1 Buyer get seller's copy of title deed    
2 Conduct an official land search at district/county land offices to confirm ownership County/district land registrars LRA 84
2.1 Results will be issued by a registrar using the form   LRA 85
3 Obtain survey map using title deed number at the survey of Kenya office to indicate property location National/county survey of Kenya offices  
4 Visit the property to confirm its existence and carry out due diligence    
5 Get land rates payment clearance  National government  
6 Draft sale agreement using a lawyer    
  If its matrimonial land, seller's spouse must sign an agreement to give consent    
7 If the land has encumbrance rights ie loan charge, leased, access/ease of way rights, the parties with this rights have to give transfer consent using the form    LRA 34
8 If the land title is registered under two parties with equal undivided share eg spouses, also fill form 35 to give transfer consent   LRA 35
9 Seek consent to transfer land if the title is indicated freehold ie agricultural land Land Control Board Land Control Act CAP 302 Form 1
10 Take consent form to the registrar National/County land registry  
11 Submit forms to land registrar plus a copy of title & consent fee Sh1000 receipt for stamp duty valuation National/County land registry Self declaration -1 form under Stamp Duty Act
12 Registrar submits documents to govt valuer for stamp duty fee valuation National/County land registry  
13 Buyer pays stamp duty fees at KRA i-tax website ( stamp duty is 4% of the value of land in an urban area; 2% of the value of land in a rural area) KRA Self declaration -1 form under Stamp Duty Act
14 The buyer fills an application form for land registration plus original title, stamp duty receipt, sale agreement, certified copies of KRA pin & National ID   LRA 9
15 Fill application for a certificate of title form   LRA 19
16 Submit all to the land registrar    
17 Land registrar will use form 2 to register the land   LRA 2
18 Land registrar will issue a booking number    
19 Takes average 45 days to get the title deed    
20 Format/look for freehold land certificate    LRA20
 

 

land registration processes for a Buy/sell leasehold land
 

 

 

  Process Office to engage  New form to use
1 Buyer get seller's copy of title deed    
2 Conduct an official land search at district/county land offices to confirm ownership County/district land registrars LRA 84
2.1 Results will be issued by a registrar using the form   LRA 85
3 Obtain survey map using title deed number at the survey of Kenya office to indicate property location National/county survey of Kenya offices  
4 Visit the property to confirm its existence and carry out due diligence    
5 Get land rates payment clearance  National government  
6 Get land rent payment clearance  County government  
7 Draft sale agreement using a lawyer    
  If its matrimonial land, seller's spouse must sign an agreement to give consent    
8 If the land has encumbrance rights ie loan charge, leased, access/ease of way rights, the parties with this rights have to give transfer consent using the form    LRA 34
9 If the land title is registered under two parties with equal undivided share eg spouses, also fill form 35 to give transfer consent   LRA 35
10 Seek transfer approval from the National Lands Commission using the form   LRA 33
11 Take consent form to the registrar National/County land registry  
12 Submit forms to land registrar plus a copy of title & consent fee Sh1000 receipt for stamp duty valuation National/County land registry Self declaration -1 form under Stamp Duty Act
13 Registrar submits documents to govt valuer for stamp duty fee valuation National/County land registry  
14 Buyer pays stamp duty fees at KRA i-tax website ( stamp duty is 4% of the value of land in an urban area; 2% of the value of land in a rural area) KRA Self declaration -1 form under Stamp Duty Act
15 The buyer fills an application form for land registration plus original title, stamp duty receipt, sale agreement, certified copies of KRA pin & National ID   LRA 9
16 Fill application for a certificate of title form   LRA 19
17 Land registrar will use form 3 to register the land   LRA 3
18 Land registrar will issue a booking number    
19 Takes average 45 days to get the title deed    
20 Format/look for leasehold land certificate    LRA 21
 

 

land registration processes for a Charges application
 

 

 

An individual can use land as collateral to loan or mortgage. To do this,  legal interest must be granted to the lender/institution.
There are two types of charges;
1) Formal charge: Charge issued to an institution on a formal loan
2) Informal charge: Charge issued to an agreement entered by word of mouth
  Process Office to engage  New form to use
Formal Charge
1 Approach a bank and agree to use the land title  as loan collateral    
2 Submit the copy of title deed to the bank for an official land search to be conducted    
3 Loan borrower carries out a valuation with any of the valuers recommended by the bank  Bank's recommended valuer  
4 Valuer submits the valuation of the land documents to the bank Bank's recommended valuer  
5 Borrower fills the form to authorize the bank to charge it as loan collateral Lawyer LRA 53
6 Seek consent to charge land if the title is indicated freehold ie agricultural land Land Control Board Land Control Act CAP 302 Form 1
7 If consent issued, the bank submits all necessary documents to govt land registrar for registration    
Informal charge
1 Borrower fills the form to authorize the bank to charge it as loan collateral Lawyer LRA 54
2 Seek consent to charge land if the title is indicated freehold ie agricultural land Land Control Board Land Control Act CAP 302 Form 1
3 If consent issued, the lender submits all necessary documents to govt land registrar for registration    
Second or subsequent change
This applies to instances where the borrower tops up the loan amount
1 Borrower agrees with the bank on the increment amount and all necessary terms and conditions    
2 Bank and the borrower fills form 55 to make the amendments   LRA 55
3 Bank submits the forms to the land registrar    
Variation of charge
This is done should changes be made in the loan agreement details eg interest rate changes, loan repayment period change, etc 
1 Bank notifies the loan borrower    
2 Bank and the borrower fills form LRA 56 to make the amendments   LRA 56
3 Bank submits the forms to the land registrar    
Transfer charge
Instances where the borrower has identified a buyer willing to buy out the loan ie transfer the loan to him/her
1 Borrower approaches the bank and requests to transfer it to the new interested party    
2 Bank issues the two parties with LRA form 57 to fill which acts as an affidavit confirming the transaction agreement   LRA 57
3 Bank submits the forms to the land registrar    
Discharge a charge
This applies when the loan has been fully repaid and cleared
1 The bank issues the loan borrower a release letter    
2 The borrower fills form 58 which is the discharge request form   LRA 58
3 Bank submits it to the land registrar    
Partial discharge
It is issued in instances such as where one had used two land title deeds as loan security then the borrower develops one of the land pieces and thus its current value rises to become sufficient to cover the loan on its own. In this case, the borrower can apply for the release of the other title deed
1 Engage the bank    
2 Loan borrower carries out a valuation with any of the valuers recommended by the bank     
3 Valuer submits the valuation of the land documents to the bank    
4 Loan borrower applies of the title deed release (partial charge) to the registrar through the bank using form   LRA 59
Bank purchases  the repossessed land due to loan default by  borrower
This can only be done with the orders of the court
1 Bank seeks court approval allowing the reposessing of the land Lawyer  
2 Bank also seeks approval from court to transfer the land title name to that of the bank. Lawyer  
3 Bank and land owner (loan defaulter) lawyers fill form LRA 60 for the name swap Lawyer LRA 60
4 Bank lawyer submits the forms and the other documents indicated at the back of the form to the land registrar    
Purchase of land by public auction
This happens when the bank repossess  the  defaulter's land and aims to auction it to recover the money
1 Bank seeks court order to allow it to auction the property/land    
2 Bank indentify's an auctioneer as required by law    
3 Land property goes through the auction process
PS: the land cannot be sold for less than 75% of its value
   
4 Auctioneer declares buyer    
5 Auctioneer and bank fill form 61 requesting registrar to transfer the land title name to that of the buyer   LRA 61
6 Bank submits the forms to the registrar    
 

 

land registration processes for a Community land registration
 

 

 

This is land owned and managed by a registered community. The following processes are required to register land as community land
  Process Office to engage  New form to use
Recognition of a community
1 Organize themselves as a community who have interests in a particular piece of land    
2 Apply to community land registrar expressing interest in a particular land using the form   CLA 1
  a) Forms should be submitted in duplicate with the second copy to be retained by the community.
b) Should be signed by at least 15 members of the said community
c) Should be accompanied with the prescribed fees
   
3 Submit all documents to the registrar    
4 Registrar issues a notice inviting all community members for a public meeting to elect the COMMUNITY LAND MANAGEMENT team    
5 Notice is gazetted in the Kenya Gazette and published in at least two daily newspapers     
6 Notice is delivered to the national and county govt. administrators informing them of the exercise and their required attendance    
7 Registrar presides over the election exercise. Between 7 -15 members of the committee are to be chosen    
8 Cabinet Secretary trains the newly elected committee    
Filing a vacant management committee position
1 The whole community assembles to elect the replacement    
2 At least 3 members of the management committee fill the notice of change of community committee composition form within 28 days   CLA 2
3 Attach certified copies of the meeting's appointment minutes     
4 Registrar will adopt the amendments in the register    
Registration of the community
1 Community land management committee applies to the registrar to be registered as a community using the form   CLA 3
2 Accompany application with ;
Name of community, registered members, certified copies of minutes which resolved to seek the application, rules, and regulations of the community, description of the land being claimed + sketch map
   
3 Registrar registers and issues certificate of registration in the name of the community using the form   CLA 4
4 Registrar officially opens the communities register and registers them using the form   CLA 5
Registration of community land
1 All county governments are required to submit to the CS inventory/list of all unregistered community land using the form   CLA 6
2 After, CS will declare that the government is recognizing rights to the identified community land.
This is an opportunity for communities to apply for land registration
   
3 This will be gazetted and the registration process also known as adjudication program will begin     
4 CS will issue a notice of intention to commence with demarcation, survey, and registration of community land using the form   CLA 7
5 To claim their land, community land management committee will apply using the following form and present it in person at the registrars' office   CLA 8
6 The registrar will issue a response after 30 days    
7 The adjudication team who include government adjudicator, surveyors, lawyers, etc shall demarcate and survey the land and exclude the public and private land    
8 Format/look for community land certificate   CLA 4
Claiming customary land rights and occupancy
This is land used by a community for customary rights such as grazing areas, circumcision areas, shrines, etc
1 Community land management committee will seek approval from the community members    
2 Community land management committee fills application to claim the customary use of land using the form   CLA 9
3 Submit all documents to the registrar    
4 If approved the adjudication team will survey and demarcate the claimed land    
5 The management committee will convene a community meeting to seek approval for issuance of a certificate of customary use and occupancy    
6 Committee will issue the certificate of customary land using the form;   CLA 10
7 The certificate shall be forwarded to the registrar for filing in the community's land register    
Community land disputes 
Ideally, whenever there are land disputes, they are supposed to be resolved using alternative dispute resolution methods such as mediation and arbitration.
If this is not successful, the complainants
1 Fills form    CLA 11
2 Submits to the land adjudication officer at the county land office County land office  
3 Officer records it in the dispute register using the form   CLA12
4 The file is submitted to the Cabinet Secretary's desk    
5 CS is required to form an ad-hoc committee to hear the case which is made up of:
-Deputy county commissioners
-2 county gvt officials from the area
-Govt. surveyor
-Land adjudication officer
-2 representatives from the communities with the land dispute
   
 

 

land registration processes for a Inhibition
 

 

 

This is a restraining order issued by the court blocking any dealings from being carried out with the land for a stipulated period until the ruling has been made
  Process Office to engage  New form to use
1 Fill the inhibition order form once the court ruling has been made.   LRA  66
2 Provide evidence of the court order and the property mentioned    
3 Registrar affects the order    
 

 

land registration processes for a Joint Interest/tenants
 

 

 

This is joint partners who own the piece of land and not necessarily in equal share. They do not automatically inherit the land if one individual passes on. They can transfer their share to each other but not sell to a third party.
  Process Office to engage  New form to use
Land transfer
1 Follow the land buying/selling process from step 1-6    
2 Fill either of the transfer concent forms 7 or 8 that applies in your case    
8 Fill the joint transfer consent form    LRA 36
9 Follow the land buying/selling process from step 9-20    
Land Subdivision
1 Follow the land subdivision process from step 1-5    
6 Fill the application for severance of joint ownership form   LRA 37
7 Submit all to the registrar accompanied by title deed, colored passport photos, IDs and KRA pin number    
Removing the name of a joint tenant
This applies when the tenant dies and is how the next of keen is introduced as the inheritor
1 The alive tenant notifies the registered by filling the removal of the name of the deceased joint proprietor from the register form   LRA 38
2 Attach the death certificate    
3 Registrar will initiate the succession process     
4 If no will exists, the succession process outlined above begins to appoint an administrator from step 1-6    
7 Once the court grants the letters of administration to a successor, they fill form 39 to be registered in the file as the official admin.   LRA 39
  Attach a certified copy of the court grant    
8 In case any other person who was not included as an administrator but was listed as a beneficiary in the court order and wishes to have their names also included in the register, they fill the form    LRA 40
9 The register will notify the appointed administrator of from 40 user's interest using the form   LRA 41
10 Registration takes place as they have complied with the court's grant    
Transfer of interest by Administrator
The appointed estate administrator, either named in the will or after the  court succession process, can transfer the interest to other persons named as beneficiaries
1 The administrator fills form 42 and indicates their % share in the land   LRA 42
2 This will replace step 8 and 9 in the removal of the name of a joint tenant above    
4 Registration takes place as they have complied with the court's grant    
 Sale of land by Administrator
1 Follow the land buying/selling process steps 1-13    
14 The administrator fills transfer form   LRA 43
15 Attach a copy of grant letter, title deed, land rates clearance certificate if the land was leased    
16 Follow the land buying/selling process steps 14-20    
Registration of new administrator if existing one is declared bankrupt
If the court declares the existing administrator bankrupt, it is supposed to appoint a new one. 
1 Once appointed by the court, the new administrator has to apply to the registrar to have their name included as the administrator using the form    LRA 44
2 Attach a copy of court order    
3 Submit to the registrar    
Land transfer by a new administrator if existing is declared bankrupt
The new administrator can also transfer/sell land 
1 Once appointed by the court, follow the land buying/selling process steps 1-13    
14 Fill form 45 to transfer the land by the new administrator   LRA 45
  Attach a copy of court order    
15 Submit to registrar    
Registration of company liquidator 
If the court orders the winding up of a company so as to converts the business assets to cash to meet its debt obligations, a liquidator is appointed
1 The liquidator fills the form to have their name included as the property register administrator   LRA 46
  Attach a certified copy of the court order    
2 Fill the statutory declaration form that acts as an affidavit as is stated in schedule  6  under the Companies Act, 2015   LRA 47
3 Registrar effects it upon verification    
Transfer of interest/sale of property by liquidator
1 Follow the land buying/selling process from step 1-6    
2 fill forms in step 7 and 8 where applicable    
9 Seek consent to transfer land if the title is indicated freehold ie agricultural land Land Control Board Land Control Act CAP 302 Form 1
10  Fill transfer of land by liquidator form   LRA 48
11 Follow land buying/selling process from step 10-20    
 

 

land registration processes for a Land parcel combination
 

 

 

  Process Office to engage  New form to use
1 Engage a physical planner to prepare a proposal of how the combination will look like    
2 Submit the plan to the county government for approval    
3 If freehold land/agricultural, seek Land Controls Board approval to combine Land Control Board Land Control Act CAP 302 Form 1
4 Once approved, engage a surveyor to conduct mutation and produce a map using the form   LRA 27
5 Submit to the district/county govt. surveyor to approve and register the new plot    
6 Fill application for combination form   LRA 26
7 Submit all above documents to registrar accompanied by certificates of the two titles    
Reparcellation
This is the act of altering the boundary layout of two adjacent plots
1 Engage a physical planner to prepare a proposal of how the boundary change will look like    
2 Repeat step 2- 5 of land combination process above    
6 Fill application for combination form   LRA 26
7 Submit all above documents to registrar accompanied by certificates of the two titles    
 

 

land registration processes for a Land partitioning
 

 

 

This applies when two parties own land in equal undivided share such that when one party dies, the other inherits the land automatically eg husband and wife. 
  Process Office to engage  New form to use
1 Follow subdivision process steps 1-5    
6 If the land had been charged as loan collateral, seek the bank's consent using form. Should the bank decline, then partitioning application process won't go through.   LRA 32
7 Fill application for partition form   LRA 29
8 Submit all above documents to registrar accompanied by certificates of the title    
9 Registrar issues notice summoning the two parties to a hearing using the form   LRA 31
10 Both parties must appear and the registrar will make a ruling based on the hearing    
11 Registrar issues titles for the new piece of land    
Court ordered partitioning
This applies when the court has ordered the parties to partition the land. The order cannot be contested by the registrar
1 Follow subdivision process steps 1-5    
6 If the land had been charged as loan collateral, seek the bank's consent using form. Should the bank decline, then partitioning application process won't go through.   LRA 32
7 Fill application for court-ordered partition form   LRA 30
8 Submit all above documents to registrar accompanied by certificates of the title    
9 Registrar issues titles for the new pieces of land    
 

 

land registration processes for a Land subdivision
 

 

 

  Process Office to engage  New form to use
1 Consult a physical planner to prepare a subdivision scheme    
2 Seek county government consent  County government Physical Planning Act form PPA1
3 Seek consent to subdivide land if the title is indicated freehold ie agricultural land Land control board Land Control Board CAP302 - form 1
4 Commission a surveyor  to implement the approved subdivision scheme    
5 Surveyor fills the mutation form to indicate the geo-coordinates of all parcels of land   LRA 27
6 Surveyor submits the form to county/district government surveyor for approval Private surveyor and govt surveyor  
7 Submit the form to land registrar plus a copy of title & consent fee Sh1000 receipt for stamp duty valuation National/County land registry Self declaration -1 form under Stamp Duty Act
8 Registrar submits documents to govt valuer for stamp duty fee valuation    
9 Buyer pays stamp duty fees at KRA i-tax website ( stamp duty is 4% of the value of land - urban area; 2% of value of land - rural area KRA  
10 The buyer fills an application form for land registration plus original title, stamp duty receipt, sale agreement, certified copies of KRA pin & National ID   LRA 9
11 Submit all to the land registrar    
12 Land registrar will issue a booking number    
13 Takes average 45 days to get the title deed    
  Merging land parcels
1 Should you wish to merge land parcels fill form LRA 26 and attache docs indicate at the back of the form   LRA 26
2 Submit to registrar    
  Amendments in the subdivided land
1 Should you wish to make changes on your land eg include roads, fill form LRA 28 with docs indicate at the back of the form   LRA 28
2 Submit to the land register    
 

 

land registration processes for a Leases
 

 

 

This is an agreement that permits a tenant to use a piece of land owned by the landlord in exchange for rent.
There are two type of leases;
1) Short term: Less than 20 years
2) Long term: More than 21 years - one can get a title deed under this.
  Process Office to engage  New form to use
Short term leases: Do not require filling of any forms
       
Long term leases applications
1 Both parties engage a lawyer and fill form 62 and attach title together with documents indicated at the back of the form Lawyer LRA 62
2 Get land rates payment clearance  National government  
3 Get land rents payment clearance  County government  
4 Seek transfer approval from the National Lands Commission using the form   LRA 33
5 Lawyer takes the documents to the land registrar Land registrar  
6 Land registrar indicated it in the land registry file and is also included in the title documents    
Lease transfer
Applicable if you wish to transfer the lease to a third party
1 Engage your lawyer and fill lease transfer form   LRA 63
2 Get land rates payment clearance  National government  
3 Get land rents payment clearance  County government  
4 Seek approval from the National Lands Commission using the form   LRA 33
5 Lawyer submits to the land registrar    
Development leases 
These are leases granted by developers to buyers who have bought their property and the property sits on leasehold land or the property is an apartment. These leases are normally long term
1 Developer, through their lawyer, fills the long term lease form LRA 64 to get the long term lease title and written in the name of the buyer   LRA 64
2 Get land rates payment clearance  National government  
3 Get land rents payment clearance  County government  
4 Seek approval from the National Lands Commission using the form   LRA 33
5 Lawyer submits to the land registrar    
Lease surrender
The lease is surrendered when the lease period expires or is terminated
1 The lease taker (lessor) through his lawyer, surrenders the lease by filling the form     LRA 65
2 Lawyer submits to the land registrar    
Access Rights: Temporary permission to use neighbors land
This is granted when someone wishes to use their neighbors land temporarily as an access route to their piece of land e.g during construction so as to deliver materials. Since it is temporary, the use period is stated 
1 Both land parties agree to this    
2 The owner of the land to be used then fills form LRA 80 to grant the temporary access   LRA 80
In the absence of the agreement, one can seek a court grant through the legal process.
Cancellation of access rights
Both parties can cancel the access rights if the use period lapses
  Landowner    
1 In this case, the owner of the land fills the form;    LRA 81
2 Submit to the land registrar    
  Land user    
1 In this case, the land user fills the form;   LRA 83
2 Submit to the land registrar    
Cancellation of access rights if access land has been leased
If land being used as an access route has been leased, the lessor's permission/consent is not required when issuing the access rights but his concent is mandatory during the cancellation 
1 To give access to cancelation concent, the lessor is required to fill the form   LRA 82
2 Submit to the land registrar    
 

 

land registration processes for a Placing a caution
 

 

 

This is the act of blocking any activities such as selling or leasing from being carried out on disputed land until the dispute is resolved.
  Process Office to engage  New form to use
1 Interested party applies to place the caution by filling the form   LRA 67
2 Submit to land registrar for registration    
  Land registrar issues notice to the landowner of the existence of the caution and give reasons.    LRA 68
Withdraw of a caution
  A caution can be withdrawn by;
1) The cautioner - one who placed it
2) Land owner
3) Registrar
4) Court
   
  By Cautioner    
1 Application by cautioner to withdraw the caution by filling the form   LRA 69
2 Submit to the land registrar & caution will be lifted    
  By Land Owner    
1 Petition to remove the caution by the landowner, fill the form   LRA 70
  If the caution placer doesn’t appear at the land registrar's hearing after the summoning, the caution is lifted automatically    
2 Submit a petition to the registrar    
3 Registrar will notify the cautioner of the owners intent to remove the caution, which is set to be carried out in the next 30 days   LRA 71
4 Cautioner can object using the form   LRA 72
5 Registrar will summon both parties for a hearing using    LRA 73
6 Registrar issues hearing final verdict using the form   LRA 74
  By court    
1 Court can place a caution through a legal process    
2 A court issued caution cannot be lifted by the registrar    
 

 

land registration processes for a Powers of Attorney
 

 

 

This is the act of giving someone powers to act on your behalf as a signatory on anything pertaining to the land transaction. This can be done at any point in the transaction process.
  Process Office to engage  New form to use
1 Fill general power of attorney form   LRA 5
2 Submit to the land registrar    
3 Registrar fills the register of power of attorney form  to register the rights and file them   LRA 4
Special powers of attorney
This is when appointing someone to act as a signatory on your behalf at a particular/specific stage.
1 Fill form   LRA 6
2 Submit to the land registrar    
3 Registrar fills the register of power of attorney form  to register the rights and file them   LRA 4
Irrevocable power of attorney
No one can challenge or revoke your rights as the appointed agent
1 Both parties (you and rights granter) fill the form   LRA 7
2 Submit to the land registrar    
3 Registrar fills the register of power of attorney form  to register the rights and file them   LRA 4
Revocation/ challenging the power of attorney
Circumstances that can lead to revocation;
1) Appointing agent decision
2) Death/bankruptcy/disability of appointing agent
3) Death/bankruptcy/disability of appointed agent
1 To revoke, fill the notice of revocation of power of attorney form   LRA 8
2 Attach proof to show any of the above circumstances    
 

 

land registration processes for a Reconstruction of the land register
 

 

 

If while conducting a search, private landowner or a company discovers that their land register file is missing or some documents, the landowner is required to request for file reconstruction. This will involve;
  Process Office to engage  New form to use
Private land register
1 Filling the reconstruction application form    LRA 14
2 Fill the statutory declaration form which acts as an affidavit   LRA 16
3 Fill deed of indemnity form: This is to relieve the government of any liability from and against any losses/harm issues that may arise   LRA 17
4 Attach;
  • Certified copy of ID
  • Certificate of title
  • Colored passport size photo
  • Search results document and any other doc. Evidencing ownership 
   
5 Submit all to registrar    
6 Registrar gazettes notice of reconstruction to the Kenya gazzette using form with a notce period of 60 days   LRA 18
7 If not contested before deadline, the registrar reconstructs the file    
Company land register
1 Filling the reconstruction application form    LRA 14
2 Fill the statutory declaration form which acts as an affidavit   LRA 15
3 Fill deed of indemnity form: This is to relieve the government of any liability from and against any losses/harm issues that may arise   LRA 17
4 Attach;
  • Company registration certificate
  • Certified copy of ID
  • Certificate of title
  • Colored passport size photo
  • Search results document and any other doc. Evidencing ownership
   
5 Submit all to the registrar    
6 Registrar gazettes notice of reconstruction to the Kenya Gazette using the form with a notice period of 60 days   LRA 18
7 If not contested before the deadline, the registrar reconstructs the file    
 

 

land registration processes for a Rectification of register
 

 

 

The landowner can apply for this in cases of details errors, mistakes or omissions
  Process Office to engage  New form to use
Individual register
1 Fill the register rectification form   LRA 87
2 Fill the rectification consent form   LRA 88
3 Fill the statutory declaration form which serves as an affidavit   LRA 16
4 Provide all supporting documents      
5 Submit to the registrar     
6 Registrar issues notice of rectification to all persons with interest in the land using the form   LRA 45
7 After 45 days, the registrar summons the interested parties for a hearing using the form   LRA 91
8 Registrar conducts a hearing and makes the final ruling    
9 After hearing, should the registrar deem to summon a specific individual, he will do so using the form   LRA 93
10 He will issue an order to rectify the register using the form   LRA 92
Company  register
1 Fill the register rectification form   LRA 87
2 Fill the rectification consent form   LRA 89
3 Registrar will issue a notice of rectification to all persons with interest in the land using the form   LRA 90
4 Provide all supporting documents      
5 Submit to the registrar     
6 Registrar issues notice of rectification to all persons with interest in the land using the form   LRA 45
7 After 45 days, the registrar summons the interested parties for a hearing using the form   LRA 91
8 Registrar conducts a hearing and makes the final ruling    
9 After hearing, should the registrar deem to summon a specific individual, he will do so using the form   LRA 93
10 He will issue an order to rectify the register using the form   LRA 92
Court sanctioned rectification
1 Present the court order to the registrar    
2 Submit filled form 94 accompanied by supporting documents   LRA 94
3 Registrar will automatically rectify the register    
 

 

land registration processes for a Registrar refusal to register land
 

 

 

Land registrar has the powers to decline to register land  for various reasons like; a process was skipped, inconsistencies in the details provided, etc 
  Process Office to engage  New form to use
1 Registrar issues applicant with refusal notification stating the reasons why using the form   LRA 22
2 The applicant appears to the registrar to correct the matter    
 

 

land registration processes for a Registration units
 

 

 

These are areas/ regions where the government, through the Cabinet Secretary, identifies to set up its land registration offices. These will be the central registration center for the land around that area
  Process Office to engage  New form to use
1 Identification of the unit by CS    
2 The government department of survey carries out a survey and prepares a cadastral map showcasing the land parcels layouts    
3 Surveyors prepare a list of all title deeds issued with repealed Acts - also known as a conversion list    
  The list of title deed numbers are required to be converted to conform with the new laws    
4 The CS publishes the list in the Kenya Gazette for 30 days    
5 After 30 days, CS sends the list to the county government for dissemination and notification to the landowners of the conversion exercise     
6 The owner can object by filling and submitting the objection form 96. Provide evidence of nature or grounds of complain, name, address, etc   LRA 96
7 If no complaint lodged, old land registers for these titles are closed and new once opened with the landowners required to apply for replacement of the title    
Replacement of title from conversion list
1 Follow the full replacement of lost/destroyed title deed process     
2 Replace form in step 3 with    LRA 97
 

 

land registration processes for a Replacement of lost or destroyed title deed
 

 

 

  Process Office to engage  New form to use
1 Owner conducts an official search    
2 Owner acquires police abstract    
3 The owner fills the application for a replacement certificate of title of a previous title form   LRA 12
  Attach;
Police abstract
Certified copy of ID
Colored passport size photo
Search results document and any other doc. Evidencing ownership 
   
4 Fill the statutory declaration form which acts as an affidavit declaration of loss   LRA 16
5 Submit all to the land registrar    
6 Registrar issues notice of intent  to replace title using the form   LRA 13
7 Notice is gazetted at the Kenya Gazette and in 2 local dailies giving 60 days grace period    
8 If not contested, the registrar issues a new title deed if satisfied with the evidence submitted.    
 

 

land registration processes for a Restrictions
 

 

 

Registrar may prohibit dealings with a particular land, lease or charge for a particular period of time on his own volition or from an application made by persons with interests in the land.

 

land registration processes for a Interested party restriction
 

 

 

  Process Office to engage  New form to use
1 Interested party fills the application for restriction form   LRA 75
2 Registrar issues a notice of intent for the restriction and sends it to the landowners using the form   LRA 76
3 Both parties to appear before the registrar for a hearing    
4 Registrar makes a ruling and effects the restriction using the form   LRA 77
 

 

land registration processes for a Registrar imposed restriction
 

 

 

  Process Office to engage  New form to use
1 Registrar issues a notice of intent for the restriction and sends it to the landowners using the form   LRA 76
2 Landowner to appear before the registrar for a hearing    
3 Registrar makes a ruling and effects the restriction using the form   LRA 77
 

 

land registration processes for a Removal of a restriction
 

 

 

  Process Office to engage  New form to use
1 Fill the application for removal of restriction form   LRA 78
2 Registrar issues a notice of intent for the restriction and sends it to the landowners using the form   LRA 76
3 Both parties to appear before the registrar for a hearing    
4 Registrar makes a ruling and effects the restriction using the form   LRA 79
 

 

 

 

 

land registration processes for a Setting boundaries
 

 

 

Should you hold a title that has no clearly defined boundaries indicated also known as general boundaries and wish to convert them to fixed boundaries, wish to ascertain your existing fixed boundaries or they have issues, landowners can apply for new demarcations 
  Process Office to engage  New form to use
1 Apply to registrar using form   LRA 23
  Attach:
Certified copy of ID
Certificate of title
Colored passport size photo
Search results document and any other doc
Evidencing ownership 
   
2 Registrar will issue a notice of intent to ascertain the boundaries to the two landowners where the proposed boundary is to be set and summoning them to appear before him using the form    LRA 24
3 The two appear before registrar and hearing is conducted    
4 Registrar makes a determination on either to approve or decline the setting of boundaries request    
5 If approved, registrar orders the government surveyor to fix the boundaries     
Demarcation of boundaries
It is a requirement for landowners to demarcate and maintain land boundaries using either a fence, hedge, stones, pillars, beacons, walls or any other feature. The land register can order a landowner to clearly demarcate their land boundaries 
1 Registrar will issue a demarcation notice to the landowner using form indicating the compliance deadline   LRA 25
2 Landowner demarcates land before the given deadline    
Failure to comply is a criminal offense
 

 

land registration processes for a Spouse inclusion in the land register
 

 

 

This can only be used by either of the spouses
  Process Office to engage  New form to use
1 Either spouse fills the form   LRA 10
2 Submit to the land registrar    
3 Registrar will issue a notice to the landowner of intent to add the spouse in the registry using the form (THE NOTICE LASTS 30 DAYS)   LRA 11
4 If notice expires without being contested, then the spouse is added in the land register    
 

 

land registration processes for a Succession
 

 

 

It is the act of inheriting land from a believed relative
  Process Office to engage  New form to use
1 Acquire death certificate    
  If no will present, all children automatically become beneficiaries    
2 Consult the area chief to write a letter confirming the list and names of beneficiaries    
3 Potential successors carry out land official land search County/district land registrars LRA 84
3.1 Results will be issued by a registrar using the form   LRA 85
4 Obtain the Law of Succession Act form 80 from the court and fill it as affidavit confirming the case   Law of Succession Act form 80
5 Present the affidavit form, chief's letter, search results and death certificate to court and petition the gazettement of the land for 90 days    
6 If no objections raised, the court issues a letter of administration    
7 Successors apply for confirmation of grant ie permission to transact in the land eg sell, subdivide, etc    Law of succession regulations form P&A 54 
8 Apply for the transference of title deed name from deceased to successors   LRA 42
If a will exists, skip to step 7
 

 

land registration processes for a Transmission of Land
 

 

 

These are instances where the government revokes land titles then it's allocated the land to someone else. The person assigned, upon provision of evidence of the allocation will apply for the land title 
  Process Office to engage  New form to use
1 Fill  the application to be registered as proprietor by transmission form   LRA 50
2 Accompany it with the statutory declaration form   LRA 47
3 Submit forms including the allocation letter as evidence to land registrar plus a copy of title & consent fee Sh1000 receipt for stamp duty valuation National/County land registry Self declaration -1 form under Stamp Duty Act
4 Registrar submits documents to govt valuer for stamp duty fee valuation National/County land registry  
5 Buyer pays stamp duty fees at KRA i-tax website ( stamp duty is 4% of the value of land in an urban area; 2% of the value of land in a rural area) KRA  
6 The buyer fills the application form for land registration plus original title, stamp duty receipt, sale agreement, certified copies of KRA pin & National ID   LRA 9
7 Fill application for a certificate of title form   LRA 19
8 Submit all to the land registrar    
9 Land registrar will issue a booking number    
10 Takes average 45 days to get the title deed    
 

 

land registration processes for a Trustee
 

 

 

This is the administrator appointed by the estate owner when alive to manage the properties upon his death. The property owner has to create a trust while alive through the Perpetual Succession Act
  Process Office to engage  New form to use
Registration of trustee
1 Trustee applies to be registered  in the land registry using the form   LRA 51
2 Evidence of the trust and death certificates must be attached    
3 Submit to the registrar who will register upon verification of evidence provided    
Sale of freehold land by trustee
1 Follow the buy/selling process from step 1-6    
2 Fill form 7 and 8 where applicable    
3 Fill the transfer of land by trustee form   LRA 52
4 Follow the buy/selling process from step 9-20    


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