Can You Merge Title Deeds?

Land amalgamation, also known as land consolidation or land readjustment, is the process of combining small parcels of land into one larger piece under a single title deed. This practice is commonly used in various countries, including Kenya.

In Kenya, land amalgamation is regulated by the Land Consolidation Act, and it allows for the merging of multiple land parcels into a single title deed. Joint ownership of property is also possible in Kenya, where two or more individuals can be listed as joint owners on a single title deed.

The process of amalgamation involves submitting the necessary documentation to the relevant authorities, such as the Land Registry.

Subdivision And Amalgamation Approval Of Plots In Kenya

To obtain approval for the subdivision and amalgamation of plots in Kenya, individuals need to follow specific procedures outlined by the Ministry of Land.

For land amalgamation, applicants must submit an amalgamation of land application at the Ministry of Land in their respective county office. This typically involves combining two or more contiguous or adjoining plots of land under separate titles.

The process includes a surveyor taking measurements and creating a subdivision plan, which must be signed by a physical planner. The blueprints are then submitted to the County Land’s office for approval.

For land subdivision, the process involves dividing a single plot of land into two or more separate lots for sale or development. The steps include looking for any restrictions on the property, evaluating the market, contacting the local planning officer, identifying a physical planner, choosing a surveyor, drafting the land subdivision plan, and finally, submitting the application for approval.

Procedure For Amalgamation Of Plots In Kenya

To amalgamate plots in Kenya, you need to follow a specific procedure, including the following steps:

Submission of P.P.A 1 Forms: Begin by filling out the P.P.A 1 forms in triplicate and ensure they are duly signed by a Registered Physical Planner.
Amalgamation/Subdivision Scheme: Prepare a scheme that outlines the amalgamation or subdivision plan. This scheme should include five blueprints and one linen print.
Planning Brief: A Registered Physical Planner should provide a planning brief, which must be signed accordingly.
Ownership Verification: Verify the ownership of the plots involved in the amalgamation process.
Comprehensive Application: Prepare a comprehensive application that includes all necessary documents and details regarding the amalgamation.
Rates: Make sure there are no outstanding land revenue payments for the plots involved in the process.

It’s important to note that the lots to be amalgamated must share at least one common boundary, and they should be located in the same town, village, or district. Additionally, obtaining the necessary approval from the planning authority and state authority for the development area is crucial.

Procedure For subdivision Of Plots In Kenya

The procedure for subdividing plots in Kenya involves several steps:

Initial Consultation: Consult with a Registered Physical Planner to discuss your intention to subdivide the land and determine its feasibility based on local zoning regulations and planning requirements.
Land Ownership Verification: Ensure that you have clear ownership of the land and that there are no outstanding issues related to land rates or disputes.
Survey and Subdivision Plan: Hire a licensed land surveyor to prepare a subdivision plan. This plan should accurately represent the proposed subdivision, including dimensions, boundaries, and access roads.
Submit Application: Submit an application to the relevant government authority, typically the Ministry of Lands or the local County Land Management Board. This application should include the subdivision plan, a copy of the title deed, and other necessary documentation.
Review and Approval: The government authority will review your application to ensure it complies with zoning regulations, environmental impact assessments, and other relevant laws. Once approved, you will receive a subdivision approval notice.
Public Notice: You may be required to publish a public notice in local newspapers, announcing your intention to subdivide the land. This is for public awareness and objections, if any.
Servicing the Land: If your subdivision requires the provision of infrastructure like roads, water supply, or sewage systems, you’ll need to undertake this development as specified by the approval.
Final Survey: After infrastructure is in place, the land surveyor will conduct a final survey to confirm that the subdivision conforms to the approved plan.
Title Deed Issuance: Once everything is in order, you can apply for new title deeds for the subdivided plots. These deeds will reflect the changes in the land’s boundaries.
Stamp Duty and Registration: Pay the necessary stamp duty and have the new title deeds registered with the government land registry.

It’s crucial to follow all legal procedures, zoning regulations, and local bylaws throughout the subdivision process. Consult with professionals, such as land surveyors and legal experts, to ensure a smooth and legally compliant subdivision of land in Kenya.

FAQs

What Is Amalgamation Of Titles In Kenya?

Amalgamation of titles in Kenya refers to the process of combining multiple parcels of land, each with its own separate title deed, into a single, larger piece of land under a unified title deed.

This process is also known as land consolidation or land readjustment. In Kenya, the regulations governing land amalgamation are outlined in the Land Consolidation Act.

To initiate an amalgamation, property owners must submit applications with the relevant documents to support their claim. This allows them to merge two or more properties into one and obtain a single title deed for the consolidated land.

Amalgamation is a method of land management that helps optimize land use and simplify property transactions by eliminating the need for multiple titles for contiguous pieces of land. It is a legal process aimed at improving land tenure and reducing fragmentation of land ownership, making it easier for landowners to manage their properties.

This process is different from amalgamation in English and Welsh land law, which involves combining freehold parcels of land, as it is a specific legal process carried out on registered land in those jurisdictions

Can You Merge Title Deeds?