How Long Does It Take To Replace A Lost Title Deed In Kenya?

How Long Does It Take To Replace A Lost Title Deed In Kenya?

 

How Long Does It Take To Replace A Lost Title Deed In Kenya?

To replace a lost title deed in Kenya, the process typically takes 60 days. The registered proprietor must apply to the Lands registry for the issuance of another title in place of the lost or destroyed one by filling an application form known as “The Application for Replacement Certificate of Title/Lease on Loss/Destruction of a Previous Title.”

After the 60-day period, if no objections are received, the Registrar will issue a replacement title deed or certificate of title or lease.

Generally, replacing a lost title deed in Kenya involves a series of steps and takes approximately 60 days after the application has been accepted and the notice has been published in the Kenya Gazette.

Here is a detailed breakdown of the process:

  • Obtain a Police Abstract: The first step is to report the loss to the nearest police station and obtain a police abstract. This document serves as evidence of the reported loss.
  • Statutory Declaration: The next step is to swear an affidavit explaining the circumstances of the loss. This statutory declaration is commissioned by a commissioner of oaths
  • Application to the Registrar of Lands: The registered proprietor or their representative should then apply to the Lands Registry for the issuance of a replacement title. This is done by filling an application form known as The Application for Replacement Certificate of Title/Lease on Loss/Destruction of a Previous Title, otherwise known as Form LRA 12 as per the Land Registration (General) Regulations, 2017
  • Publication in the Kenya Gazette: If the application is successful, the Registrar will publish a notice in the Kenya Gazette. This notice is to inform the public that the Registrar shall issue a Replacement Title after sixty days if no objection is received.
  • Issuance of the Replacement Title: After the lapse of the 60 days, if no objections have been raised, the Registrar will issue a duplicate of the title/lease

It’s important to note that during this process, a proprietor may place a caveat on their property to prevent any dealing with the land before the issuance of the new title. Also, if the lost title is found, it should be presented to the Registrar

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How To Report A Lost Title Deed In Kenya

To report a lost title deed in Kenya, follow these steps:

  1. Visit the Nearest Police Station: As a first step, go to the nearest police station and report the loss of your title deed. Request a police abstract, which is a document that acknowledges the loss and is essential for the replacement process.
  2. Obtain an Affidavit: Visit a lawyer or a Commissioner for Oaths to make an affidavit regarding the loss of the title deed. The affidavit is a legal document that provides a sworn statement about the circumstances of the loss.
  3. Notify the Lands Registry: Contact the Lands Registry and inform them about the loss of your title deed. You can do this in person or through written correspondence. They will guide you on the next steps in the replacement process.
  4. Complete the Application Form: Obtain an “Application for Replacement Certificate of Title/Lease on Loss/Destruction of a Previous Title” form from the Lands Registry or their website. Fill out the form with accurate details.
  5. Pay the Required Fees: There may be fees associated with the replacement process. Ensure you pay the necessary fees as instructed by the Lands Registry. The cost can vary, so it’s advisable to check with them for the current fee structure.
  6. Await the Gazette Notice: After submitting your application, the Lands Registry will issue a Kenya Gazette notice, usually after 60 days, to inform the public about the loss and replacement of the title deed. If no objections are received during this period, the replacement title deed will be issued.

Remember that the process may have specific requirements and timelines, so it’s essential to follow the guidance of the Lands Registry and consult with legal professionals if needed to ensure a smooth replacement process.

Steps To Protect Your Property After Losing A Title Deed In Kenya

Losing a title deed in Kenya can be a concerning situation, but there are steps you can take to protect your property:

  1. Report the Loss to the Police: As mentioned earlier, the first step is to report the loss to the nearest police station. Obtain a police abstract to document the loss officially. This step helps create a legal record of the situation.
  2. Seek Legal Assistance: Consult with a qualified lawyer or legal professional who specializes in property matters. They can guide you through the legal process of protecting your property.
  3. Place a Caveat on Your Property: Your lawyer can help you place a caveat or caution on your property at the Ministry of Lands. This is a legal notice that warns against any unauthorized transactions involving your property. It helps prevent the transfer or sale of the property without your consent.
  4. Contact the Lands Registry: Get in touch with the Lands Registry to inform them about the loss of your title deed and your efforts to protect your property. They can provide guidance on the replacement process and any additional measures to safeguard your rights.
  5. Maintain Documentation: Keep copies of all documents related to your property, including previous title deeds, land records, and any correspondence with the Lands Registry or legal professionals. Having a well-organized file can be invaluable in protecting your property.
  6. Regularly Monitor Your Property: Stay vigilant about any changes or transactions related to your property. Keep track of land records and property transfers to ensure that no unauthorized activities occur.
  7. Stay Informed: Keep yourself informed about the progress of your lost title deed replacement. Ensure that you follow the proper legal procedures and timelines required for the replacement process.
  8. Consider Property Insurance: Property insurance, including title insurance, can provide an extra layer of protection against property disputes and losses. Consult with insurance providers to explore your options.

Remember that the specific steps to protect your property may vary based on the circumstances and legal requirements, so it’s crucial to work closely with legal professionals who can provide guidance tailored to your situation.

 

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