What Do Title Deeds Look Like In Kenya?

What Do Title Deeds Look Like In Kenya?

What Do Title Deeds Look Like In Kenya?

What Do Title Deeds Look Like In Kenya?

An original Kenyan title deed is a booklet with four pages, white in color, and features a bright red seal and signature on the bottom left corner of the front page

The first page of the title deed contains the title number, estimated size of the land, map sheet number, name of the owner, a seal, and a date of issue. It also shows the type of land.

The second page, divided into sections A and B, is described as property and proprietorship. It shows the parcel number, details of the owner, a signature, and a stamp

Title deeds in Kenya are official legal documents that provide information about the ownership of a property or a piece of land.

There are different types of title deeds, including Certificate of Title (for subdivisions without a change of user), Certificate of Lease (for leasehold land), and Absolute Title Deed (for freehold land). These title deeds serve as proof of legal ownership and rights to the land or property.

In Kenya, a title deed is a legal document that serves as proof of ownership for a specific property. It is issued by the Ministry of Lands, Housing, and Urban Development at regional registry offices

To verify the authenticity of a Kenyan title deed, one can conduct a title deed search at the Land’s Registry. This can be done manually or online if the registry has been digitized.

However, most of the land registries in Kenya are still analog, and a physical visit is required to conduct a manual property search

It’s important to note that the process of obtaining a title deed involves submitting a survey plan for a particular piece of land, which needs to be approved by the Ministry of Lands. After approval, the Ministry issues a title deed to the landowner, legally recognizing ownership

Title deeds can be white in color and have a seal and signature. They are usually presented as a booklet with four pages. The first page typically contains essential information.

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These documents typically include details such as the owner’s name, the property’s location, its area, and a map showing the boundaries of the land on all four sides.

Overview of Title Deeds in Kenya

A title deed is a legal document that proves ownership and legal rights over a piece of land in Kenya. It contains key details about the land including:

  • Name of the land owner
  • Location and size of the land
  • Registration number
  • Map/survey details
  • Signatures of issuing authorities

Key elements like stamps, signatures, seals, and watermarks help determine authenticity.

Title Deed Transfer Process

To transfer a title deed to a new owner in Kenya:

  • Conduct official search of the title deed
  • Obtain clearance certificates and consent to transfer
  • Have property valued to determine stamp duty
  • Prepare transfer documents signed by buyer and seller
  • Pay registration fees
  • Submit documents to land registry

The whole process takes 60-90 days on average.

Transferring a title deed involves getting consents, paying stamp duty and registering the transfer

What Information Is Included In A Title Deed In Kenya

A title deed in Kenya is a legal document that proves ownership and legal rights over a piece of land. It is issued by the Ministry of Lands, Housing, and Urban Development at regional registry offices

The information included in a title deed in Kenya is as follows:

  • Owner’s Name: The title deed contains the name of the current owner of the land. If the land is jointly owned, two or three names can appear on the title deed
  • Property’s Location: The location of the property is clearly stated in the title deed. This includes the specific geographical location of the land
  • Size of the Land: The title deed provides information about the size of the land. This is usually measured in acres or square meters
  • Registration Number or Title Deed Number: Each title deed has a unique registration number for identification purposes
  • Type of Title: The type of title (Certificate of Lease, Absolute Title deed, or Sectional Title deed) is also stated in the title deed
  • History and Records of the Land: This section provides in-depth details on the history and records of the land. It is where any court cases, loans, mortgage, dispute or any other special details about the land is recorded for reference
  • Signatures of Issuing Authorities: The title deed contains the signatures of the issuing authorities, which validates the document
  • Map/Survey Details: Some title deeds may have an attached map or survey plan that provides a visual representation of the land
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It’s important to note that the authenticity of a title deed can be verified through official stamps, signatures, and other security features. The most effective way to identify a genuine title deed from a fake one is by doing a title deed search at the Land’s Registry

 

 

Difference between Certificate of Lease and Absolute Title Deed in Kenya

In Kenya, there are two common types of title deeds: Certificate of Lease and Absolute Title Deed. These title deeds differ in terms of the rights and ownership they convey:

Certificate of Lease:

    • Certificate of Lease is a type of title deed issued under the Registered Land Act Cap 300 (repealed) for leasehold land.
    • It grants the holder the right to use and occupy the land for a specified lease period, typically 99 or 999 years.
    • While the holder has substantial rights to the land, they do not have absolute ownership. The land reverts to the government or the original owner at the end of the lease period.
    • This type of title deed is common for properties in urban areas and is often used for commercial or residential purposes.

Absolute Title Deed:

    • Absolute Title Deed is also issued under the Registered Land Act Cap 300 (repealed), but it applies to freehold land.
    • It provides the holder with full and absolute ownership of the land, meaning they have permanent and unrestricted rights to use, sell, or transfer the property.
    • The owner of an Absolute Title Deed has the highest level of land ownership security, as the land is not subject to reversion to the government or any other party.
    • This type of title deed is common for rural and agricultural land, and it represents the most secure form of land ownership in Kenya.
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The key difference between these two title deeds lies in the nature of the ownership rights they confer, with Absolute Title Deed providing complete ownership and control, while Certificate of Lease grants leasehold rights with certain limitations.

Digital Title Deeds In Kenya

In Kenya, digital title deeds have become more accessible and convenient for property owners. You can now check your title deed details online thanks to platforms like Ardhisasa and e-citizen.

By signing up on these platforms and submitting your title deed details, you can easily verify the validity of your title deed.

Land record digitization in Kenya involves the creation of a Document Management System (DMS) for all approved physical development plans. This includes scanning, indexing, and archiving deed files and land rent cards, among other digital operations.

To perform an online title deed search, you can navigate to the Ministry of Land and Physical Planning on the e-Citizen platform, input your title number, and complete the online land search.

It’s important to ensure the authenticity of your title deed by verifying signatures and initials on both the original and owner’s duplicate copies, as well as the property description.

The digitization of land titles in Kenya is going hand in hand with the creation of Ardhisasa, a portal for managing Kenya’s land information, which is aimed at improving land rights, including women’s rights.

 

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