What Is A Title Deed? Why Is A Title Deed Important?

What Is A Title Deed? Why Is A Title Deed Important?

What Is A Title Deed? Why Is A Title Deed Important?

• A title deed is a legal document that proves ownership of a property. It contains details about the property like location, size, boundaries etc.

Why Is A Title Deed Important?

• It proves legal ownership of land or property
• It can be used as collateral for obtaining loans
• It provides security of land tenure
• It enables transfer or sale of property
• It facilitates compensation in case of compulsory acquisition

How Do I Get A Title Deed In Kenya?

• Buy land and develop it
• Buy land with an existing title deed
• Acquire through inheritance if the land had a title deed
• Apply for a title deed for land without one through adjudication process

What Are The Types Of Title Deeds In Kenya?

• Absolute Title Deed
• Leasehold Title Deed
• Sectional Title Deed
• Certificate of Title

What Is An Absolute Title Deed?

• It indicates absolute ownership of land without limitation to the use or disposal

What Is A Leasehold Title Deed?

• It allows one to own land for a limited period, usually 99 years
• After the lease expires, the land reverts back to the government

What Is A Freehold Title Deed?

• It indicates absolute ownership of land in perpetuity

What Is A Sectional Title Deed?

• It is issued to owners of sections within a building e.g. apartments
• It indicates ownership of a section, not the entire building

How Can I Tell If A Title Deed Is Genuine Or Fake?

• Check security features like embossed stamp, watermark
• Confirm at the Lands registry whether it is registered
• Check if the land reference number and map coordinates match

What Are The Main Parts Of A Title Deed?

• The letter of allotment
• Page showing land description, ownership, encumbrances if any
• Page showing conditions, restrictions, rights of way if any
• The registry index map

How Can I Transfer A Title Deed From One Name To Another?

• The seller and buyer sign a sale agreement
• Conduct a title search to confirm ownership
• Pay stamp duty on the transaction
• Prepare a transfer form signed by the seller
• Pay capital gains tax if applicable
• Submit documents to Lands office for registration

What Is The Process Of Replacing A Lost Title Deed?

• Make a police report about the loss
• Apply for a provisional title deed at the Lands office
• Publish a notice of the loss in the newspapers
• After 60 days, apply for a new title deed

Can A Foreigner Own Land In Kenya?

• Yes, a foreigner can own land on leasehold basis for up to 99 years

What Documents Do I Need To Check Before Buying Land?

• Original title deed
• Survey map and site plan
• Rates clearance certificate
• Rent clearance certificate
• Search results from Lands office

What Is A Parent Document For Land?

• The original document that shows how one acquired the land initially

What documents are required for land registration in Kenya?

• Title deed
• National ID
• PIN certificate
• Rates clearance certificate
• Stamp duty payment receipt

How Much Does It Cost To Process A Title Deed In Kenya?

• Title search – Ksh 500
• Stamp duty – 4% of land value
• Registration fees – Ksh 500
• Capital gains tax – 5% of gain value

What Is A Title Deed Search?

• A process of confirming ownership and authenticity of a title deed at the Lands registry

How Much Does A Title Deed Search Cost?

• A title search costs Ksh 500 paid online or at Lands registry

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

• If buying land with an existing title, it takes about 1-2 months
• If applying for a new title, it may take 6-12 months

What Is A Land Rate Clearance?

• A certificate showing that land rates owed to a county government are cleared and up to date

What Is A Capital Gains Tax?

• A tax charged on the profit made from sale of property

How Much Is The Capital Gains Tax?

• It is 5% of the gain made calculated as selling price less buying price

What Is A Rent Clearance Certificate?

• A certificate showing annual rent for leasehold land is paid up

How Much Does A Rent Clearance Certificate Cost?

• The fee is Ksh 200 per title deed

How Can I Know If I Am The Legal Owner Of My Land?

• Conduct a title search to confirm your name is on the title
• Check the records at Lands registry

How Can I Do An Online Title Search?

• Through the Ardhisasa portal
• Through online registries like titledeed.co.ke

What Is The General Charge For Title Transfer Fee?

• The standard title transfer fee is Ksh 1,000

Why Is It Important To Engage A Lawyer When Buying Land?

• To review the title deed, survey maps and offer documents
• To undertake due diligence on your behalf
• To prepare the sale agreements and transfer documents
• To ensure the process follows the legal requirements

What Are The Duties Payable When Transferring A Title Deed?

• Stamp duty – 4% of market value
• Capital gains tax if applicable
• Registration fees – Ksh 500
• Title transfer fees – Ksh 1,000
• Land rent and rates clearance – Ksh 200 each

How Can I Subdivide My Land?

• Hire a surveyor to subdivide and get new maps, beacons
• Obtain consent from relevant authorities e.g. County govt
• Apply for subdivision with Ministry of Lands

How Do I Change A Title Deed From Leasehold To Freehold?

• Apply for conversion with NLC providing justification
• Pay stamp duty on the land value
• NLC may recommend conversion to Cabinet Secretary
• CS amends the land register upon approval

What Does It Mean If A Title Deed Is Charged?

• It means the land has been used to secure a loan or debt
• The charge must be removed for the title to be transferred

How Do I Remove A Charge On A Title Deed?

• Pay off the loan secured by the title deed
• Obtain a discharge document from lender
• Present discharge to Lands office for removal of charge

How Do I Replace A Lost Or Damaged Title Deed?

• Report loss to police and Lands office
• Apply for provisional title deed
• After 60 days, apply for replacement title

How Can I Verify A Title Deed Is Genuine?

• Check security features like stamp, watermark
• Confirm at Lands registry if it’s registered
• Check if land reference and map coordinates match

What Is The Difference Between A Title Deed And Logbook?

• Title deed is for land, logbook is for vehicles
• Title deed proves ownership, logbook shows registration
• Title deed issued by Lands, logbook by NTSA

Can I Use A Photocopy Of A Title Deed For A Transaction?

• No, only original title deed should be used
• Photocopies are not recognized for transactions

Where Should I Store My Important Documents Like Title Deeds?

• In a safe or secure cabinet preferably in a bank
• Also store copies securely e.g. online backups

What Is The Difference Between Land Registration And Title Deed?

• Registration records your interest, title deed certifies ownership
• You can register land before getting a title deed

How Do I Transfer Ownership Of Land Before Getting A Title?

• The seller signs transfer documents used for registration
• The buyer registers the land under their details
• Title deed can be obtained later through adjudication

What Is The Adjudication Process?

• The process of ascertaining ownership and issuing title deeds

How Can I Subdivide Land Without A Title Deed?

• Hire surveyor, obtain approvals, register new parcels
• Apply for adjudication to get title deeds for the subdivisions

How Do I Obtain A Title For Ancestral Land?

• Gather evidence of ownership and occupation
• Hire lawyer to apply for adjudication and registration

What Should I Do If My Title Deed Has Errors?

• Visit Lands office and fill form to correct errors
• Provide copies of title and ID
• Lands office will issue an amended title

How Can I Find The Survey Map And Site Plan For My Land?

• Check the records and index maps at Lands registry
• Hire a surveyor to establish and register the boundaries

What Should I Do If Boundaries Are Disputed?

• Report dispute to local Lands office
• Lands office may order a survey to determine boundaries
• This will guide the issuance or correction of title deeds

How Can I Find The History Of A Parcel Of Land?

• Do an official search at the Lands registry
• Check the parent title deed and previous transactions

What Is An Easement On A Title?

• A right to use another person’s land for a specified purpose
  e.g. right of way

How Do I Remove An Easement From A Title?

• Apply to Lands office providing justification
• Lands office may revoke if easement no longer required

Can I Take A Loan Using My Title Deed?

• Yes, title deeds can be used as collateral for loans
• Banks and Saccos accept title deeds for secured loans

Where Can I Get A Copy Of My Title Deed?

• Request an official search at the Lands registry
• They can issue a copy for a small fee

How Do I Correct An Error On A Title Deed?

• Visit Lands office and fill form to correct errors
• Provide copies of title and ID
• Lands office will issue an amended title

How can I find out if land is charged or has loans?

• Check the title deed for any charges or encumbrances
• Do an official search which will show charges

What Does Land Registration Number Mean?

• It is a unique number assigned to each parcel of land
• Used to identify the land in the registry records

What Systems Are Used For Land Registration In Kenya?

• Manual land registers for older titles
• Digital database for newer titles

Where Are Title Deeds Stored In Kenya?

• At the Lands registries across the country
• Digitized copies stored in the National Land Information Management System

How Do I Check Land Ownership In Kenya?

• Search the National Land Information Management System
• Do an official search at the Lands registry

What Happens If My Title Deed Is Lost And Someone Else Finds It?

• Report the loss immediately and apply for provisional title
• The finder can’t legally transfer the land without your consent

How Can I Confirm Land Ownership If The Owner Is Deceased?

• Do an official search which shows registered owner
• Apply for transmission if registered under deceased

What Is Transmission Of Land?

• The process of transferring land ownership from a deceased person to their heirs

How Long Does Transmission Of Land Take In Kenya?

• If straightforward with clear succession, can take 6-12 months
• If disputed, can take years to resolve

What Happens If Land Rates Are Not Paid?

• The county government can auction the land to recover the rates
• Or place a charge on the title deed preventing transactions

How Can I Pay Land Rates If I Don’t Have The Title Deed?

• County offices can check owner in registry without title
• Or trace through previous receipts, owner’s IDs

Who Is Responsible For Paying Land Rates?

• The registered owner of the land is responsible
• Even if they don’t occupy the land

How Can I Check The Land Rates Payable On A Parcel Of Land?

• Check with the county government office
• Provide title deed number or owner’s ID
• They can provide the outstanding rates

What Is The Penalty For Late Payment Of Land Rates?

• A 10% penalty may apply for late payments
• The county can also auction the land for non-payment

How Can I Know If Land Rent Has Been Cleared?

• Check the rent clearance certificate from Lands office
• Do an official search which shows any unpaid rent?

What Happens If I Don’t Pay Land Rent?

• The government may repossess the land after serving you a notice
• Or place a charge on the title deed preventing transactions

Who Pays Land Rent In Kenya?

• Land rent is paid by owners of leasehold land
• To compensate the government for use of public land

How Can I Pay Land Rent Without The Title Deed?

• Visit the Lands office with owner’s ID
• Request a search to confirm lease and amount payable
• Pay rent and obtain clearance certificate

How Do I Transfer Land Ownership To My Children?

• Prepare a gift deed signed by you as the giver
• Children sign as recipients
• Submit for registration to transfer title

How Can I Monitor My Land Without Living On It?

• Hire a caretaker to live and maintain the land
• Install security cameras and fencing
• Visit regularly to inspect boundaries