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
