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?

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

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