What Is Land Caveat In Kenyan Land Law?

What Is Land Caveat In Kenyan Land Law?

What Is Land Caveat In Kenyan Land Law?

A land caveat, in the context of Kenyan land law, is a notice or warning placed on a specific title deed to prevent certain actions, such as selling, buying, or using the property as collateral for a loan. These caveats are temporary restraints lodged with the Registrar of Lands by individuals or parties who want to forbid specific transactions related to the land.

The purpose of a caveat is to communicate that someone else’s interest in the property takes priority, and it serves as a legal mechanism to protect their rights and interests.

A land caveat is a legal document that is lodged by a person or entity who has a legal interest in a piece of land, to protect their interest.

The caveat serves as a warning or formal notice to tell others that there is an interest on the land, and they should not proceed with any transactions involving the land without notifying the person who lodged the caveat.

In the context of Kenyan Land Law, the specifics of how a land caveat is used and its implications may vary. It’s important to consult with a legal expert or conduct further research to understand the specifics of land caveats in Kenyan Land Law.

Steps to Place a Caveat

  1. Identify Your Interest: You must have a legitimate interest in the property to place a caveat. This could be due to an equitable mortgage, a pending settlement as a buyer, or a pending court case
  2. Fill Out Form RL 22: This form is used to apply for a caveat. It requires details about the caveator (the person placing the caveat) and the property
  3. Prepare an Affidavit: You need to prepare an affidavit explaining your interest in the property. This document is sworn by the caveator
  4. Provide a Copy of the Title Deed: You need to provide a copy of the property’s title deed or lease
  5. Pay the Prescribed Fee: There is a fee for placing a caveat, which is set by the Ministry of Lands
  6. Submit the Documents: Submit Form RL 22, the affidavit, the copy of the title deed, and the fee to the land registrar
  7. Wait for the Registrar’s Notice: The registrar will enter the caveat on the title register and send a notice to the registered proprietor of the property

As long as the caveat remains, no dealings inconsistent with it can be registered without the caveator’s consent or a court order. A caveat expires after minimum of 90 days but can last years  and can be renewed by filing another form RL 22.

The caveat can be withdrawn at any time by the caveator or court, or removed by the registrar if the caveator doesn’t object after being notified

How to Place a Title deed Caveat in a Land in Kenya

Placing a title deed caveat on a land in Kenya involves a series of steps. A caveat is a warning or caution put against a property to prevent any action being taken on the property. It is a general notice in the form of a register that no action in relation to the land/house will be taken without first informing the person who gave the notice.

Here is a step-by-step guide on how to place a title deed caveat in Kenya:

  • Identify the Land: The first step is to identify the land on which you want to place the caveat. You should have a legitimate interest in the land to be able to place a caveat
  • Prepare the Necessary Documents: You will need to prepare the necessary documents to place a caveat. These documents may vary depending on the specific circumstances, but they generally include proof of your interest in the land
  • Submit the Documents: Once you have prepared the necessary documents, you will need to submit them to the relevant land registry. In Kenya, the Ministry of Lands is responsible for land registration
  • Pay the Required Fees: There may be fees associated with placing a caveat. You will need to pay these fees at the time of submitting your documents
  • Wait for the Caveat to be Registered: After you have submitted your documents and paid the necessary fees, you will need to wait for the caveat to be registered. The registrar will give a notice in writing to the proprietor whose property is affected
  • Check the Caveat: Once the caveat has been registered, you should check it to ensure that it has been correctly placed. You can do this by conducting a land search

Remember, a caveat is a serious legal tool and should not be used lightly. It is advisable to seek legal advice before proceeding with placing a caveat to understand all the implications and ensure that you are acting within the law. Misuse of a caveat can lead to legal consequences

How To Remove A Caveat On Land In Kenya

To remove a caveat on land in Kenya, there are several methods available. A caveat can be removed by the person who lodged it, by a court order, or by the Registrar of Lands. If the person who lodged the caveat wishes to remove it, they can do so voluntarily.

Additionally, a court order can be obtained to remove the caveat, especially in cases where it is found to be illegitimate or based on fraudulent grounds.

The Registrar of Lands also has the authority to remove a caveat, typically after serving a notice to the person who placed it, warning that it will be removed at the expiration of the stated notice period.

In short, In Kenya, a caveat can be removed from a land title by three main methods:

  • By the person who placed the caveat: The individual who initially lodged the caveat can withdraw it. This is usually the person who has an interest in the land and wants to prevent others from dealing with the land in a way that prejudices their interest
  • By a court order: A court can order the removal of a caveat. This usually happens when a dispute over the land has been resolved in court, and the court deems it appropriate to remove the caveat
  • By the Registrar: The Registrar of Lands can remove a caveat. According to the Land Registration Act, the registrar may serve a notice on the person who placed the caveat, warning that it would be removed after the period specified in the notice. If the person who placed the caution does not raise any objection at the expiry of the period, the registrar may remove it. However, if the cautioner objects to the removal of the caution, he or she must notify the registrar, in writing, of the objection within the time specified in the notice. The registrar will then give both parties an opportunity to present their case

It’s important to note that caveats and cautions are temporary restraints that are lodged with the Registrar of Lands by people forbidding the transactions. Cautioners must prove that they are entitled to interests in the disputed property whose transfer they seek to forbid.

What Is The Difference Between Caveat And Caution?

A caveat is a legal notice or warning, typically used in the context of property or land. When a caveat is lodged, it serves as a formal notice to the public that someone else has a prior interest in the property. It prevents any further actions or transactions related to that property without informing the person who registered the caveat.

On the other hand, caution is a more general term referring to a warning or proviso. While it can be used in a legal context, it is not as specific as a caveat. Caution can be used in various situations to warn or advise against potential dangers or issues, not limited to property matters.

Caveat and Caution are terms often used in legal and warning contexts. The primary difference between them lies in their usage and legal implications.

In summary, a caveat is a legal warning related to property rights, while caution is a broader term for any warning or advice. They serve different purposes, with caveats having specific legal implications in property dealings.

What Is A Land Caution In Kenya?

A land caution in Kenya is a formal notice or warning that is registered with the Registrar of Lands to inform the public and potential property buyers that a specific interest or claim has been asserted on a particular parcel of land.

It is a legal mechanism to protect the rights of the person who registers the caution in relation to the land.

When a land caution is registered, it effectively prevents any further dealings or transactions related to that land without first notifying and obtaining consent from the person who placed the caution.

These dealings may include property transfers, leases, or charges. Cautioners must provide proof of their interest in the land.

In essence, a land caution in Kenya is a legal instrument that is used to ensure that the interests of the cautioner are acknowledged and respected when any actions or transactions involving the land are undertaken. It serves as a public notice of a prior claim or interest in the property.

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