Land Registration Act
This Act may be cited as the Land Registration Act.
- Jurisdiction
- Kenya
- Instrument
- Act or statute
- Citation
- Cap. 300
- Version
- 31 Dec 2022
- Language
- en
- Official source
- View official record ↗
Source attribution: Source: Kenya Law
Statute overview
About this statute
This Act may be cited as the Land Registration Act. Defines 'Section' as uniquely linked to the signatory. Section 3. Application Section registration of interests in all public land as declared by Article 62 of the Constitution; The Act does not prohibit or affect existing registration systems for mining, petroleum, geo-thermal energy or other rights over land and land-based resources in respect of public land. Other written laws, practices or procedures relating to land must not apply to land registered (or deemed registered) under this Act to the extent they are inconsistent with this Act, except where this Act provides otherwise.
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Legal text
Provisions of Land Registration Act
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Part I
PRELIMINARY
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PRELIMINARY - 1. Short title
This Act may be cited as the Land Registration Act.
Section 1. Short title Section This Act may be cited as the Land Registration Act. - 2 Verify source ↗
PRELIMINARY - 2. Interpretation
Defines 'Section' as uniquely linked to the signatory.
Section 2. Interpretation Section uniquely linked to the signatory; - 3 Verify source ↗
PRELIMINARY - 3. Application
Section 3. Application Section registration of interests in all public land as declared by Article 62 of the Constitution;
Section 3. Application Section registration of interests in all public land as declared by Article 62 of the Constitution; - 4 Verify source ↗
PRELIMINARY - 4. Limitation of application
The Act does not prohibit or affect existing registration systems for mining, petroleum, geo-thermal energy or other rights over land and land-based resources in respect of public land.
Section 4. Limitation of application Section This Act shall not prohibit or otherwise affect the system of registration under any law relating to mining, petroleum, geo-thermal energy or any other rights over land and land-based resources in respect of public land. - 5 Verify source ↗
PRELIMINARY - 5. Conflict with other laws
Other written laws, practices or procedures relating to land must not apply to land registered (or deemed registered) under this Act to the extent they are inconsistent with this Act, except where this Act provides otherwise.
Section 5. Conflict with other laws Section Except as otherwise provided in this Act, no other written law, practice or procedure relating to land shall apply to land registered or deemed to be registered under this Act so far as it is inconsistent with this Act.
Part II
ORGANISATION AND ADMINISTRATION
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ORGANISATION AND ADMINISTRATION - 10. Public access to the register
The Registrar must make information in the register accessible to the public by electronic means or other means as the Chief Land Registrar may reasonably prescribe, subject to the Constitution and other laws on access to information.
Section 10. Public access to the register Section Subject to the Constitution and any other law regarding freedom of and access to information, the Registrar shall make information in the register accessible to the public by electronic means or any other means as the Chief Land Registrar may reasonably prescribe. - 11 Verify source ↗
ORGANISATION AND ADMINISTRATION - 11. Seal of Registry
Each registry must have an official seal; instruments bearing that seal are admissible in evidence and are presumed to have been issued under the Registrar's direction unless shown otherwise.
Section 11. Seal of Registry Section Each registry shall have an official seal, and every instrument bearing the imprint of the seal shall be received in evidence and, unless the contrary is proved, shall be deemed without further proof to be issued by or under the direction of the Registrar. - 12 Verify source ↗
ORGANISATION AND ADMINISTRATION - 12. Appointment of Land Registrars and other officers
The Public Service Commission must appoint specified Land Registrars and other necessary public officers, and must competitively recruit and vet any officer appointed under this Act.
Section 12. Appointment of Land Registrars and other officers Section 12(1) There shall be appointed by the Public Service Commission, a Chief Land Registrar, a Deputy Chief Land Registrar, County Land Registrars, Land Registrars, and such other officers who shall be public officers as may be considered necessary for the effective discharge of functions under this Act. Section 12(2) Any officer appointed under this Act shall be competitively recruited and vetted by the Public Service Commission. [Act No. 28 of 2016 , s. 6.] - 13 Verify source ↗
ORGANISATION AND ADMINISTRATION - 13. Qualifications for appointment of Registrar
Sets out the qualifications and disqualifications for appointment as Registrar.
Section 13. Qualifications for appointment of Registrar Section 13(1)(a) is a citizen of Kenya; Section 13(1)(b) holds a degree from a university recognized in Kenya; Section 13(1)(c) is an advocate of the High Court of Kenya of not less than ten years standing; Section 13(1)(d) has had at least ten years experience in land administration or management; and Section 13(1)(e) meets the requirements of chapter six of the Constitution. Section 13(2)(a) has been convicted of a felony; Section 13(2)(b) is an undischarged bankrupt; Section 13(2)(c) has not met his or her legal obligations in relation to tax; Section 13(2)(d) has benefited from or facilitated an unlawful and irregular allocation or acquisition of land or other public property; or Section 13(2)(e) has been removed from office for contravening the provisions of the Constitution. - 13A Verify source ↗
ORGANISATION AND ADMINISTRATION - 13A. Qualifications for appointment of other land Registrars
Sets minimum qualifications for appointment to Deputy Chief Land Registrar (10 years' standing as Advocate or specified professions), County Land Registrar (5 years' standing or specified experience/professions), and Land Registrar (Advocate, land surveyor, land economist or other expert); requires the Registrar to take an oath; redeploys incumbents who do not meet qualifications upon commencement.
Section 13A. Qualifications for appointment of other land Registrars Section 13A(1) A person shall not qualify for appointment as Deputy Chief Land Registrar unless such a person is an Advocate of the High Court of Kenya of not less than ten years' standing, a land surveyor, a land economist or an expert in any other relevant field. Section 13A(2) A person shall not qualify for appointment as a County Land Registrar unless such a person is an Advocate of the High Court of Kenya of not less than five years' standing or an Advocate of the High Court with at least five years' experience in land administration, a land surveyor, a land economist or an expert in any other relevant field. Section 13A(3) A person shall not qualify for appointment as a Land Registrar unless such a person is an Advocate of the High Court of Kenya, a land surveyor, a land economist or an expert in any other relevant field. Section 13A(4) Upon appointment, the Registrar shall take an oath of office in the prescribed form. Section 13A(5) Upon the commencement of this Act, any person holding the position of Chief Land Registrar, and Land Registrars who do not meet the qualifications prescribed in this Act shall be redeployed to other positions and duties within the public service. [Act No. 28 of 2016 , s. 7.] - 14 Verify source ↗
ORGANISATION AND ADMINISTRATION - 14. General powers of Land Registrars
Section 14 gives the Registrar powers to require production of documents and information from any person, to refuse registration when required materials or acts are withheld, to administer oaths, to order payment of investigation costs, and sets out duties of the Registrar (including issuing practice instructions, standards, supervision, reporting, appeals, approving instrument formats and other functions). It also defines roles for the Deputy Chief Land Registrar and County Land Registrars and exempts the Registrar from personal liability for lawful acts done in good faith.
Section 14. General powers of Land Registrars Section 14(1)(a) require any person to produce any instrument, certificate or other document or plan relating to the land, lease or charge in question, and that person shall produce the same; Section 14(1)(b) summon any person to appear and give any information or explanation in respect to land, a lease, charge, instrument, certificate, document or plan relating to the land, lease or charge in question, and that person shall appear and give the information or explanation; Section 14(1)(c) refuse to proceed with any registration if any instrument, certificate or other document, plan, information or explanation required to be produced or given is withheld or any act required to be performed under this Act is not performed; Section 14(1)(d) cause oaths to be administered or declarations taken and may require that any proceedings, information or explanation affecting registration shall be verified on oath or by statutory declaration; and Section 14(1)(e) order that the costs, charges and expenses as prescribed under this Act, incurred by the office or by any person in connection with any investigation or hearing held by the Registrar for the purposes of this Act shall be borne and paid by such persons and in such proportions as the Registrar may think fit. Section 14(2)(a) formulate practice instructions and guidelines for implementation of the land registration policies and strategies; Section 14(2)(b) set standards for the registries; Section 14(2)(c) supervise the registries; Section 14(2)(d) prepare and submit an annual report on the state of land registration to the Commission and the Cabinet Secretary; Section 14(2)(e) hear and determine appeals from the registries; Section 14(2)(f) approve the format of any instrument which is not in accordance with the prescribed form; and Section 14(2)(g) perform such other functions or duties as may be provided under any written law. Section 14(3) The Deputy Chief Land Registrar shall be the principal assistant of the Chief Land Registrar in the execution of the functions of the Chief Land Registrar. Section 14(4) The County Land Registrar shall be responsible for administering the registries within the respective county and in the implementation of policies, guidelines and strategies in accordance with this Act. Section 14(5) The Registrar shall not be held personally liable for lawful acts discharged by the Registrar under this Act in good faith. [Act No. 28 of 2016 , s. 8.] - 15 Verify source ↗
ORGANISATION AND ADMINISTRATION - 15. Cadastral map
The office or authority responsible for the survey of land must prepare and maintain a cadastral map (or series) for every registration unit.
Section 15. Cadastral map Section 15(1) The office or authority responsible for the survey of land shall prepare and thereafter maintain a map or series of maps, to be known as the cadastral map, for every registration unit. Section 15(2) The parcel boundaries on such maps shall be geo-referenced and surveyed to such standards as to ensure compatibility with other documents required under this Act or any other law. - 16 Verify source ↗
ORGANISATION AND ADMINISTRATION - 16. Power to alter boundary lines and to prepare new editions
The office or authority responsible for the survey of land may rectify boundaries shown on the cadastral map and may prepare new editions of the cadastral map, omitting matters considered obsolete.
Section 16. Power to alter boundary lines and to prepare new editions Section 16(1) The office or authority responsible for the survey of land may rectify the line or position of any boundary shown on the cadastral map based on an approved subdivision plan, approved combination plan or any other approved plan necessitating the alteration of the boundary, in the prescribed form, and in accordance with any law relating to subdivision of land that is for the time being in force. Section 16(2) whenever the boundary of a parcel is altered on the cadastral map, the parcel number shall be cancelled and the parcel shall be given a new number. Section 16(3) The office or authority responsible for the survey of land may prepare new editions of the cadastral map or any part thereof, and may omit from the new map any matter that it considers obsolete. Section 16(4) Any rectification to the cadastral map in accordance with this section shall be notified to the Registrar by the submission of the rectified cadastral map and all the approvals that necessitated the amendments. [Act No. 28 of 2016 , s. 9.] - 17 Verify source ↗
ORGANISATION AND ADMINISTRATION - 17. Approval for further surveys
The office responsible for land surveying must submit copies of public-land cadastral maps to the Commission, which is to hold them; the Registrar may keep approved cadastral records in the registry.
Section 17. Approval for further surveys Section 17(1) Further surveys may be made for any purpose connected with this Act, but such surveys shall be used to amend the cadastral map only if it is approved by the office or authority responsible for the survey of land. Section 17(2) This section shall not preclude the Registrar from keeping in the registry records of cadastral information and maps approved by the office or authority responsible for survey. Section 17(3) The office or authority responsible for the survey of land shall submit to the Commission a copy of the cadastral maps relating to public land and the Commission shall be a depository of the maps. [Act No. 28 of 2016 , s. 10.] - 18 Verify source ↗
ORGANISATION AND ADMINISTRATION - 18. Boundaries
The court must not hear boundary disputes for registered land unless the boundaries have been determined under this section; the Registrar may receive evidence about a parcel's boundaries and situation in proceedings concerning the parcel.
Section 18. Boundaries Section 18(1) Except where, in accordance with section 20 , it is noted in the register that the boundaries of a parcel have been fixed, the cadastral map and any filed plan shall be deemed to indicate the approximate boundaries and the approximate situation only of the parcel. Section 18(2) The court shall not entertain any action or other proceedings relating to a dispute as to the boundaries of registered land unless the boundaries have been determined in accordance with this section. Section 18(3) Except where, it is noted in the register that the boundaries of a parcel have been fixed, the Registrar may, in any proceedings concerning the parcel, receive such evidence as to its boundaries and situation as may be necessary: Provided that where all the boundaries are defined under section 19 (3), the determination of the position of any uncertain boundary shall be done as stipulated in the Survey Act (Cap. 299). - 19 Verify source ↗
ORGANISATION AND ADMINISTRATION - 19. Fixed boundaries
The Registrar must notify adjoining owners and occupiers before ascertaining and fixing parcel boundaries, and after hearing registered persons must survey, file a plan and note the register so the plan defines the parcel boundaries.
Section 19. Fixed boundaries Section 19(1) If the Registrar considers it desirable to indicate on a filed plan approved by the office or authority responsible for the survey of land, or otherwise to define in the register, the precise position of the boundaries of a parcel or any parts thereof, or if an interested person has made an application to the Registrar, the Registrar shall give notice to the owners and occupiers of the land adjoining the boundaries in question of the intention to ascertain and fix the boundaries. Section 19(2) The Registrar shall, after giving all persons appearing in the register an opportunity of being heard, cause to be defined by survey, the precise position of the boundaries in question, file a plan containing the necessary particulars and make a note in the register that the boundaries have been fixed, and the plan shall be deemed to accurately define the boundaries of the parcel. Section 19(3) Where the dimensions and boundaries of a parcel are defined by reference to a plan verified by the office or authority responsible for the survey of land, a note shall be made in the register, and the parcel shall be deemed to have had its boundaries fixed under this section. - 20 Verify source ↗
ORGANISATION AND ADMINISTRATION - 20. Maintenance of boundaries
Proprietors of land must keep boundary markers and related features in good order; the Registrar may order demarcation and assign maintenance responsibility; failure to comply or to maintain when ordered is an offence punishable by a fine not exceeding two hundred thousand shillings.
Section 20. Maintenance of boundaries Section 20(1) Every proprietor of land shall maintain in good order the fences, hedges, stones, pillars, beacons, walls and other features that demarcate the boundaries, pursuant to the requirements of any written law. Section 20(2) The Registrar may in writing, order the demarcation within a specified time of any boundary mark, and any person who fails to comply with such an order commits an offence and is liable on conviction to a fine not exceeding two hundred thousand shillings. Section 20(3) The Registrar may in writing, order which of adjoining proprietors shall be responsible for the care and maintenance of any feature demarcating a common boundary, and any proprietor so ordered to be responsible for the care and maintenance of the boundary feature who allows the boundary feature or any part of it to fall into disrepair, be destroyed or removed commits an offence and is liable on conviction to a fine not exceeding two hundred thousand shillings. - 21 Verify source ↗
ORGANISATION AND ADMINISTRATION - 21. Interference with boundary features
Anyone must not deface, remove, injure or otherwise impair a boundary feature; doing so is an offence punishable by up to two years' imprisonment or a fine up to two hundred thousand shillings, and convicted persons must pay the cost of restoration.
Section 21. Interference with boundary features Section 21(1) Any person who defaces, removes, injures or otherwise impairs a boundary feature or any part of it unless authorized to do so by the Registrar commits an offence and is liable on conviction to imprisonment for a term not exceeding two years or to a fine not exceeding two hundred thousand shillings or to both. Section 21(2) Any person convicted of an offence under subsection (1), whether or not any penalty is imposed upon the person, is liable to pay the cost of restoring the boundary feature, and the cost shall be recoverable as a civil debt by any person who is responsible under this section for the maintenance of the feature. - 22 Verify source ↗
ORGANISATION AND ADMINISTRATION - 22. Combinations and subdivisions
The Registrar may combine contiguous parcels owned by the same proprietor on application and subject to authentication of the cadastral map; the Registrar must divide a parcel into new parcels on application and authenticated cadastral map; nothing under this section may be inconsistent with this Act or any other written law.
Section 22. Combinations and subdivisions Section 22(1) Subject to authentication of the cadastral map, if contiguous parcels are owned by the same proprietor and are subject in all respects to the same rights and obligations, the Registrar, on application by the proprietor, may combine these parcels by closing the registers relating to them and opening a new register or registers in respect of the parcel or parcels resulting from the combination. Section 22(2) Upon the application of a proprietor of a parcel for the division of that parcel into two or more parcels, and authentication of the cadastral map, the Registrar shall effect the division by closing the register relating to the parcel and opening new registers in respect of the new parcels resulting from the division, and recording in the new registers all subsisting entries appearing in the closed register: Provided that nothing shall be done under this section that would be inconsistent with the provisions of this Act or any other written law. - 23 Verify source ↗
ORGANISATION AND ADMINISTRATION - 23. Reparcellation
If the Registrar deems a proposed reparcellation involves substantial ownership changes, the Registrar shall direct the proprietors; upon reparcellation new parcels vest in the registered persons.
Section 23. Reparcellation Section 23(1)(a) cancel the registers relating to those parcels and prepare new registers in accordance with the new edition of the cadastral map; or Section 23(1)(b) refuse to effect the reparcellation if the Registrar considers that the proposed reparcellation involves substantial changes of ownership, which should be effected by transfers without invoking this section, in which case, the Registrar shall direct the proprietors accordingly. Section 23(2) Upon reparcellation, the new parcels shall vest in the persons in whose names they are registered. - 24 Verify source ↗
ORGANISATION AND ADMINISTRATION - 24. Interest conferred by registration
Registration of a person as proprietor of land vests in that person the absolute ownership of the land and its associated rights and privileges.
Section 24. Interest conferred by registration Section the registration of a person as the proprietor of land shall vest in that person the absolute ownership of that land together with all rights and privileges belonging or appurtenant thereto; and - 25 Verify source ↗
ORGANISATION AND ADMINISTRATION - 25. Rights of a proprietor
A proprietor is entitled to the leases, charges and other encumbrances and conditions shown in the register, and to liabilities, rights and interests affecting the same as declared by section 28 (unless the register expresses the contrary).
Section 25. Rights of a proprietor Section 25(1)(a) to the leases, charges and other encumbrances and to the conditions and restrictions, if any, shown in the register; and Section 25(1)(b) to such liabilities, rights and interests as affect the same and are declared by section 28 not to require noting on the register, unless the contrary is expressed in the register. Section 25(2) Nothing in this section shall be taken to relieve a proprietor from any duty or obligation to which the person is subject to as a trustee. - 26 Verify source ↗
ORGANISATION AND ADMINISTRATION - 26. Certificate of title to be held as conclusive evidence of proprietorship
A certificate of title is conclusive evidence of proprietorship; a certified copy signed and sealed by the Registrar is received in evidence like the original.
Section 26. Certificate of title to be held as conclusive evidence of proprietorship Section 26(1)(a) on the ground of fraud or misrepresentation to which the person is proved to be a party; or Section 26(1)(b) where the certificate of title has been acquired illegally, unprocedurally or through a corrupt scheme. Section 26(2) A certified copy of any registered instrument, signed by the Registrar and sealed with the Seal of the Registrar, shall be received in evidence in the same manner as the original. - 27 Verify source ↗
ORGANISATION AND ADMINISTRATION - 27. Transfer without valuable consideration
When registered, a transfer made without valuable consideration has the same effect as a transfer for valuable consideration.
Section 27. Transfer without valuable consideration Section 27(1)(a) any unregistered rights or interests subject to which the transferor held it; and Section 27(1)(b) the provisions of the Insolvency Act (Cap. 53) so far as they are applicable in the circumstances. Section 27(2) When registered, such a transfer has the same effect as a transfer for valuable consideration. [Act No. 19 of 2015 , s. 173.] - 28 Verify source ↗
ORGANISATION AND ADMINISTRATION - 28. Overriding interests
Section 28 was deleted by Act No. 28 of 2016, s. 11(a).
Section 28. Overriding interests Section deleted by Act No. 28 of 2016, s. 11(a) ; - 29 Verify source ↗
ORGANISATION AND ADMINISTRATION - 29. Actual notice
Actual notice
Section 29. Actual notice - 30 Verify source ↗
ORGANISATION AND ADMINISTRATION - 30. Certificate of title and Certificate of lease
The Registrar may issue a certificate of title or lease on request by a registered proprietor or where no certificate exists, in the prescribed form showing subsisting register entries.
Section 30. Certificate of title and Certificate of lease Section 30(1) The Registrar may, if requested by a proprietor of land whose name appears in the register or a lease where no certificate of title or certificate of lease has been issued, issue to him or her a certificate of title or a certificate of lease, as the case may be, in the prescribed form showing, if so required by the proprietor, all subsisting entries in the register affecting that land or lease. Section 30(2)(a) only one certificate of title or certificate of lease shall be issued in respect of each parcel or lease; and Section 30(2)(b) no certificate of title or certificate of lease shall be issued unless the lease is for a certain period exceeding twenty-one years. Section 30(3) A certificate of title or certificate of lease shall be prima facie evidence of the matters shown in the certificate, and the land or lease shall be subject to all entries in the register. Section 30(4) If there is more than one proprietor, unless they are tenants in common, the proprietors shall agree among themselves on which of them shall receive the certificate of title or the certificate of lease, and if they fail to agree, the certificate of title or the certificate of lease shall be filed in the registry. Section 30(5) The date of issue of a certificate of title or certificate of lease shall be noted in the register. [Act No. 28 of 2016 , s. 12.] - 31 Verify source ↗
ORGANISATION AND ADMINISTRATION - 31. Production of certificate
If a certificate of title or lease has been issued, it must be produced on registration of any dealing with the land or lease unless it is filed in the registry or the Registrar dispenses with its production; where the certificate shows all subsisting entries a note of the registration shall be made on it.
Section 31. Production of certificate Section 31(1) If a certificate of title or a certificate of lease has been issued, then, unless it is filed in the registry or the Registrar dispenses with its production, it shall be produced on the registration of any dealing with the land or lease to which it relates, and, if the certificate of title or the certificate of lease shows all subsisting entries in the register, a note of the registration shall be made on the certificate of title or the certificate of lease. Section 31(2) Where the disposition is a transfer, the certificate shall, when produced, be cancelled, and in that case a new certificate may be issued to the new proprietor. Section 31(3) Where the disposition is a charge, the certificate shall be delivered to the chargee. - 32 Verify source ↗
ORGANISATION AND ADMINISTRATION - 32. Dispositions of leases and charges
When a disposition of a lease or charge is registered, the Registrar must note particulars of the disposition on the lease or charge and on the duplicate.
Section 32. Dispositions of leases and charges Section On the registration of any disposition of a lease or charge, the original and the duplicate of the lease or charge shall, unless the Registrar is satisfied that they cannot be produced, be produced to the Registrar, who shall note particulars of the disposition on the lease or charge and on the duplicate. - 33 Verify source ↗
ORGANISATION AND ADMINISTRATION - 33. Lost or destroyed certificates and registers
If a certificate of title or lease is lost or destroyed, the proprietor may apply for a replacement and must produce evidence; the Registrar must require statutory declarations, may issue a replacement after notice and a 60‑day waiting period, and has powers to reconstruct lost registers after giving 60 days' notice.
Section 33. Lost or destroyed certificates and registers Section 33(1) Where a certificate of title or certificate of lease is lost or destroyed, the proprietor may apply to the Registrar for the issue of a replacement certificate of title or certificate of lease, and shall produce evidence to satisfy the Registrar of the loss or destruction of the previous certificate of title or certificate of lease. Section 33(2) The Registrar shall require a statutory declaration to be made by all the registered proprietors, and in the case of a company, the director, where property has been charged, the chargee that the certificate of title or a certificate of lease has been lost or destroyed. Section 33(3) If the Registrar is satisfied with the evidence proving the destruction or loss of the certificate of title or certificate of lease, and after the publication of such notice in the Gazette and in any two local newspapers of nationwide circulation, the Registrar may issue a replacement certificate of title or certificate of lease upon the expiry of sixty days from the date of publication in the Gazette or circulation of such newspapers; whichever is first. Section 33(4) If a lost certificate of title or certificate of lease is found, it shall be delivered to the Registrar for cancellation. Section 33(5) The Registrar shall have powers to reconstruct any lost or destroyed land register after making such enquiries as may be necessary and after giving due notice of sixty days in the Gazette. Section 33(6) Upon the issue of a replacement certificate no further dealings shall be carried out using the replaced certificate. [Act No. 28 of 2016 , s. 13.] - 34 Verify source ↗
ORGANISATION AND ADMINISTRATION - 34. Searches and copies
A person requesting an official search for any parcel is entitled to receive register particulars, certified copies, and the cadastral map or plan upon payment of the prescribed fee.
Section 34. Searches and copies Section A person who requires an official search in respect of any parcel, shall be entitled to receive particulars of the subsisting entries in the register, certified copies of any document, the cadastral map, or plan filed in the registry upon payment of the prescribed fee. - 35 Verify source ↗
ORGANISATION AND ADMINISTRATION - 35. Evidence
Documents signed by the Registrar are presumed genuine; certified copies/extracts by the Registrar are prima facie evidence; register entries are conclusive evidence; court process to compel production of registers or plans requires leave and will not be granted if a certified copy will suffice, and any such process must state it is issued with the court's leave.
Section 35. Evidence Section 35(1) Every document purporting to be signed by a Registrar shall, in all proceedings, be presumed to have been so signed unless the contrary is proved. Section 35(2) Every copy of or extract from a document certified by the Registrar to be a true copy or extract shall, in all proceedings, be received as prima facie evidence of the contents of the document. Section 35(3) Every entry or note in or on any register, cadastral map or filed plan shall be received in all proceedings as conclusive evidence of the matter or transaction that it records. Section 35(4) No process for compelling the production of the register, or of the cadastral map, or of any filed instrument or plan, shall issue from any court except with the leave of that court, which leave shall not be granted if a certified copy or extract will suffice, and any such process, if issued, shall bear thereon a statement that it is issued with the leave of the court. - 6 Verify source ↗
ORGANISATION AND ADMINISTRATION - 6. Registration units
The Cabinet Secretary, consulting the Commission and county governments, must by order in the Gazette constitute land registration units and may vary their limits; orders must be published in the Gazette and two nationwide daily newspapers; the land survey authority may alter sections or blocks and must inform the Registrar; county governments are entitled to access documents in registration units for administration and land management.
Section 6. Registration units Section 6(1) For the purposes of this Act, the Cabinet Secretary in consultation with the Commission and the county governments shall, by order in the Gazette, constitute an area or areas of land to be a land registration unit and may at any time vary the limits of any such units. Section 6(2) Every registration unit shall be divided into registration sections, which shall be identified by distinctive names, and may be further divided into blocks, which shall be given distinctive numbers or letters or combinations of numbers and letters. Section 6(3) The parcels in each registration section or block shall be numbered consecutively, and the name of the registration section and the number and letter of the block, if any, and the number of the parcel shall together be a sufficient reference to any parcel. Section 6(4) The office or authority responsible for land survey may, at any time, cause registration sections or blocks to be combined or divided, or cause their boundaries to be varied, and immediately inform the Registrar of the changes. Section 6(5) Any order by the Cabinet Secretary under this section shall be published in the Gazette and in at least two daily newspapers of nationwide circulation. Section 6(6) The land registration units shall be established at county level and at such other levels to ensure reasonable access to land administration and registration services. Section 6(7) For purposes of administration and effective land management, the county governments shall have access to all documents maintained in the registration units. [Act No. 28 of 2016 , s. 3.] - 7 Verify source ↗
ORGANISATION AND ADMINISTRATION - 7. Land registry
Section 7 establishes the land registry components; the Cabinet Secretary sets forms and geo-referencing dates; the Registrar must, upon payment of the prescribed fee, make registry information accessible to any person; and the Registrar may open new register editions and cancel entries that have ceased to have effect.
Section 7. Land registry Section 7(1)(a) a land register, in the form to be determined by the Cabinet Secretary; Section 7(1)(b) the cadastral map; Section 7(1)(c) parcel files containing the instruments and documents that support subsisting entries in the land register; Section 7(1)(d) any plans which shall, after a date appointed by the Cabinet Secretary, be geo-referenced; Section 7(1)(e) the presentation book, in which shall be kept a record of all applications numbered consecutively in the order in which they are presented to the registry; Section 7(1)(f) an index, in alphabetical order, of the names of the proprietors; and Section 7(1)(g) a register and a file of powers of attorney. Section 7(2) The Registrar shall, upon payment of the prescribed fee, make information in the land registry accessible to any person. Section 7(3) In establishing the land registry, the Cabinet Secretary, shall be guided by the principles of devolution set out in Articles 174 and 175 of the Constitution. Section 7(4)(a) the property section; Section 7(4)(b) the proprietorship section; Section 7(4)(c) the encumbrance section; Section 7(4)(d) the user of the land; and Section 7(4)(e) any other feature required under any law or otherwise considered necessary by the Cabinet Secretary. Section 7(5) Registration shall be effected by an entry in the register in such form as may from time to time be prescribed by the Cabinet Secretary, and by cancellation of the entry, if any, which it replaces. Section 7(6) Subject to the provisions of this Act, the Registrar may at any time, open a new edition of a register showing only the subsisting entries and omitting therefrom all entries that have ceased to have effect. Section 7(7) The Registrar may cancel any entry in the register which have ceased to have effect. [Act No. 28 of 2016 , s. 4.] - 8 Verify source ↗
ORGANISATION AND ADMINISTRATION - 8. Community Land Register
Section 8 requires certain entries for a Community Land Register and directs the Registrar to issue prescribed certificates; it also prohibits the Registrar from registering instruments disposing of community land except as provided by law, and excludes unregistered community land held in trust by county governments under Article 63(3).
Section 8. Community Land Register Section 8(1)(a) a cadastral map showing the extent of the community land and identified areas of common interest; Section 8(1)(b) the name of the community identified in accordance with Article 63(1) of the Constitution and any other law relating to community land; Section 8(1)(c) a register of members of the community; Section 8(1)(d) the user of the land; Section 8(1)(e) the identity of those members registered as group representatives; Section 8(1)(f) the names and identity of the members of the group; and Section 8(1)(g) any other requirement as shall be required under the law relating to community land. Section 8(2) The Registrar shall issue a certificate of title or certificate of lease in the prescribed form. Section 8(3) The Registrar shall not register any instrument purporting to dispose of rights or interest in community land except in accordance with the law relating to community land. Section 8(4) For the avoidance of doubt the provisions in this section shall not apply to unregistered community land held in trust by county governments on behalf of communities under Article 63(3) of the Constitution. - 9 Verify source ↗
ORGANISATION AND ADMINISTRATION - 9. Maintenance of documents
The Registrar may determine any other particulars to be maintained in the register; the section lists types of documents and particulars to be kept (publications, electronic files, integrated land resource register; proprietor and corporate details; parcel details; passport/contact details).
Section 9. Maintenance of documents Section 9(1)(a) publications, or any matter written, expressed, or inscribed on any substance by means of letters, figures or marks, or by more than one of those means, that may be used for the purpose of recording that matter; Section 9(1)(b) electronic files; and Section 9(1)(c) an integrated land resource register. Section 9(2)(a) name, personal identification number, national identity card number, and address of the proprietor; Section 9(2)(b) in the case of a body corporate, name, postal and physical address, certified copy of certificate of incorporation, personal identification numbers and passport size photographs of persons authorized and where necessary attesting the affixing of the common seal; Section 9(2)(c) names and addresses of the previous proprietors; Section 9(2)(d) size, location, user and reference number of the parcel; Section 9(2)(da) passport number, telephone number and email address, where applicable; and Section 9(2)(e) any other particulars as the Registrar may, from time to time, determine.
Part III
DISPOSITION AFFECTING LAND
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DISPOSITION AFFECTING LAND - 36. Dispositions and dealings affecting land
Rules on dispositions and dealings affecting land: registration formalities control the effect of leases, charges and interests; unregistered instruments may still operate as contracts; late registration attracts additional fees; priorities depend on order of presentation; suspension period of 14 days on official search; instruments posted are deemed presented at office closing/opening times; Registrar rejects registrations when presentation priority is doubtful; instruments presented within suspension get priority; unregistered instruments on commencement must be registered within three months.
Section 36. Dispositions and dealings affecting land Section 36(1) A lease, charge or interest in land shall not be disposed of or dealt with except in accordance with this Act, and any attempt to dispose of any lease, charge or interest in land otherwise than in accordance with this Act or any other law, shall not, extinguish, transfer, vary or affect any right or interest in that land, or in the land, lease or charge. Section 36(2) Nothing in this section shall be construed as preventing any unregistered instrument from operating as a contract. Section 36(3)(a) shall apply to contracts by correspondence, subject to any modification or any stipulation or any intention to the contrary expressed in the correspondence; and Section 36(3)(b) may be made to apply to any other cases for which the terms and conditions are made available, where express reference is made to those terms and conditions. Section 36(4) Where an instrument presented for registration later than three months from the date of the instrument, then, as well as registration fee, and additional fee equal to the registration fee shall be payable for each of the three months which have elapsed since that date: Provided that in no such case shall the sum of the additional fees, exceed two times the original registration fees payable. Section 36(5) Interests appearing in the register shall have priority according to the order in which the instruments which led to their registration were presented to the registry, irrespective of the dates of the instruments and notwithstanding that the actual entry in the register may be delayed: Provided that where an instrument is prepared in the registry, it shall be deemed to have been presented on the date which the application was made to the Registrar. Section 36(6) Instruments sent by post or under cover and received during the hours of business shall be deemed to be presented simultaneously immediately before the closing of office that day, and instruments so sent but received between the time of closing and the next opening of the office for business shall be deemed to be presented simultaneously immediately after such opening. Section 36(7) Where more than one instrument or application are presented on the same day such that in the opinion of the Registrar there is doubt as to their order of priority, the Registrar shall reject the registration and shall inform the applicants of such rejection. Section 36(8) Where any person proposing to deal with registered land has, with the consent in writing of the proprietor, applied for official search and has stated in his application the particulars of the proposed dealing, the registration of any instrument affecting the land to be comprised in or affected by the proposed dealing shall be stayed for a period (hereinafter referred to as the suspension period) of fourteen days from the time at which application for the search was made, and a note shall be made in the register accordingly. Section 36(9) If a properly executed instrument affecting the proposed dealing is presented for registration, within the suspension period, the instrument shall have priority over any other instrument which may be presented for registration during the suspension period, and shall be registered notwithstanding any caution or any other entry for which application for registration may have been made during the suspension period: Provided that upon commencement of the Act, any instrument that shall not have been registered will be required to be so registered within three months. Section 36(10)(a) a lessor and lessee; Section 36(10)(b) chargor and chargee, or Section 36(10)(c) the proprietor of a parcel which is burdened with an easement, a profit or restrictive agreement and the proprietor of a parcel which benefits from the easement, profit and agreement, vests in the same proprietor, - 37 Verify source ↗
DISPOSITION AFFECTING LAND - 37. Transfers
A proprietor may transfer land, a lease or a charge to any person, with or without consideration, by a prescribed instrument or another form approved by the Registrar.
Section 37. Transfers Section 37(1) A proprietor may transfer land, a lease or a charge to any person with or without consideration, by an instrument in the prescribed form or in such other form as the Registrar may in any particular case approve. Section 37(2)(a) filing the instrument; and Section 37(2)(b) registration of the transferee as proprietor of the land, lease or charge. - 38 Verify source ↗
DISPOSITION AFFECTING LAND - 38.[Deleted by Act No. 1 of 2020, s. 22]
Section 38 has been deleted.
Section 38.[Deleted by Act No. 1 of 2020, s. 22] - 39 Verify source ↗
DISPOSITION AFFECTING LAND - 39.[Deleted by Act No. 1 of 2020, s. 23]
Section 39 has been deleted (deleted by Act No. 1 of 2020, s. 23).
Section 39.[Deleted by Act No. 1 of 2020, s. 23] - 40 Verify source ↗
DISPOSITION AFFECTING LAND - 40. Transfer to take effect immediately
A transfer shall not be expressed to take effect on the happening of any event, on the fulfillment of any condition, or at any future time.
Section 40. Transfer to take effect immediately Section A transfer shall not be expressed to take effect on the happening of any event or on the fulfillment of any condition or at any future time. - 41 Verify source ↗
DISPOSITION AFFECTING LAND - 41. Conditions repugnant to interest transferred
Transfers of land must not include conditions that absolutely restrain the transferee (or any other person) from disposing of the transferred interest, or that determine the transferee's interest by the happening or non-happening of a future event; except as otherwise provided in the Act, transfers shall not direct how the land is to be used or enjoyed; this section does not apply to Wakfs.
Section 41. Conditions repugnant to interest transferred Section 41(1)(a) restrain absolutely a transferee or any other person from disposing of the interest transferred; or Section 41(1)(b) determine the interest of the transferee on the happening of any future event or on the failure of any future event to happen. Section 41(2) Except as otherwise provided in this Act, no transfer of land shall contain a direction that the land shall be used or enjoyed by the transferee in a particular manner. Section 41(3) This section does not apply to Wakfs . - 42 Verify source ↗
DISPOSITION AFFECTING LAND - 42. Transfer of part
A proprietor must first subdivide the land and register each new subdivision before any part of the registered land may be transferred.
Section 42. Transfer of part Section No part of the land comprised in a register shall be transferred unless the proprietor has first subdivided the land and duly registered each new subdivision. - 43 Verify source ↗
DISPOSITION AFFECTING LAND - 43. Instruments of dispositions
Instruments effecting dispositions of land must be in the prescribed form; such instruments do not operate to affect land interests until registered, except where a disposition is exempt from registration; the section does not affect contracts for dispositions.
Section 43. Instruments of dispositions Section 43(1) Every instrument effecting a disposition of land under this Act shall be in the form prescribed in relation to that disposition under this Act or any other written law. Section 43(2) No instrument effecting any disposition of an interest in land under this Act shall operate to sell or assign land or create, transfer or otherwise affect any land, lease or charge until it has been registered in accordance with the laws relating to the registration of instruments affecting the land in respect of which the disposition has been made. Section 43(3) The provisions of subsection (2), shall not apply to any disposition that is exempt from registration. Section 43(4) This section shall not apply to or affect the operation of any contract for a disposition under this Act. [Act No. 28 of 2016 , s. 17.] - 44 Verify source ↗
DISPOSITION AFFECTING LAND - 44. Executions of instruments in writing
Every instrument effecting a disposition under this Act must be executed by each of the parties consenting to it; execution by a person consists of appending a signature or affixing a thumbprint or other mark.
Section 44. Executions of instruments in writing Section 44(1) Except as otherwise provided in this Act, every instrument effecting any disposition under this Act shall be executed by each of the parties consenting to it, in accordance with the provisions of this section. Section 44(2) The execution of any instrument referred to in subsection (1), by a person shall consist of appending a person’s signature on it or affixing the thumbprint or other mark as evidence of personal acceptance of that instrument. Section 44(3) The execution of any instrument referred to in section (1) by a corporate body, association, cooperative society or other organisation shall be effected in accordance with the provisions of the relevant applicable law and in the absence of provisions on execution of instruments, the execution shall be effected in the presence of either an advocate of the High Court of Kenya, a magistrate, a Judge or a notary public. Section 44(3A) Where practicable, an instrument processed and executed electronically by persons consenting to it by way of an advanced electronic signature or an electronic signature shall be deemed to be a validly executed document. Section 44(4) An instrument executed outside Kenya shall not be registered unless it has been endorsed or is accompanied by a certificate in the prescribed form completed by a notary public or such other person as the Cabinet Secretary may prescribe. Section 44(5)(a) a copy of an identity card or passport; and Section 44(5)(b) a copy of a Personal Identification Number certificate; Section 44(5)(c) passport-size photographs; Section 44(5)(d) where applicable, a marriage certificate; or Section 44(5)(e) a copy of the certificate of incorporation, in the case of a corporate entity; or Section 44(5)(e) such other identification documents as the Cabinet Secretary may prescribe. - 45 Verify source ↗
DISPOSITION AFFECTING LAND - 45. Verification of execution
Persons executing an instrument must appear before a Registrar (or prescribed officer) and typically be accompanied by a credible witness unless known to the Registrar; the Registrar must identify the person, confirm voluntary execution, and certify it; the Registrar may dispense with appearance in specified circumstances.
Section 45. Verification of execution Section 45(1)(a) appear before the Registrar, public officer or other person as is prescribed; and Section 45(1)(b) be accompanied by a credible witness for the purpose of establishing identity, unless the person is known to the Registrar, public officer or other person. Section 45(2) The Registrar, public officer or other person shall identify the person and ascertain whether the person freely and voluntarily executed the instrument, and shall complete thereon a certificate to that effect. Section 45(3)(a) if the Registrar considers that it cannot be obtained or it can only be obtained only with difficulty and is otherwise satisfied that the document has been properly executed; Section 45(3)(b) if the Registrar knows the document has been properly executed, and shall record on the document the reasons for dispensing with the appearance of the parties; or Section 45(3)(c) if the instrument has been electronically processed and executed by the parties consenting to it. - 46 Verify source ↗
DISPOSITION AFFECTING LAND - 46. Stamping
An instrument required by law to be stamped cannot be accepted for registration unless it is stamped in accordance with the Stamp Duty Act (Cap. 480).
Section 46. Stamping Section An instrument required by law to be stamped shall not be accepted for registration unless it is stamped in accordance with the Stamp Duty Act (Cap. 480). - 47 Verify source ↗
DISPOSITION AFFECTING LAND - 47. Minors
A person under eighteen may have their name entered in the register so the minor's interest can be held in trust; registration does not let that person deal with land, and the Registrar must enter a restriction if they know a child has been registered; a disposal by an undisclosed minor that has been registered cannot be set aside solely for minority.
Section 47. Minors Section 47(1) The name of a person under the age of eighteen years may be entered in the register to enable the minor’s interest to be held in trust and shall be registered under the name of the guardian either on first registration or as a transferee or on transmission. Section 47(2) Nothing in this section enables a person under eighteen years of age to deal with land or any interest in land by virtue of such registration, and, if the Registrar knows a child has been registered, the Registrar shall enter a restriction accordingly. Section 47(3) If a disposition by a minor whose minority has not been disclosed to the Registrar has been registered, that disposition may not be set aside only on the grounds of minority. - 48 Verify source ↗
DISPOSITION AFFECTING LAND - 48. Agents and persons under disability
The Registrar must not accept an instrument executed by an agent unless that agent was authorized by a power of attorney executed and verified in accordance with section 45; a guardian or a person appointed under law may act on behalf of someone under legal incapacity for purposes of this Act.
Section 48. Agents and persons under disability Section 48(1) Except as provided in subsection (3), no instrument executed by any person as agent for any other person shall be accepted by the Registrar unless the person executing it was authorized in that behalf by a power of attorney executed and verified in accordance with section 45 . Section 48(2) The original of a power of attorney or, with the consent of the Registrar, a copy certified by the Registrar shall be filed. Section 48(3) The guardian of a person under a legal incapacity or, if there is no such guardian, a person appointed under some written law to represent that person, may make an application, do any act and be party to any proceeding on behalf of that person, and may generally represent that person for the purposes of this Act. Section 48(4)(a) be satisfied that the person claiming to be the guardian is entitled to execute the document; or Section 48(4)(b) require the production of the appointing instrument of the person, and shall file a note of the explanation to that effect. - 49 Verify source ↗
DISPOSITION AFFECTING LAND - 49. Gift to person under incapacity
Gift to person under incapacity
Section 49. Gift to person under incapacity - 50 Verify source ↗
DISPOSITION AFFECTING LAND - 50. Court orders on prejudicial dispositions
The court may order that prejudicially disposed interests in private land, or their value, be restored for the benefit of unsecured creditors; the order must not increase or prejudice the value of any security held by a creditor over the debtor's interest in land.
Section 50. Court orders on prejudicial dispositions Section The court may order that any interest in private land acquired or received under or through certain prejudicial dispositions of those interests in private land made by a debtor, or the value of those interests in land, be restored for the benefit of unsecured creditors and the order made under this section shall not increase or prejudice the value of any security held by a creditor over the interest in land of the debtor. - 51 Verify source ↗
DISPOSITION AFFECTING LAND - 51. Prejudicial dispositions
Section 51 identifies when a disposition of private land is prejudicial to a creditor (if the disposer cannot pay debts without recourse to the land, or the disposition hinders a creditor’s right of recourse), and provides an exception for dispositions intended to prefer one creditor over another.
Section 51. Prejudicial dispositions Section 51(1)(a) the person making the disposition is unable to pay all their debts without recourse to that private land or any interest in it; and Section 51(1)(b) the disposition hinders, delays or defeats or is intended to hinder, delay or defeat the exercise by a creditor of any right of recourse to land or any interest in land in respect of which that disposition has been made in order to satisfy in whole or in part any debt owed to the creditor by the person making the disposition, subject to subsection (2). Section 51(2) A disposition shall not be deemed to prejudice a creditor if it is made with the intention of preferring one creditor over another. - 52 Verify source ↗
DISPOSITION AFFECTING LAND - 52. Dispositions to prejudice creditors may be set aside
Certain persons (creditors, public officers, national or county governments or public entities responsible for collecting money) may apply to court for an order to set aside a disposition that prejudices creditors; the court must specify compensation and may order remedies including re-assignment of land or holding restored land as trustee for creditors.
Section 52. Dispositions to prejudice creditors may be set aside Section 52(1) A creditor, public officer, national or county government or public entity charged with the responsibility for collection of money owing by any person to the national or county government or any part of may apply to the court under this section for an order of the court to set aside a prejudicial disposition. Section 52(2)(a) specify the land to which it relates; Section 52(2)(b) specify the disposition alleged to be prejudicial; Section 52(2)(c) the person who has made the disposition; Section 52(2)(c)(i) the person who has made the disposition; Section 52(2)(c)(ii) the person in whose favour the disposition has been made; Section 52(2)(c)(iii) any other person involved in the disposition from whom compensation is sought. Section 52(3)(a) to pay any amount of compensation within any time to the applicant which the court shall specify; Section 52(3)(a)(i) to pay any amount of compensation within any time to the applicant which the court shall specify; Section 52(3)(a)(ii) to re-assign a land or a derivative right to the person who has made the prejudicial disposition; or Section 52(3)(a)(iii) to take any other action which the court may specify; or Section 52(3)(b) to hold the restored land through the re-assignment of land or derivative right under subsection (3)(a)(ii) as a trustee for debtor’s creditors; and Section 52(3)(b)(i) to hold the restored land through the re-assignment of land or derivative right under subsection (3)(a)(ii) as a trustee for debtor’s creditors; and Section 52(3)(b)(ii) to deal with the land so held only in accordance with any orders that the court may issue. - 53 Verify source ↗
DISPOSITION AFFECTING LAND - 53. Protection of person receiving land
A person who acquires or receives land in good faith without knowledge that it was subject to a disposition covered by this part (including acquisitions through someone in that position) is protected; 'knowledge' includes actual, constructive and imputed knowledge.
Section 53. Protection of person receiving land Section 53(1)(a) acquired or received in good faith and without knowledge of the fact that it has been the subject of a disposition to which this part applies; or Section 53(1)(b) acquired or received through a person who acquired or received it in the circumstances set out in paragraph (a). Section 53(2) Reference to knowledge in this section shall include actual, constructive and imputed knowledge.
Part IV
LEASES
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LEASES - 54. Registration of Leases
Section 54 sets rules for registration of leases: where a lease contains an agreement that the lessee shall not transfer, sub-let, charge or part with possession without the lessor's written consent that agreement must be noted in the register, and the Registrar must be produced with the lessor's consent before any dealing is registered; the Registrar may, in specified circumstances, dispense with the lessor's consent and must record reasons; the Registrar must register long-term leases and issue certificates of lease for certain properties that are geo-referenced and approved; and the Cabinet Secretary may prescribe regulations for registration of long-term leases.
Section 54. Registration of Leases Section 54(1) Upon the registration of a lease containing an agreement, express or implied, by the lessee that the lessee shall not transfer, sub-let, charge or part with possession of any of the leased land without the written consent of the lessor, the agreement shall be noted in the register of the lease, and no dealing with the lease shall be registered until the consent of the lessor, verified in accordance with this Act has been produced to the Registrar. Section 54(2)(a) where satisfactory evidence is given to the registrar and the Registrar is satisfied that the lessor is dead and that there is no personal representative of the lessor; or Section 54(2)(b) if the Registrar considers that the consent of the lessor or the personal representative, as the case may be, cannot be obtained or that it can only be obtained with difficulty or at an unreasonable expense and shall, after making such enquiries as the Registrar may consider necessary in the circumstances, record on the document his or her reasons for dispensing with the consent and note as such in the register; Section 54(2)(c) on any of the grounds set out under section 39(4). Section 54(3) The registration of interests in land under the law relating to sectional properties shall be carried out in the manner prescribed under that Act. Section 54(4) The land register maintained under section 7 of this Act shall be deemed to be the land register for purposes of the Sectional Properties Act (Cap. 286). Section 54(5) The Registrar shall register long-term leases and issue certificates of lease over apartments, flats, maisonettes, townhouses or offices having the effect of conferring ownership, if the property comprised is properly geo-referenced and approved by the statutory body responsible for the survey of land. Section 54(6) The Cabinet Secretary may prescribe regulations for the registration of long term-leases. [Act No. 28 of 2016 , s. 19.] - 55 Verify source ↗
LEASES - 55. Lessor’s consent to dealing with leases
Where the consent of the lessor has been produced to, and authenticated to the satisfaction of the Registrar, the Registrar shall not register any instrument purporting to transfer or create any interest in that land.
Section 55. Lessor’s consent to dealing with leases Section the consent of the lessor has been produced to, and authenticated to the satisfaction of the Registrar and the Registrar shall not register any instrument purporting to transfer or create any interest in that land; and
Part IX
CO-TENANCY AND PARTITION
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CO-TENANCY AND PARTITION - 91. Meaning and incidents of co-tenancies
Sets out what co-tenancy means; presumes tenants in common in equal shares when a transfer instrument is silent; specifies rights, transfer restrictions and procedures for joint tenants and tenants in common; allows the Registrar to dispense with required written consent in certain circumstances and permits aggrieved persons to apply to Court.
Section 91. Meaning and incidents of co-tenancies Section 91(1) In this Act, co-tenancy means the ownership of land by two or more persons and includes joint tenancy or tenancy in common. Section 91(2) Except as otherwise provided in any written law, where the instrument of transfer of an interest of land to two or more persons does not specify the nature of their rights there shall be a presumption that they hold the interest as tenants in common in equal shares. Section 91(3)(a) whether those persons are joint tenants or tenants in common; and Section 91(3)(b) the share of each tenant, if they are tenants in common. Section 91(4)(a) dispositions may be made only by all the joint tenants; Section 91(4)(b) on the death of a joint tenant, that tenant’s interest shall vest in the surviving tenant or tenants jointly; and Section 91(4)(c) each joint tenant may transfer their interest inter vivos to all the other tenants but to no other person, and any attempt to so transfer an interest to any other person shall be void. Section 91(5) If any land, lease or charge is owned in common, each tenant shall be entitled to an undivided share in the whole and on the death of a tenant, the deceased’s share shall be treated as part of their estate. Section 91(6) No tenant in common shall deal with their undivided share in favour of any person other than another tenant in common, except with the consent in writing, of the remaining tenants, but such consent shall not be unreasonably withheld. Section 91(7) Joint tenants, not being trustees, may execute an instrument in the prescribed form signifying that they agree to sever the joining ownership and the severance shall be complete by registration in the prescribed register of the joint tenants and tenants in common. Section 91(8) The Registrar may upon receipt of adequate proof dispense with the consent under subsection (6) if the Registrar considers that the consent cannot be obtained or is being withheld unreasonably and the Registrar shall note on the register and on the instrument the reasons for dispensing with the consent. Section 91(9) A person who is aggrieved by the decision of the Registrar may apply to the Court for the necessary orders. [Act No. 28 of 2016 , s. 29.] - 92 Verify source ↗
CO-TENANCY AND PARTITION - 92. Certificate of ownership of co-tenants
Each co-tenant is entitled to receive a copy of the certificate of title; the Registrar must, on application in the prescribed form, issue such a copy with an endorsement and must note the issue and date in the register; a designated co-tenant shall be provided the original title.
Section 92. Certificate of ownership of co-tenants Section 92(1) Each co-tenant of land shall be entitled to receive a copy of the certificate of title of that land. Section 92(2) The Registrar, on application by co-tenant in the prescribed form, shall issue a copy of the certificate of ownership to that co-tenant, with an endorsement signed by the Registrar that the copy has been issued to the co-tenant named in the endorsement. Section 92(3) The Registrar shall note the issue of the copy of the certificate of ownership, in the register, and indicate the date of the issue of the copy and the co-tenant in whose name the copy has been issued. Provided that a designated co-tenant shall be provided with the original title to the land. [Act No. 28 of 2016 , s. 30.] - 93 Verify source ↗
CO-TENANCY AND PARTITION - 93. Co-ownership and other relationships between spouses
If a spouse acquires an interest in land during the marriage for co-ownership and use by the spouses, that property is deemed matrimonial property and is to be dealt with under the Matrimonial Property Act (Cap. 152).
Section 93. Co-ownership and other relationships between spouses Section Subject to any written law to the contrary, if a spouse obtains an interest in land during the subsistence of a marriage for the co-ownership and use of both spouses or all spouses, such property shall be deemed to be matrimonial property and shall be dealt with under the Matrimonial Property Act (Cap. 152). [Act No. 28 of 2016 , s. 31.] - 94 Verify source ↗
CO-TENANCY AND PARTITION - 94. Partition
Tenants in common may apply to the Registrar for partition (with consent of all) and certain tenants or persons may apply without consent; the Registrar must effect partition in accordance with an agreement and may impose conditions including compensation; aggrieved co-tenants may seek Court review.
Section 94. Partition Section 94(1) Any of the tenants in common may, with the consent of all the tenants in common, make an application, in the prescribed form, to the Registrar for the partition of land occupied in common and subject to the provisions of this Act and of any other written law applying to or requiring consent to a sub-division of land and of any covenants or conditions in a certificate of title or certificate of lease, the Registrar shall effect the partition of the land in accordance with the agreement of the tenants in common. Section 94(2)(a) any one or more of the tenants in common without the consent of all the tenants in common; or Section 94(2)(b) any person in whose favour an order has been made for the sale of an undivided share in the land in execution of a decree. Section 94(3)(a) whether the provisions of this Act, any other written law regulating the subdivision of land and any covenants and conditions in a land have been or will be complied with if the partition is effected; Section 94(3)(b) the nature and location of the land; Section 94(3)(c) the number of tenants in common and the extent of their respective shares particularly, the extent of the share of any tenant in common by whom or on whose behalf the application has been made; Section 94(3)(d) the value of any contribution made by any tenant in common to the cost of improvements to or the maintenance of the land or buildings occupied in common; Section 94(3)(e) where the tenants in common are spouses or the tenants in common who do not agree on the partition are dependants of or related to the tenants in common, whether the interests of those tenants in common who have not agreed to the partition have been or will be adequately provided for as a consequence of or after the partition is effected, and particularly, a spouse or dependants of the tenant in common who is applying for the partition will not be rendered homeless by the partition; Section 94(3)(f) in respect of an application made by a person referred to in subsection (2)(b), whether the interests of the spouse or any dependants of the tenant in common whose share is to be sold in execution of a judgment or decree, will be adequately catered for and particularly, any spouse or dependants will not be rendered homeless by the sale; Section 94(3)(g) if the tenants in common are pastoralists, whether the tenants in common who have not agreed to the partition will, after the partition, still retain grazing rights, including grazing rights created by an easement in the partitioned land, to sufficient land of the quality and nature and in the location customarily used by those pastoralists; Section 94(3)(h) the proper development and use of the land and whether it may be adversely affected by the partition applied for; Section 94(3)(i) the hardship that would be caused to the applicant or applicants by the refusal to an order in comparison with the hardship that would be caused to any other person by making the order; and Section 94(3)(j) any other matters that the Registrar considers relevant. Section 94(4) The Registrar may make the order for partition subject to such limitations and conditions, including conditions relating to the payment of compensation to those tenants in common who have not agreed to the partition, by the tenants in common who have applied for the partition and how the expenses and costs of the partition are to be borne, as the Registrar may consider just and reasonable. Section 94(5) Any co-tenant aggrieved by the decision of the Registrar may apply to the Court for a review of that decision. [Act No. 28 of 2016 , s. 32.] - 95 Verify source ↗
CO-TENANCY AND PARTITION - 95. Ancillary powers of Registrar in connection with partition
Registrar has ancillary powers in partition: may add or distribute a tenant's share, must consider proportions just and reasonable in default of agreement, may secure payable sums by charge, and can cause values to be assessed and ordered paid to affected tenants.
Section 95. Ancillary powers of Registrar in connection with partition Section 95(1)(a) add that share to the share of any other tenant in common; or Section 95(1)(b) distribute that share amongst two or more other tenants in common in any proportion that, in default of agreement, the Registrar shall consider just and reasonable; and cause the value of the share added or distributed to be assessed and order that there be paid to the tenant in common of that share by each tenant in common who has received an addition to his or her share, the value of that addition. Section 95(2) If any sum is payable under subsection (1)(b), the Registrar may order that sum be secured by way of a charge on the share of the tenant or tenants in common liable to pay that sum. - 96 Verify source ↗
CO-TENANCY AND PARTITION - 96. Sale of co-owned land
Section 96 directs the court to order valuation and sale (or other disposition) of co-owned land and gives tenants in common the right to purchase offered shares.
Section 96. Sale of co-owned land Section 96(1)(a) cause a valuation of the land and of the shares of the tenants in common to be undertaken; and Section 96(1)(b) order the sale of the land or the separation and sale of the shares of the tenants in common by public auction or any other means which appears suitable to the court; or Section 96(1)(c) make any other order to dispose of the application which the court considers fair and reasonable, Section 96(2) The court shall, in exercising its powers under paragraphs (b) and (c), have regard to any of the matters set out in section 94 (3)(a) to (f) that may be relevant in the circumstances. Section 96(3) A tenant in common shall be entitled to purchase the land or any share of it that is offered for sale, either at an auction or at any time by private sale. - 97 Verify source ↗
CO-TENANCY AND PARTITION - 97. Partition subject to lender’s consent
A partition of land or lease held by tenants in common that is subject to a charge must not be registered by the Registrar unless the lender’s written consent is produced to the Registrar.
Section 97. Partition subject to lender’s consent Section 97(1) If any undivided share in land or a lease held by tenants in common is subject to a charge, a partition of that land or lease shall not be registered by the Registrar unless the lender’s written consent is produced to the Registrar. Section 97(2) If a partition referred to in this section takes place with the consent of the lender, the land appropriated to the borrower shall, for all purposes, be deemed to be subject to the charge as if it had originally been comprised by it and the land appropriated to the other tenants in common shall be released from the charge.
Part V
CHARGES
- 56 Verify source ↗
CHARGES - 56. Form and effect of Charges
Proprietors may create charges on land by prescribed instrument; the chargor must sign an acknowledgement; the Registrar must not register a charge unless a land rent clearance certificate and consent are presented or the land is freehold; parties may include provisions for applying sale proceeds to meet periodic payments.
Section 56. Form and effect of Charges Section 56(1) A proprietor may by an instrument, in the prescribed form, charge any land or lease to secure the payment of an existing, future or a contingent debt, other money or money’s worth, or the fulfillment of a condition and, unless the chargee’s remedies have been by instrument, expressly excluded, the instrument shall, contain a special acknowledgement that the chargor understands the effect of that section, and the acknowledgement shall be signed by the chargor or, where the chargor is a corporation, the persons attesting the affixation of the common seal. Section 56(2) A date for the repayment of the money secured by a charge may be specified in the charge instrument, and if no such date is specified or repayment is not demanded by the charge on the date specified, the money shall be deemed to be repayable three months after the service of a demand, a written, by the chargee. Section 56(3) The charge shall be completed by its registration as an encumbrance and the registration of the person in whose favour it is created as its proprietor and by filing the instrument. Section 56(4) The Registrar shall not register a charge, unless a land rent clearance certiticate, certifying that no rent is owing in respect of the land, and the consent to charge has been presented, or unless the land is freehold. Section 56(5) A charge shall have effect as a security only and shall not operate as a transfer. Section 56(5A)(a) a unit in a condominium; Section 56(5A)(b) an office in a building; or Section 56(5A)(c) a sub-lease where the lease is by virtue of any law subject to the full payment of the rent by the head-lessor. Section 56(6) There shall be included, in an instrument of charge, securing the fulfillment of a condition or the payment of an annuity or other periodical payment not of the nature of interest on a capital sum, such provisions as the parties think fit for disposing, subject to application of purchase money by the charge, of the money which may arise on the exercise by the chargee's power of sale, either by setting aside the proceeds of sale or part thereof and investing it to make the future periodical payments, or by payment to the chargee of such proceeds or part thereof to the extent of the estimated capital value of the chargee’s interest, or otherwise. [Act No. 28 of 2016 , s. 21.] - 57 Verify source ↗
CHARGES - 57. Second and subsequent charge
A proprietor whose land or lease is subject to a charge may create a second or subsequent charge in the same manner as the first; sales under such charges must be subject to prior charges unless those charges have been discharged; consent of the first chargee must be obtained before creating a subsequent charge.
Section 57. Second and subsequent charge Section 57(1) A proprietor whose land or lease is subject to a charge may create a second or subsequent charge in the same manner as the first charge and the same provisions shall apply, but any sale under the power expressed or implied in any such charge shall be expressed to be subject to all prior charges unless all those charges have been discharged. Section 57(2) Where a second or subsequent charge is to be created, the consent of the first chargee's shall be obtained before the second or subsequent charge is created. [Act No. 28 of 2016 , s. 22.] - 58 Verify source ↗
CHARGES - 58. Statutory charge
This Part does not override any Act that allows registration of a notification or note for a sum of money owed to a public body.
Section 58. Statutory charge Section Nothing in this Part shall affect the provisions of any Act that provides for the registration of a notification or note in respect of any sum of money owing to a public body. - 59 Verify source ↗
CHARGES - 59. Lender’s consent to transfer
Borrowers must not transfer, assign or lease the charged land without the lender's consent; the Registrar must not register such transfers/assignments/leases/subleases until the lender's written consent is produced to the Registrar.
Section 59. Lender’s consent to transfer Section If a charge contains a condition, express or implied by the borrower that the borrower will not, without the consent of the lender, transfer, assign or lease the land or in the case of a lease, sublease, no transfer, assignment, lease or sublease shall be registered until the written consent of the lender has been produced to the Registrar.
Part VI
TRANSMISSIONS AND TRUSTS
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TRANSMISSIONS AND TRUSTS - 60. Transmission on death of joint proprietor
If a joint tenant dies, the Registrar must delete the deceased tenant's name from the register upon proof of death by registering the death certificate.
Section 60. Transmission on death of joint proprietor Section If any of the joint tenants of any land, lease or charge dies, the Registrar shall, upon proof of the death, delete the name of the deceased tenant from the register by registering the death certificate. - 61 Verify source ↗
TRANSMISSIONS AND TRUSTS - 61. Transmission on death of a sole proprietor or proprietor in common
A deceased proprietor's personal representative is entitled to be registered by transmission as proprietor in place of the deceased if they apply to the Registrar in the prescribed form and produce the grant.
Section 61. Transmission on death of a sole proprietor or proprietor in common Section 61(1) If a sole proprietor or a proprietor in common dies, the proprietor’s personal representative shall, on application to the Registrar in the prescribed form and on the production to the Registrar of the grant, be entitled to be registered by transmission as proprietor in the place of the deceased with the addition after the representative’s name of the words "as executor of the will of ......................... [deceased]" or "as administrator of the estate of ........................................ [deceased]", as the case may be. Section 61(2)(a) any transfer by the personal representative; and Section 61(2)(b) any surrender of a lease or discharge of a charge by the personal representative. Section 61(3) In this section, "grant" means the grant of probate of the will, the grant of letters of administration of the estate or the grant of summary administration of the estate in favour of or issued by the Public Trustee, as the case may be, of the deceased proprietor. - 62 Verify source ↗
TRANSMISSIONS AND TRUSTS - 62. Effect of transmission on death
When a proprietor dies, the personal representative or person beneficially entitled must hold the land, lease or charge subject to the deceased’s unregistered but enforceable liabilities, rights and interests; for dealings, that person is treated as if registered as proprietor with the rights given to a proprietor who acquired for valuable consideration.
Section 62. Effect of transmission on death Section 62(1) Subject to any restriction on a person’s power of disposing of any land, lease or charge contained in an appointment, the personal representative or the person beneficially entitled on the death of the deceased proprietor, as the case may be, shall hold the land, lease or charge subject to any liabilities, rights or interests that are unregistered but enforceable and subject to which the deceased proprietor held the land, lease or charge, but for the purpose of any dealing the person shall be deemed to have been registered as proprietor of the land lease or chage with all the rights conferred by this Act on a proprietor who has acquired land, a lease or a charge, as the case may be, for valuable consideration. Section 62(2) The registration of a person as provided in section 61 , shall relate back to and take effect from the date of the death of the proprietor. - 63 Verify source ↗
TRANSMISSIONS AND TRUSTS - 63. Transmission on bankruptcy
When a certified court order showing a proprietor is bankrupt (or that a deceased proprietor's estate is to be administered under section 375 of the Insolvency Act) is produced, the Registrar must register the relevant trustee as proprietor of the land, lease or charge held by that proprietor.
Section 63. Transmission on bankruptcy Section 63(1) On production to the Registrar of a certified copy of the order of court adjudging a proprietor bankrupt, or directing the estate of a deceased proprietor to be administered in accordance with section 375 of the Insolvency Act (Cap. 53), the Registrar shall register the bankruptcy trustee, or the trustee appointed under that section, as proprietor of any land, lease or charge of which the bankrupt or the deceased proprietor is proprietor, in place of that bankrupt or proprietor. Section 63(2) In making an entry in the register for the purpose of subsection (1), the Registrar shall describe the bankruptcy trustee, or the trustee appointed under section 375 of the Insolvency Act (Cap. 53), as "trustee of the property of (...............................), a bankrupt. [Act No. 19 of 2015 , s. 174.] - 64 Verify source ↗
TRANSMISSIONS AND TRUSTS - 64. Liquidation
Requires the Registrar and liquidator to take specific registration steps when a liquidator is appointed, including producing resolutions/orders, entering appointments for registered land/leases/charges, sealing/attesting/signing instruments presented after appointment, and presenting vesting orders.
Section 64. Liquidation Section 64(1)(a) produce to the Registrar any resolution or order appointing the liquidator; and Section 64(1)(b) satisfy the Registrar that the person has complied with the Companies Act (Cap. 486) and the Registrar shall enter the appointment in respect of any land, lease or charge of which the company is registered as proprietor, and file the copy of the resolution or order. Section 64(2) An instrument executed by or on behalf of a company in liquidation that has been presented for registration after the appointment of the liquidator has been entered under subsection (1) shall be sealed with the common seal of the company and attested by the liquidator or, in the case of a company not required by law to have a common seal, and be signed by the liquidator whose signature shall be verified in accordance with section 45 . Section 64(3) Where a vesting order has been made under the Companies Act (Cap. 486) the liquidator shall present the order to the Registrar who shall register the liquidator as proprietor of any land, lease or charge to which the order relates. - 65 Verify source ↗
TRANSMISSIONS AND TRUSTS - 65. Transmission in other cases
The Registrar must, on application supported by instruments of transfer or other evidence the Registrar may require, register the person entitled as the proprietor.
Section 65. Transmission in other cases Section If a person has become entitled to any land, a lease or charge under any law or by virtue of any order or certificate of sale made or issued under any law, the Registrar shall, on the application of an interested person supported by instruments of transfer or such evidence as the Registrar may require, register the person entitled, as the proprietor. - 66 Verify source ↗
TRANSMISSIONS AND TRUSTS - 66. Trusts not to be entered
The Registrar must not enter trust particulars in the register; a person acquiring land in a fiduciary capacity may be described and registered "as trustee"; proprietors who are trustees hold subject to unregistered trust liabilities and for registered dealings are deemed absolute proprietors; persons dealing with registered land are not deemed to have notice of the trust.
Section 66. Trusts not to be entered Section 66(1) A person acquiring land, a lease or a charge in a fiduciary capacity may be described in that capacity in the instrument of acquisition and be registered with the addition of the words "as trustee", but the Registrar shall not enter particulars of any trust in the register. Section 66(2) An instrument that declares, or is deemed to declare, a trust, or a certified copy, may be deposited with the Registrar for safe custody; but the instrument or copy shall not form part of the register or be deemed to be registered. Section 66(3) Where the proprietor of land, a lease or a charge is a trustee, the proprietor shall hold the land, lease or charge subject to any unregistered liabilities, rights or interests to which it is subject by virtue of the instrument creating the trust, and for the purpose of any registered dealings, the proprietor shall be deemed to be the absolute proprietor, and no person dealing with the land, a lease or a charge registered under this section shall be deemed to have notice of the trust, nor shall any breach of the trust create a right to indemnity under this Act. - 67 Verify source ↗
TRANSMISSIONS AND TRUSTS - 67. Survivor of trustees
When two or more proprietors are registered jointly as trustees and the surviving trustee cannot exercise the vested powers alone, the Registrar must enter a restriction.
Section 67. Survivor of trustees Section Whenever two or more proprietors are registered jointly as trustees, and the survivor of such proprietors would not be entitled to exercise individually the powers that were vested in them, the Registrar shall enter a restriction to that effect.
Part VII
RESTRAINTS ON DISPOSITION
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RESTRAINTS ON DISPOSITION - 68. Power of the court to inhibit registered dealings
The court may make an inhibition order preventing registration of dealings in land, leases or charges; the court must send a sealed copy to the Registrar, who must register it; the inhibition does not bind until registered.
Section 68. Power of the court to inhibit registered dealings Section 68(1) The court may make an order (hereinafter referred to as an inhibition) inhibiting for a particular time, or until the occurrence of a particular event, or generally until a further order, the registration of any dealing with any land, lease or charge. Section 68(2) A copy of the inhibition under the seal of the court, with particulars of the land, lease or charge affected, shall be sent to the Registrar, who shall register it in the appropriate register. Section 68(3) An inhibition shall not bind or affect the land, lease or charge until it has been registered. - 69 Verify source ↗
RESTRAINTS ON DISPOSITION - 69. Effect of inhibition
While an inhibition is registered, any instrument that is inconsistent with the inhibition must not be registered.
Section 69. Effect of inhibition Section So long as an inhibition remains registered, any instrument that is inconsistent with the inhibition shall not be registered. - 70 Verify source ↗
RESTRAINTS ON DISPOSITION - 70. Cancellation of inhibition
Section 70. Cancellation of inhibition
Section 70. Cancellation of inhibition - 71 Verify source ↗
RESTRAINTS ON DISPOSITION - 71. Lodging of cautions
Section 71 allows cautions to be lodged to claim certain rights in registered land and says a caution must be in prescribed form; the Registrar may require a statutory declaration to support a caution and may reject unnecessary cautions.
Section 71. Lodging of cautions Section 71(1)(a) claims the right, whether contractual or otherwise, to obtain an interest in any land, lease or charge, capable of creation by an instrument registrable under this Act; Section 71(1)(b) is entitled to a licence; or Section 71(1)(c) has made an application for a bankruptcy order against the proprietor of any registered land, lease or charge. Section 71(2)(a) forbid the registration of dispositions and the making of entries; or Section 71(2)(b) forbid the registration of dispositions and the making of entries to the extent expressed in the caution. Section 71(3) A caution shall be in the prescribed form, and the Registrar may require the cautioner to support the caution by a statutory declaration. Section 71(4) The Registrar may reject a caution that is unnecessary or whose purpose can be effected by the registration of an instrument under this Act. Section 71(5) Subject to this section, the caution shall be registered in the appropriate register. [Act No. 19 of 2015 , s. 175.] - 72 Verify source ↗
RESTRAINTS ON DISPOSITION - 72. Notice and effect of caution
The Registrar must give written notice of a caution to the proprietor whose land, lease or charge is affected.
Section 72. Notice and effect of caution Section 72(1) The Registrar shall give notice, in writing, of a caution to the proprietor whose land, lease or charge is affected by the caution. Section 72(2) A disposition that is inconsistent with the caution shall not be registered while the caution is still registered except with the consent of the cautioner or by the order of the court. - 73 Verify source ↗
RESTRAINTS ON DISPOSITION - 73. Withdrawal and removal of caution
Specifies who may withdraw or remove a caution, the Registrar's notice and removal powers, the requirement for a cautioner to object in writing within the notice period, the Registrar's power to hear parties and make orders (including costs), and mandatory removal of cautions after 30 days following a chargee's registered transfer.
Section 73. Withdrawal and removal of caution Section 73(1) A caution may be withdrawn by the cautioner or removed by order of the court or, subject to subsection (2), by order of the Registrar. Section 73(2) The Registrar, on the application of any person interested, may serve notice on the cautioner warning the cautioner that the caution will be removed at the expiration of the time stated in the notice. Section 73(3) If a cautioner has not raised any objection at the expiry of the time stated, the Registrar may remove the caution. Section 73(4) If the cautioner objects to the removal of the caution, the cautioner shall notify the Registrar, in writing, of the objection within the time specified in the notice, and the Registrar shall, after giving the parties an opportunity of being heard, make such order as the Registrar considers fit, and may in the order provide for the payment of costs. Section 73(5) After the expiry of thirty days from the date of the registration of a transfer by a chargee in exercise of the chargee’s power of sale under the law relating to land, the Registrar shall remove any caution that purports to prohibit any dealing by the chargee that was registered after the charge by virtue of which the transfer has been effected. Section 73(6) On the withdrawal or removal of a caution, its registration shall be cancelled, and any liability of the cautioner previously incurred under section 74 shall not be affected by the cancellation. - 74 Verify source ↗
RESTRAINTS ON DISPOSITION - 74. Second caution in respect of the same matter
The Registrar may refuse to accept a further caution in relation to the same matter as a previous caution.
Section 74. Second caution in respect of the same matter Section The Registrar may refuse to accept a further caution by the same person or anyone on behalf of that person in relation to the same matter as a previous caution. - 75 Verify source ↗
RESTRAINTS ON DISPOSITION - 75. Wrongful cautions
Section 75. Wrongful cautions
Section 75. Wrongful cautions - 76 Verify source ↗
RESTRAINTS ON DISPOSITION - 76. Restrictions
The Registrar may, after inquiries and hearings and for specified purposes, make an order (a restriction) prohibiting or restricting dealings with particular land, lease or charge; and the Registrar must make a restriction if it appears the proprietor's power to deal is restricted.
Section 76. Restrictions Section 76(1) For the purposes of compulsory acquisition the prevention of any fraud or improper dealing or for any other sufficient cause, the Registrar may, either with or without the application of any person interested in the land, lease or charge, and after directing such inquiries to be made and notices to be served and hearing such persons as the Registrar considers fit, make an order (hereinafter referred to as a restriction) prohibiting or restricting dealings with any particular land, lease or charge. Section 76(2)(a) for a particular period; Section 76(2)(b) until the occurrence of a particular event; or Section 76(2)(c) until a further order is made, Section 76(2A) A restriction shall be registered in the register and may prohibit or restrict either all dealings in the land or only those dealings which do not comply with specified conditions. Section 76(3) The Registrar shall make a restriction in any case where it appears that the power of the proprietor to deal with the land, lease or charge is restricted. [Act No. 28 of 2016 , s. 23, Act No. 15 of 2019 , s. 16.] - 77 Verify source ↗
RESTRAINTS ON DISPOSITION - 77. Notice and effect of restriction
The Registrar must give written notice of a restriction to the affected proprietor; instruments inconsistent with a restriction must not be registered while the restriction remains, except by order of the court or the Registrar.
Section 77. Notice and effect of restriction Section 77(1) The Registrar shall give notice, in writing, of a restriction to the proprietor affected by the restriction. Section 77(2) An instrument that is inconsistent with a restriction shall not be registered while the restriction is still registered except by order of the court or of the Registrar. [Act No. 28 of 2016 , s. 24.] - 78 Verify source ↗
RESTRAINTS ON DISPOSITION - 78. Removal and variation of restrictions
The Registrar may, on application by any interested person or on the Registrar’s own motion, and after giving affected parties a chance to be heard, order the removal or variation of a restriction; the court may also, on application by an affected proprietor and notice to the Registrar, order removal, variation or other fitting orders and may award costs.
Section 78. Removal and variation of restrictions Section 78(1) The Registrar may, at anytime and on application by any person interested or at the Registrar’s own motion, and after giving the parties affected by the restriction an opportunity of being heard, order the removal or variation of a restriction. Section 78(2) Upon the application of a proprietor affected by a restriction, and upon notice to the Registrar, the court may order a restriction to be removed, varied, or other order as it deems fit, and may make an order as to costs. [Act No. 28 of 2016 , s. 25.]
Part VIII
RECTIFICATION AND INDEMNITY
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RECTIFICATION AND INDEMNITY - 79. Rectification by Registrar
The Registrar may rectify the register in specified cases (formal matters, errors not materially affecting proprietors, with consent, after resurvey if dimensions are incorrect, for updating, or to correct proprietor particulars on written application); the Registrar must give notice to interested persons when a resurvey shows an incorrect dimension or area; the Registrar shall record name or address changes on written application; aggrieved persons may apply to Court; investigation process, hearings and decision criteria are specified.
Section 79. Rectification by Registrar Section 79(1)(a) in formal matters and in the case of errors, mistakes or omissions not materially affecting the interests of any proprietor; Section 79(1)(b) in any case and at any time with the consent of all affected parties; Section 79(1)(c) if upon resurvey, a dimension or area shown in the register is found to be incorrect, in such case the Registrar shall first give notice in writing to all persons with an interest in the rectification of the parcel; Section 79(1)(d) for purposes of updating the register; or Section 79(1)(e) for purposes of correcting the name, address or other particulars of the proprietor upon the written application by the proprietor in a prescribed form. Section 79(2)(a) the proprietor has by fraud or lack of proper care caused or substantially contributed to the error, mistake or omission; or Section 79(2)(b) it would for any other reason be unjust for the alteration not to be made. Section 79(3) Upon proof of the change of the name or address of any proprietor, the Registrar shall, on the written application of the proprietor, make an entry in the register to record the change. Section 79(3A) A person aggrieved by the decision of the Registrar under this section may apply to the Court for any necessary orders. Section 79(4)(a) the process of investigation including notification of affected parties; Section 79(4)(b) hearing of the matters raised; and Section 79(4)(c) the criteria to be followed in coming up with the decision. - 80 Verify source ↗
RECTIFICATION AND INDEMNITY - 80. Rectification by order of Court
The court may order that the register be rectified by cancelling or amending any registration if it is satisfied the registration was obtained, made or omitted by fraud or mistake.
Section 80. Rectification by order of Court Section 80(1) Subject to subsection (2), the court may order the rectification of the register by directing that any registration be cancelled or amended if it is satisfied that any registration was obtained, made or omitted by fraud or mistake. Section 80(2) The register shall not be rectified to affect the title of a proprietor, unless the proprietor had knowledge of the omission, fraud or mistake in consequence of which the rectification is sought, or caused such omission, fraud or mistake or substantially contributed to it by any act, neglect or default. [Act No. 28 of 2016 , s. 27.] - 81 Verify source ↗
RECTIFICATION AND INDEMNITY - 81. Right to indemnity
Persons are entitled to indemnity for rectification of the register or for errors in certified copies or extracts, but no indemnity is payable to any person who caused or substantially contributed to the damage by fraud or negligence or who derives title except under a bona fide registered disposition for valuable consideration.
Section 81. Right to indemnity Section 81(1)(a) any rectification of the register under this Act; or Section 81(1)(b) any error in a copy of or extract from the register or in a copy of or extract from any document or plan certified under this Act, Section 81(2) No indemnity shall be payable under this Act to any person who has caused or substantially contributed to the damage by fraud or negligence, or who derives title, otherwise than under a registered disposition made bona fide for valuable consideration, from a person who caused or substantially contributed to the damage. - 82 Verify source ↗
RECTIFICATION AND INDEMNITY - 82. Amount of indemnity
If the register is not rectified, the amount of indemnity is the value of the interest at the time when the mistake or omission which caused the damage was made.
Section 82. Amount of indemnity Section the value of the interest at the time when the mistake or omission which caused the damage was made, if the register is not rectified; or - 83 Verify source ↗
RECTIFICATION AND INDEMNITY - 83. Procedure for claiming indemnity
The Court may determine and award indemnity on application; persons claiming indemnity must apply to the Chief Land Registrar in the prescribed manner; aggrieved persons may appeal the Registrar's decision to the Court in the prescribed manner.
Section 83. Procedure for claiming indemnity Section 83(1) The Court may, on the application of any interested party, determine whether a right of indemnity has arisen under this Part and, award indemnity, and may add any costs and expenses properly incurred in relation to the matter. Section 83(2) A person claiming indemnity under section 81 shall apply to the Chief Land Registrar in the prescribed manner for investigation and consideration. Section 83(3) Any person who is aggrieved with the decision of the Chief Land Registrar may appeal to the Court against the decision in the prescribed manner. [Act No. 28 of 2016 , s. 28, Act No. 1 of 2020 , s. 26.] - 84 Verify source ↗
RECTIFICATION AND INDEMNITY - 84. Recovery of indemnity paid
If indemnity funds are paid under this Part, the Cabinet Secretary is entitled to recover the amount paid from anyone who caused or substantially contributed to the loss by fraud or negligence, and may enforce any agreement or right the indemnified person could have enforced.
Section 84. Recovery of indemnity paid Section If any funds are paid by way of indemnity under this Part, the Cabinet Secretary shall be entitled to recover by suit or otherwise the amount so paid from any person who has caused or substantially contributed to the loss by fraud or negligence, and to enforce any express or implied agreement or other right which the person who has been indemnified would have been entitled to enforce in relation to the matter in respect of which the indemnity has been paid. - 85 Verify source ↗
RECTIFICATION AND INDEMNITY - 85. Errors in survey
Claims to indemnity based on survey surplus or deficiency are barred between the national or county government and a proprietor, and between a proprietor and the person from whom the proprietor acquired the land after six months from registration of the acquiring instrument.
Section 85. Errors in survey Section 85(1) A claim to indemnity shall not arise between the national or county government and a proprietor, and no suit shall be maintained on account of any surplus or deficiency in the area or measurement of any land disclosed by a survey showing an area or measurement differing from the area or measurement disclosed on any subsequent survey or from the area or measurement shown in the register or on the cadastral map. Section 85(2) As between a proprietor and any person from or through whom the proprietor acquired the land, no claim to indemnity shall be maintainable on account of any surplus or deficiency in the area or measurement above or below that shown in any other survey or above or below the area or measurement shown in the register or on the cadastral map, after a period of six months from the date of registration of the instrument under which the proprietor acquired the land. - 86 Verify source ↗
RECTIFICATION AND INDEMNITY - 86. Review of the decision of the Registrar
If a question arises about the Registrar's exercise of power or duties, the Registrar or an aggrieved person must state a case to the Court; the Court must give its opinion and that opinion is binding on the parties. The Rules Committee must make procedural rules for subsection (1).
Section 86. Review of the decision of the Registrar Section 86(1) If any question arises with regard to the exercise of any power or the performance of any duty conferred or imposed on the Registrar by this Act, the Registrar or any aggrieved person shall state a case for the opinion of the Court, and thereupon the Court shall give its opinion, which shall be binding upon the parties. Section 86(2) The Rules Committee shall make rules on the procedures to be followed by the Registrar or an aggrieved person under subsection (1). - 87 Verify source ↗
RECTIFICATION AND INDEMNITY - 87. Meaning of "opportunity of being heard"
The phrase “opportunity of being heard” includes three situations: (a) attending before the Registrar personally or by an advocate/agent and being given an opportunity to be heard; (b) intimating (personally or by advocate/agent) that the person does not wish to be heard; or (c) having been served with a written notice specifying the matter and appointing a day and time at least seven days after service when the person may attend and be heard.
Section 87. Meaning of "opportunity of being heard" Section 87(1)(a) if the person attends before the Registrar personally or by an advocate or other agent, and is given such an opportunity; or Section 87(1)(b) if the person intimates, personally or by an advocate or other agent, that the person does not wish to be heard; or Section 87(1)(c) if the person has been served with a notice in writing specifying the nature of the thing to be done and appointing a day and time not less than seven days after service of the notice at which, if the person attends before the Registrar, the person may be heard. Section 87(2) If a person or an advocate or other agent on the person’s behalf attends before the Registrar concerning a matter on which the person is entitled to be heard, or fails to attend pursuant to such a notice, the Registrar may, adjourn the hearing from time to time, and, notwithstanding failure to attend, may, hear that person at any time. - 88 Verify source ↗
RECTIFICATION AND INDEMNITY - 88. Prescribed fees
The Registrar may refuse registration until fees are paid; the Registrar must not register dispositions against which unpaid fees are recorded until those fees are paid and must refuse to register or issue certificates if fees under the Land Adjudication Act or Land Consolidation Act are not recorded as paid in full.
Section 88. Prescribed fees Section 88(1) The prescribed fees shall be payable in respect of a certificate of title, certificate of lease, searches, survey plans, printed forms and all other matters connected with registration, and the Registrar may refuse registration until the fees are paid. Section 88(2) The Registrar shall not register a disposition of any land, lease or charge against which unpaid fees are recorded until such fees are paid and shall refuse to register a disposition or to issue a certificate of title or a certificate of lease if the fees payable to the Registrar under the Land Adjudication Act (Cap. 284) or the Land Consolidation Act (Cap. 283) are not recorded in the register as having been paid in full. - 89 Verify source ↗
RECTIFICATION AND INDEMNITY - 89. Recovery of fees and expenses
Unpaid fees or expenses incurred by the Registrar are a civil debt recoverable summarily.
Section 89. Recovery of fees and expenses Section Unpaid fees or expenses incurred by the Registrar shall constitute a debt due and shall be a civil debt recoverable summarily. - 90 Verify source ↗
RECTIFICATION AND INDEMNITY - 90. Summary recovery
An order by the Registrar for payment of a sum of money made under powers in this Act is treated as a High Court decree and is enforceable as such.
Section 90. Summary recovery Section An order for the payment of a sum of money made by the Registrar under any power conferred by this Act shall be deemed to be a decree of the High Court and shall be enforceable as such.
Part X
CREATION OF EASEMENTS AND ANALOGOUS RIGHTS
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CREATION OF EASEMENTS AND ANALOGOUS RIGHTS - 100. Enjoyment of easement and analogous rights
Lessees of dominant land and lenders in possession may be entitled to the benefit of easements or analogous rights; persons so entitled may bring proceedings in their own name to enforce them.
Section 100. Enjoyment of easement and analogous rights Section 100(1)(a) any lessee of the dominant land, or so far as the nature of the easement, or analogous right or part of it permits; and Section 100(1)(b) any lender on the security of a charge for the time being in possession of the dominant land, or so far as the nature of the easement or analogous right any part of it permit. Section 100(2) Any person referred to in subsection (1)(a) or (b) who is by this section entitled to the benefit of an easement or analogous right may take out, in their own name, any proceedings necessary for the enforcement of the easement or the analogous rights. - 98 Verify source ↗
CREATION OF EASEMENTS AND ANALOGOUS RIGHTS - 98. Creation of easement
Owners of land or lessors may grant easements by instrument in prescribed form; co-owners who sever property have implied cross-easements and their successors are entitled to benefit subject to burdens.
Section 98. Creation of easement Section 98(1) An owner of land or a lessor may, by an instrument in the prescribed form, grant an easement over the land, lease or a part of that land to the owner of another parcel of land or a lessee for the benefit of that other parcel of land. Section 98(2) The owner of land or a lessor referred to in subsection (1), who is transferring, assigning or leasing land or a lease may, in the transfer, assignment or lease, grant an easement for the benefit of the land transferred, assigned or leased over the land retained by him or her or reserve an easement for the benefit of land retained by him or her. Section 98(3)(a) the nature of the easement and any conditions, limitations or restrictions subject to which it is granted; Section 98(3)(b) the period of time for which it is granted; Section 98(3)(c) the land, or the specific part of it burdened by the easement; and Section 98(3)(d) the land to benefit from the easement, and shall, required by the Registrar, include in a plan that sufficiently defines the easement. Section 98(4) If a co-owner, by a disposition, severs any building or part of it or land separated by a common dividing wall or other structure, whether that wall or other structure is a party wall or other structure, cross-easements of support of the dividing wall or other structure in respect of the severed buildings or land and the owners of the severed buildings or land shall be implied in the disposition and their successors in title shall be entitled to the benefit subject to the burdens of the cross-easements. Section 98(5) There shall be implied in every grant of an easement the grant of all ancillary rights which may be reasonably necessary for the full and effective enjoyment of the grant. Section 98(6) A grant of an easement may contain an agreement between the owners of the dominant and servient lands binding either or both of them to pay for or contribute towards the cost of constructing, maintaining or re-pairing any way, wall, drainage, installation or work forming the subject matter of the easement. Section 98(7) No easement and no right in the nature of an easement shall be capable of being acquired by any presumption of a grant from long and uninterrupted use. Section 98(8) Nothing in this section shall prevent the lawful use of a right of way for persons and for stock acquired and that right of way shall be deemed to be property. - 99 Verify source ↗
CREATION OF EASEMENTS AND ANALOGOUS RIGHTS - 99. Cancellation and extinguishment of easements and analogous rights
A person occupying the dominant land may cancel an easement or analogous right, subject to subsection (3); cancellations must be in the prescribed form and are extinguished when recorded, and lessees or lenders entitled to the easement must consent in the prescribed form.
Section 99. Cancellation and extinguishment of easements and analogous rights Section 99(1) Subject to subsection (3), an easement granted or an analogous right created under this Part may be cancelled by the person occupying the dominant land. Section 99(2) Any cancellation pursuant to subsection (1), shall be effected in the prescribed form and the easement, or analogous right shall be extinguished on the date that cancellation is recorded in the register. Section 99(3)(a) the period of time for which the easement or analogous right was intended to subsist has expired; or Section 99(3)(b) the event upon which the easement or analogous right was intended to terminate has occurred. Section 99(4) The consent of any lessee or lender for the time being entitled to the benefit of any easement or analogous right shall be necessary for any cancellation of any such easements or analogous rights and such consent shall be signified in the prescribed form.
Part XI
MISCELLANEOUS
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MISCELLANEOUS - 101. Jurisdiction of court
The Environment and Land Court and its subordinate courts have jurisdiction to hear and determine land disputes under this Act.
Section 101. Jurisdiction of court Section The Environment and Land Court established by the Environment and Land Court Act (Cap. 8D) and subordinate courts has jurisdiction to hear and determine disputes, actions and proceedings concerning land under this Act. [Act No. 25 of 2015 , Sch.] - 102 Verify source ↗
MISCELLANEOUS - 102. Fees
The Cabinet Secretary may set fee rates for matters under this Act and must keep them under continuous review; fees are to be a percentage of the value of the land; the Registrar must refuse to register entries if fees have not been paid unless satisfied in writing that the fee was waived; unpaid fees and recovery expenses are a civil debt recoverable summarily.
Section 102. Fees Section 102(1) The Cabinet Secretary may prescribe the rates of fees payable for any matters in respect of which, by this Act, prescribed fees are required to be paid by any person and shall keep such fees under continuous review. Section 102(2) Fees prescribed under this section shall be at a per centum rate of the value of the land that is, the subject of the application or other matter in respect of which fees are required to be paid. Section 102(3) The Registrar shall refuse to make an entry on the register or register a document in respect of any grant of land or disposition arising in connection with land in respect of which a fee has not been paid in whole or in part, unless the Registrar is satisfied on the basis of written evidence that the fee has been waived in whole or in part. Section 102(4) Unpaid fees or expenses incurred by the Government in connection with any attempt to recover those unpaid fees shall constitute a civil debt recoverable summarily. [Act No. 28 of 2016 , s. 33.] - 103 Verify source ↗
MISCELLANEOUS - 103. Offences
Unlawful occupation of land is an offence punishable by a fine not exceeding five hundred thousand shillings, and for a continuing offence an additional fine not exceeding one hundred shillings for every day during which the offence continues.
Section 103. Offences Section 103(1)(a) knowingly makes a false statement, orally or in writing, in connection with a disposition or other transaction affecting land or any other matter arising under this Act; or Section 103(1)(b) knowingly gives a false information or makes a false statement, either orally or in writing, in connection with a call for information made under this Act or in connection with a investigation into the commission of any offence under this Act; Section 103(1)(c) the registration or issue of any title or certificate of title or certificate of lease, or any other document or instrument relating to the land; Section 103(1)(c)(i) the registration or issue of any title or certificate of title or certificate of lease, or any other document or instrument relating to the land; Section 103(1)(c)(ii) the making of an entry or the endorsement of a matter on a document or instrument referred to in subparagraph (i); Section 103(1)(c)(iii) the cancellation or amendment of the documents, instruments, entries or endorsements referred to in this paragraph; or Section 103(1)(c)(iv) a dealing or a transaction using any of the replaced register, certificate of title or certiticate of lease; Section 103(1)(d) fraudulently alters, adds to, erases, defaces, mutilates or destroys any document or instrument relating to land or any entry on or endorsement of any such document or instrument; suppresses or conceals from the Registrar, or any authorized officer exercising powers under this Act, or assist or joins in so doing, any material document, factor matter, Section 103(2) A person who unlawfully occupies land commits an offence and is liable on conviction to a fine not exceeding five hundred thousand shillings, and in the case of a continuing offence to an additional fine not exceeding one hundred shillings for every day during which the offence continues. [Act No. 28 of 2016 , s. 34.]
Part XII
SAVINGS AND TRANSITION
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SAVINGS AND TRANSITION - 104. Saving registers under repealed laws
When the Registrar receives an adjudication register from the Director of Land Adjudication, the Registrar must forward it to the Deputy Registrar or Registrar in charge, who must prepare registers for owners and register persons entitled to non-ownership interests, subject to any restrictions or encumbrances.
Section 104. Saving registers under repealed laws Section 104(1) A register maintained under any of the repealed Acts shall, on the commencement of this Act, be deemed to be the land register for the corresponding registration unit established under this Act. Section 104(2) Upon receiving an adjudication register from the Director of Land Adjudication, the Registrar shall forward it to the Deputy Registrar or Registrar in charge of the registration unit concerned, who shall prepare a register for each person shown in the adjudication record as an owner of land, and every person shown in the adjudication record as being entitled to an interest that does not amount to ownership of land shall be registered as being so entitled, subject, in every case to, any restriction of the power of the proprietor or of any person so entitled to deal with the land and to any interest, lease, right of occupation, charge or encumbrance affecting the land. - 105 Verify source ↗
SAVINGS AND TRANSITION - 105. Transiting title documents
Existing grants, certificates of title, folios and registers maintained under repealed Acts are deemed to be certificates, folios or registers under this Act; public land must be registered in the name of the county or national government in trust for residents and the Commission’s registration vests in it all rights, powers and liabilities under any existing grants or leases.
Section 105. Transiting title documents Section 105(1)(a) the grant or certificate of title shall be deemed to be a certificate of title or certificate of lease, as the case may be, issued under this Act; and Section 105(1)(a)(i) the grant or certificate of title shall be deemed to be a certificate of title or certificate of lease, as the case may be, issued under this Act; and Section 105(1)(a)(ii) the folio of the register of titles kept under the repealed Act shall be deemed to be the register under this Act: Section 105(1)(b) the grant or certificate of title shall be deemed to be a certificate of title or certificate of lease, as the case may be, issued under this Act; and Section 105(1)(b)(i) the grant or certificate of title shall be deemed to be a certificate of title or certificate of lease, as the case may be, issued under this Act; and Section 105(1)(b)(ii) the folio of the register of titles kept under section 7 of the repealed Registration of Titles Act shall be deemed to be the register under this Act: Section 105(1)(c) the register or folio maintained under the repealed Government Lands Act and the repealed Land Titles Act in respect of the interest in land shall be deemed to be the register under this Act; Section 105(1)(c)(i) the register or folio maintained under the repealed Government Lands Act and the repealed Land Titles Act in respect of the interest in land shall be deemed to be the register under this Act; Section 105(1)(c)(ii) the last conveyance or assignment noted in the register or folio maintained under the repealed Government Lands Act and the repealed Land Titles Act in respect of the interest in land shall be deemed to be evidence of ownership of the interest in land for purposes of issuing a certificate of title or a certificate of lease under this Act: Section 105(2)(a) register the relevant public land in the name of the county or national government in trust for the people resident in the county or national government; Section 105(2)(b) comply the direction of the Commission as contained in any Gazette notice made under section 15 of the Land Act (Cap. 280); and Section 105(2)(c) include any special provisions relevant to the public land. Section 105(3) Upon the registration of the Commission as proprietor of any land under subsection (2), there shall also vest in the Commission all rights, powers and liabilities under any grant or lease then subsisting in respect of the land. [Act No. 28 of 2016 , s. 35.] - 106 Verify source ↗
SAVINGS AND TRANSITION - 106. Transitional provisions on rights, liabilities and remedies of parties over land
Transitional rules preserving existing rights, liabilities and remedies over land and allowing certain processes (like service of notices and discharge of memoranda) to continue under specified forms.
Section 106. Transitional provisions on rights, liabilities and remedies of parties over land Section 106(1) On the effective date, the repealed Acts shall cease to apply to a parcel of land to which this Act applies. Section 106(2) Nothing in this Act shall affect the rights, liabilities and remedies of the parties under any mortgage, charge, memorandum of equitable mortgage, memorandum of charge by deposit of title or lease that, immediately before the registration under this Act of the land affected, was registered under any of the repealed Acts. Section 106(3)(a) any rights, liabilities and remedies shall be exercisable and enforceable in accordance with the law that was applicable to the parcel immediately before the registration of the land under this Act; and Section 106(3)(b) the memorandum of equitable mortgage or memorandum of charge by deposit of title may be discharged by the execution of a discharge in the form prescribed under the Act under which the memorandum was first registered. Section 106(4) Notwithstanding this section, any notice in writing required to be served under the repealed Acts upon any of the parties under any mortgage, charge, memorandum of equitable mortgage or memorandum of charge by deposit of title may be served in accordance with this Act, and such service shall be deemed to be effective for all purposes. - 107 Verify source ↗
SAVINGS AND TRANSITION - 107. Savings and transitional provisions with respect to rights, actions, dispositions
Rights, interests, titles, powers or obligations existing before this Act continue to be governed by the law applicable immediately before commencement, unless the Act specifically provides otherwise.
Section 107. Savings and transitional provisions with respect to rights, actions, dispositions Section 107(1) Unless the contrary is specifically provided for in this Act, any right, interest, title, power, or obligation acquired, accrued, established, coming into force or exercisable before the commencement of this Act shall continue to be governed by the law applicable to it immediately prior to the commencement of this Act. Section 107(2) Unless the contrary is specifically provided for in this Act or the circumstances are such that the contrary must be presumed to be the case, where any step has been taken to create, acquire, assign, transfer, or otherwise execute a disposition, any such transaction shall be continued in accordance with the law applicable to it immediately prior to the commencement of this Act. Section 107(3) For the avoidance of doubt, any lease granted to a noncitizen shall not exceed ninety-nine years. Section 107(4)(a) the question whether any instrument so presented is to be registered shall be determined by the Registrar by reference to the law in force at the time of its execution; and Section 107(4)(b) subject to the provisions of paragraph (a), the provisions of this Act shall apply to that instrument as if it had been executed after the commencement of this Act. Section 107(5) If any step has been taken to forfeit a lease or to foreclose a charge before the effective date, a court may, if it considers it just and reasonable so to do, on and after the effective date, on the application of the lessee or, as the case may be, the borrower to issue an injunction to the lessor or, as the case may be, the borrower to issue an injunction to the lessor or, as the case may be, the lender to stop the continuation of any such step and where a court has issued an injunction under this subsection, the lessor or lender to whom the injunction has been issued may commence any action under this Act to terminate that lease or bring that charge to an end. - 108 Verify source ↗
SAVINGS AND TRANSITION - 108. Saving and transitional provisions with respect to rules, orders, e.t.c.
Existing rules and administrative acts made before this Act continue in force until the Cabinet Secretary makes the regulations under section 110, and must be construed as necessary to conform with this Act.
Section 108. Saving and transitional provisions with respect to rules, orders, e.t.c. Section Until the Cabinet Secretary makes the regulations contemplated under section 110 , any rules, or other administrative acts made, given, issued or undertaken before the commencement of this Act under any of the Acts of Parliament repealed by this Act or any other law, shall continue in force and shall be construed with the alterations, adaptations, qualifications and exceptions necessary to bring them into conformity with this Act.
Part XIII
MISCELLANEOUS PROVISIONS
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MISCELLANEOUS PROVISIONS - 109. Repeals
The written laws listed in the Schedule are repealed.
Section 109. Repeals Section The written laws set out in the Schedule are repealed. - 110 Verify source ↗
MISCELLANEOUS PROVISIONS - 110. Regulations
When making regulations, rules or prescribing matters under this Act, the Cabinet Secretary must take into account the advice of the Commission; such regulations or rules are to be tabled before Parliament for approval.
Section 110. Regulations Section 110(1)(a) the forms to be used in connection with this Act; Section 110(1)(b) the manner and form of the registries of land, the procedures to be followed by the registries and hours they are to be open for business; Section 110(1)(c) procedures for the transfer of land from one category to another; Section 110(1)(d) particulars and format to be contained in a register or other document required to be kept under this Act; and Section 110(1)(e) any other matter for the better carrying into effect of the provisions of this Act. Section 110(2) In making the regulations, rules or prescribing any matters required under this Act, the Cabinet Secretary shall take into account the advice of the Commission as required under the Constitution and such regulations or rules shall be tabled before Parliament for approval.
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Land Registration Act
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