Legal Review: How to secure your land or property

 

 1.0 Introduction

Every person has a right to own and use land or property in Kenya.

1.1 The Legal provisions under the Kenyan Law

The Constitution of Kenya 2010, which is the supreme law of the country, provides in its various articles’, the ways in which the rights to own are upheld.

Article 40(1) that subject to Article 65, every person has the right, either individually or in association with others, to acquire and own property (a) of any description; and (b) in any part of Kenya.

Article 65 (1) states that a person who is not a citizen of Kenya may hold land on the basis of leasehold tenure only, and any such lease, however granted, shall not exceed ninety-nine years.

1.2 The Lands Registrar

The Lands Registrar (Officer in charge of the Lands Office) is the keeper of the land register and gives registration documents. Therefore, any action that requires registration must be registered at this office. To protect your land rights, you need to understand various steps you can take to secure the land or property. How this right is acquired and passed to another person is provided by the land laws of the country. To gain or give such rights, a person needs to apply for the consent of the Lands Office, who may either reject the request or register the request and issue a confirmation document.

2.0 Step by step guide on how to secure your land or property.

The steps include:

2.1 The land search

This is a process used at the lands office (registry) to confirm the name of the person that a given piece of land is registered in, the land number, size, and the address of the person.

2.2 The Green Card

This is a document kept at the lands registry that gives the history of a given land or property, from the time that the land was opened or divided to the current time.

2.3 Inhibition

This is a process where a person goes to court, asking the court to give orders that will prevent or stop any intended or current activities being conducted by other people that affect your land ownership or use.

2.4 Caution

This is a process where you go to the lands office and request the Lands Officer, called a Registrar, to stop activities of other people on your land.

2.5 Restriction

This is where you ask the Lands Registrar to stop other people from conducting activities on your land. The Registrar may also stop activities without your request where he or she thinks there is a need to prevent fraud or any other illegal activity.

NOTE: A copy of the application for restriction form LRA 75.

2.6 Power of Attorney

This is a process where you give another person the right to sign on your behalf. You can allow them to sell, hire out (lease), or even take loans on your land and sign on your behalf.

2.7 Registration as a spouse

This is a process where a married woman or man applies to be registered as either the wife or husband of the person who owns the land or property.

 

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