A simple guide for property owners
Losing a title deed can be stressful, but it does not mean you have lost your land. Kenyan law provides a clear process for replacing a lost or destroyed title deed. The key is to act quickly and follow the correct steps.
Step 1: Report the Loss Immediately
As soon as you realize the title deed is missing, report the loss at the nearest police station. You will be given a police abstract or OB reference, which officially records the loss. This document is required before any replacement can be processed.
Step 2: Protect Your Land
Visit the Land Registry and request for a caution or restriction to be placed on the property. This temporarily blocks any sale, transfer, or charge on the land and protects you from fraud while the replacement process is ongoing.
Step 3: Confirm Ownership
Conduct an official land search at the Land Registry or through the e-Citizen platform. This confirms that you are still the registered owner and shows whether there are any loans, disputes, or other claims on the land.
Step 4: Swear an Affidavit
You will need to swear an affidavit (sworn statement) before a lawyer or Commissioner for Oaths. In this statement, you explain how the title was lost and confirm that it has not been sold, used as loan security, or given to anyone else.
Step 5: Apply for a Replacement
Complete the prescribed application form for replacement of a lost title at the Land Registry and submit it together with:
- Police abstract
- Affidavit
- Official land search
- Copies of your ID and KRA PIN
- Passport-size photographs
Companies or family land may require additional documents.
Step 6: Public Notice Period
The Land Registrar will publish a
notice in the Kenya Gazette and a newspaper informing the public of the lost title.
The law allows at least 60 days for anyone with a valid claim to object. This step protects genuine landowners and prevents fraud.
Step 7: Collection of the New Title
If no objection is raised, or once objections are resolved, the Land Registry will issue you with a replacement title deed. Your land records are then officially updated.
If you later find the original title deed, you must return it to the Land Registry. Keeping two title deeds for the same land is illegal.
How Long Does It Take?
The process usually takes 3 to 6 months, mainly due to the required public notice period.
Helpful Tips
Act quickly once you notice the loss
Place a caution to prevent fraud
Keep copies of all documents
Seek legal help if the land is valuable or disputed
Final Word
Losing a title deed is not the end of your ownership rights. By following the correct legal steps and staying vigilant, you can safely replace your title and protect your property.
No comments:
Post a Comment