30/12/2022
DIFFERENT TYPES OF TITLE DEEDS IN KENYA
A land title deed is a document that proves ownership and legal right over a piece of land. It is the most fundamental document required during a land transaction and its details are usually changed from the vendor to the purchaser after a land transaction has taken place to show the transfer of ownership.
When looking to invest in a piece of land, the first thing you will need to do as a buyer is to conduct an official title deed search at the local land registry. This is often done in the county office in which the land is located. Currently insome county such as Nairobi title deed search can be done online.
Type of Title deeds in Kenya
In Kenya there existed different types of title deeds as per the different types of land Acts that have been in existence from colonial times up todate.
Indenture
a title under the Government Lands Act Cap 280 (repealed)
Grant.
Government grant under Registration of Titles Act Cap 281 (repealed) and a county council grant under Trust Land Act Cap 288.
Certificate of title.
Grant issued as a result of a subdivision without change of user.
Certificate of lease.
Title under the Registered Lands Act Cap 300 (repealed) for leasehold land.
Absolute title deed:
Title under the Registered Lands Act Cap 300 (repealed) for freehold land.
Sectional title
Title for a unit within a building, for example, a flat or apartment.
The Land Registration Act, 2012 consolidates the above several titles into the “Certificate of Title” or Certificate of the lease. A Certificate of title is issued for freehold land while a Certificate of the lease is for leasehold land.
Leasehold. Is a form of land tenure where a lessee holds rights to land for a specific period and subject to conditions imposed on land rights by the lessor. Examples in Kenya include 33, 50, 66, 99-year government leases for urban plots. 999-year leases were all converted to 99-year leases with effect, from 1st September 2009 when the current constitution was promulgated.
Freehold land ownership: Is a form of land tenure in which the landowner has the maximum rights to land without restrictions in terms of a period of ownership and rights exercisable on the land.
