What Is A Title Deed? Why Is A Title Deed Important?
What Is A Title Deed? Why Is A Title Deed Important?
- A title deed is a legal document that proves ownership of a property. It contains details about the property like location, size, boundaries etc.
 
Why Is A Title Deed Important?
- It proves legal ownership of land or property
 - It can be used as collateral for obtaining loans
 - It provides security of land tenure
 - It enables transfer or sale of property
 - It facilitates compensation in case of compulsory acquisition
 
How Do I Get A Title Deed In Kenya?
- Buy land and develop it
 - Buy land with an existing title deed
 - Acquire through inheritance if the land had a title deed
 - Apply for a title deed for land without one through adjudication process
 
What Are The Types Of Title Deeds In Kenya?
- Absolute Title Deed
 - Leasehold Title Deed
 - Sectional Title Deed
 - Certificate of Title
 
What Is An Absolute Title Deed?
- It indicates absolute ownership of land without limitation to the use or disposal
 
What Is A Leasehold Title Deed?
- It allows one to own land for a limited period, usually 99 years
 - After the lease expires, the land reverts back to the government
 
What Is A Freehold Title Deed?
- It indicates absolute ownership of land in perpetuity
 
What Is A Sectional Title Deed?
- It is issued to owners of sections within a building e.g. apartments
 - It indicates ownership of a section, not the entire building
 
How Can I Tell If A Title Deed Is Genuine Or Fake?
- Check security features like embossed stamp, watermark
 - Confirm at the Lands registry whether it is registered
 - Check if the land reference number and map coordinates match
 
What Are The Main Parts Of A Title Deed?
- The letter of allotment
 - Page showing land description, ownership, encumbrances if any
 - Page showing conditions, restrictions, rights of way if any
 - The registry index map
 
How Can I Transfer A Title Deed From One Name To Another?
- The seller and buyer sign a sale agreement
 - Conduct a title search to confirm ownership
 - Pay stamp duty on the transaction
 - Prepare a transfer form signed by the seller
 - Pay capital gains tax if applicable
 - Submit documents to Lands office for registration
 
What Is The Process Of Replacing A Lost Title Deed?
- Make a police report about the loss
 - Apply for a provisional title deed at the Lands office
 - Publish a notice of the loss in the newspapers
 - After 60 days, apply for a new title deed
 
Can A Foreigner Own Land In Kenya?
- Yes, a foreigner can own land on leasehold basis for up to 99 years
 
What Documents Do I Need To Check Before Buying Land?
- Original title deed
 - Survey map and site plan
 - Rates clearance certificate
 - Rent clearance certificate
 - Search results from Lands office
 
What Is A Parent Document For Land?
- The original document that shows how one acquired the land initially
 
What documents are required for land registration in Kenya?
- Title deed
 - National ID
 - PIN certificate
 - Rates clearance certificate
 - Stamp duty payment receipt
 
How Much Does It Cost To Process A Title Deed In Kenya?
- Title search – Ksh 500
 - Stamp duty – 4% of land value
 - Registration fees – Ksh 500
 - Capital gains tax – 5% of gain value
 
What Is A Title Deed Search?
- A process of confirming ownership and authenticity of a title deed at the Lands registry
 
How Much Does A Title Deed Search Cost?
- A title search costs Ksh 500 paid online or at Lands registry
 
How Long Does It Take To Process A Title Deed In Kenya?
- If buying land with an existing title, it takes about 1-2 months
 - If applying for a new title, it may take 6-12 months
 
What Is A Land Rate Clearance?
- A certificate showing that land rates owed to a county government are cleared and up to date
 
What Is A Capital Gains Tax?
- A tax charged on the profit made from sale of property
 
How Much Is The Capital Gains Tax?
- It is 5% of the gain made calculated as selling price less buying price
 
What Is A Rent Clearance Certificate?
- A certificate showing annual rent for leasehold land is paid up
 
How Much Does A Rent Clearance Certificate Cost?
- The fee is Ksh 200 per title deed
 
How Can I Know If I Am The Legal Owner Of My Land?
- Conduct a title search to confirm your name is on the title
 - Check the records at Lands registry
 
How Can I Do An Online Title Search?
- Through the Ardhisasa portal
 - Through online registries like titledeed.co.ke
 
What Is The General Charge For Title Transfer Fee?
- The standard title transfer fee is Ksh 1,000
 
Why Is It Important To Engage A Lawyer When Buying Land?
- To review the title deed, survey maps and offer documents
 - To undertake due diligence on your behalf
 - To prepare the sale agreements and transfer documents
 - To ensure the process follows the legal requirements
 
What Are The Duties Payable When Transferring A Title Deed?
- Stamp duty – 4% of market value
 - Capital gains tax if applicable
 - Registration fees – Ksh 500
 - Title transfer fees – Ksh 1,000
 - Land rent and rates clearance – Ksh 200 each
 
How Can I Subdivide My Land?
- Hire a surveyor to subdivide and get new maps, beacons
 - Obtain consent from relevant authorities e.g. County govt
 - Apply for subdivision with Ministry of Lands
 
How Do I Change A Title Deed From Leasehold To Freehold?
- Apply for conversion with NLC providing justification
 - Pay stamp duty on the land value
 - NLC may recommend conversion to Cabinet Secretary
 - CS amends the land register upon approval
 
What Does It Mean If A Title Deed Is Charged?
- It means the land has been used to secure a loan or debt
 - The charge must be removed for the title to be transferred
 
How Do I Remove A Charge On A Title Deed?
- Pay off the loan secured by the title deed
 - Obtain a discharge document from lender
 - Present discharge to Lands office for removal of charge
 
How Do I Replace A Lost Or Damaged Title Deed?
- Report loss to police and Lands office
 - Apply for provisional title deed
 - After 60 days, apply for replacement title
 
How Can I Verify A Title Deed Is Genuine?
- Check security features like stamp, watermark
 - Confirm at Lands registry if it’s registered
 - Check if land reference and map coordinates match
 
What Is The Difference Between A Title Deed And Logbook?
- Title deed is for land, logbook is for vehicles
 - Title deed proves ownership, logbook shows registration
 - Title deed issued by Lands, logbook by NTSA
 
Can I Use A Photocopy Of A Title Deed For A Transaction?
- No, only original title deed should be used
 - Photocopies are not recognized for transactions
 
Where Should I Store My Important Documents Like Title Deeds?
- In a safe or secure cabinet preferably in a bank
 - Also store copies securely e.g. online backups
 
What Is The Difference Between Land Registration And Title Deed?
- Registration records your interest, title deed certifies ownership
 - You can register land before getting a title deed
 
How Do I Transfer Ownership Of Land Before Getting A Title?
- The seller signs transfer documents used for registration
 - The buyer registers the land under their details
 - Title deed can be obtained later through adjudication
 
What Is The Adjudication Process?
- The process of ascertaining ownership and issuing title deeds
 
How Can I Subdivide Land Without A Title Deed?
- Hire surveyor, obtain approvals, register new parcels
 - Apply for adjudication to get title deeds for the subdivisions
 
How Do I Obtain A Title For Ancestral Land?
- Gather evidence of ownership and occupation
 - Hire lawyer to apply for adjudication and registration
 
What Should I Do If My Title Deed Has Errors?
- Visit Lands office and fill form to correct errors
 - Provide copies of title and ID
 - Lands office will issue an amended title
 
How Can I Find The Survey Map And Site Plan For My Land?
- Check the records and index maps at Lands registry
 - Hire a surveyor to establish and register the boundaries
 
What Should I Do If Boundaries Are Disputed?
- Report dispute to local Lands office
 - Lands office may order a survey to determine boundaries
 - This will guide the issuance or correction of title deeds
 
How Can I Find The History Of A Parcel Of Land?
- Do an official search at the Lands registry
 - Check the parent title deed and previous transactions
 
What Is An Easement On A Title?
- A right to use another person’s land for a specified purpose
e.g. right of way 
How Do I Remove An Easement From A Title?
- Apply to Lands office providing justification
 - Lands office may revoke if easement no longer required
 
Can I Take A Loan Using My Title Deed?
- Yes, title deeds can be used as collateral for loans
 - Banks and Saccos accept title deeds for secured loans
 
Where Can I Get A Copy Of My Title Deed?
- Request an official search at the Lands registry
 - They can issue a copy for a small fee
 
How Do I Correct An Error On A Title Deed?
- Visit Lands office and fill form to correct errors
 - Provide copies of title and ID
 - Lands office will issue an amended title
 
How can I find out if land is charged or has loans?
- Check the title deed for any charges or encumbrances
 - Do an official search which will show charges
 
What Does Land Registration Number Mean?
- It is a unique number assigned to each parcel of land
 - Used to identify the land in the registry records
 
What Systems Are Used For Land Registration In Kenya?
- Manual land registers for older titles
 - Digital database for newer titles
 
Where Are Title Deeds Stored In Kenya?
- At the Lands registries across the country
 - Digitized copies stored in the National Land Information Management System
 
How Do I Check Land Ownership In Kenya?
- Search the National Land Information Management System
 - Do an official search at the Lands registry
 
What Happens If My Title Deed Is Lost And Someone Else Finds It?
- Report the loss immediately and apply for provisional title
 - The finder can’t legally transfer the land without your consent
 
How Can I Confirm Land Ownership If The Owner Is Deceased?
- Do an official search which shows registered owner
 - Apply for transmission if registered under deceased
 
What Is Transmission Of Land?
- The process of transferring land ownership from a deceased person to their heirs
 
How Long Does Transmission Of Land Take In Kenya?
- If straightforward with clear succession, can take 6-12 months
 - If disputed, can take years to resolve
 
What Happens If Land Rates Are Not Paid?
- The county government can auction the land to recover the rates
 - Or place a charge on the title deed preventing transactions
 
How Can I Pay Land Rates If I Don’t Have The Title Deed?
- County offices can check owner in registry without title
 - Or trace through previous receipts, owner’s IDs
 
Who Is Responsible For Paying Land Rates?
- The registered owner of the land is responsible
 - Even if they don’t occupy the land
 
How Can I Check The Land Rates Payable On A Parcel Of Land?
- Check with the county government office
 - Provide title deed number or owner’s ID
 - They can provide the outstanding rates
 
What Is The Penalty For Late Payment Of Land Rates?
- A 10% penalty may apply for late payments
 - The county can also auction the land for non-payment
 
How Can I Know If Land Rent Has Been Cleared?
- Check the rent clearance certificate from Lands office
 - Do an official search which shows any unpaid rent?
 
What Happens If I Don’t Pay Land Rent?
- The government may repossess the land after serving you a notice
 - Or place a charge on the title deed preventing transactions
 
Who Pays Land Rent In Kenya?
- Land rent is paid by owners of leasehold land
 - To compensate the government for use of public land
 
How Can I Pay Land Rent Without The Title Deed?
- Visit the Lands office with owner’s ID
 - Request a search to confirm lease and amount payable
 - Pay rent and obtain clearance certificate
 
How Do I Transfer Land Ownership To My Children?
- Prepare a gift deed signed by you as the giver
 - Children sign as recipients
 - Submit for registration to transfer title
 
How Can I Monitor My Land Without Living On It?
- Hire a caretaker to live and maintain the land
 - Install security cameras and fencing
 - Visit regularly to inspect boundaries