Types of Title Deeds in Kenya
The land market in Kenya has been growing tremendously over the past years. Today, property and land selling companies have been established to facilitate ownership of land to individuals as well as groups. With the growing number of land sale middlemen and companies, it is possible for individuals, or even groups to fall victims of fraud, particularly when it comes to documentation and validation. It is for this reason that the knowledge in the different types of title deeds is necessary.
Here are the different types of title deeds in Kenya:
It was established under the County Council Trust Land Act 288 and Registration of Tile Act Cap 281. In essence, this type of title granted the transfer of property (land) from a grantor to a grantee. It is; however, important to note that this type of title deed has since been annulled; hence, not in existence under the land laws of Kenya.
Certificate of Title
There are instances where transfer of property is done without change of the holder. For example, when an individual decides to subdivide a large portion of land and put the plots up for sale, the said owner may deem it necessary to issue Certificate of Title. It means that the user has not been changed, irrespective of the transfer of ownership.
Certificate of Lease
It is the type of Title Deed that allows an individual to hold rights to a piece of land for a defined period of time. All through the tenure, the landowner has the right to impose conditions on the lessee. It includes termination of contract due to violation, or breach. The duration of lease depends on the agreement entered by the lessee and the landowner. The type of title deed was repealed in Kenya.
Absolute Title Deed
It applies for freehold land. In essence, this type of title deed gives the land owner the absolute rights based on the period of ownership. The manner in which the land is used is also under the jurisdiction of the land owner, hence, the absolute rights.
Sectional Title Deed
It is the type of title deed that applies for a section of a property. For example, an individual may opt to purchase a flat in a gated community. In such a case, the individual involved is the absolute owner of the property; hence, entitled to the necessary documentation. It is where sectional title deed applies.
In summation, land laws have been undergoing modifications and amendments. It has brought about the existence of different types of title deeds, based on the circumstances under which land ownership was achieved. Some of the types of title deeds are no longer in existence as they were annulled by the Government of Kenya. In a nutshell, having a clear understanding of land law and the types of title deeds is not only a way of maneuvering the tricky property market, but also a way of shaping your decisions on what to settle for.