This article aims to provide a comprehensive understanding of property caveats in Kenya. In recent years, more property owners have been placing caveats and cautions on their properties, and this article intends to explain the details of caveats in Kenya, including what a property caveat is, how to place a caveat on land or a house, the steps involved in placing a caveat, how to remove a caveat, and what happens in cases where a wrong caveat has been placed.
This informative article provides a comprehensive overview of property caveats in Kenya. With an increasing number of property owners placing caveats and cautions on their properties, this article serves to explain the essential details of caveats in Kenya.
It covers various aspects of property caveats, including the definition of a property caveat, the process of placing a caveat on land or a house, the necessary steps involved in placing a caveat, how to remove a caveat, and the consequences of placing a wrong caveat. The Ministry of Land defines a caveat as a warning or caution that prohibits any action from being taken on a property without first informing the person who placed the caveat. The article highlights that lodging a caveat over a property informs anyone who wishes to deal with the property that someone else’s interest has already been prioritized, and no action can be taken without informing the person who placed the caveat.
In Kenya, there are several ways to remove a property caveat, including by the person who placed it, through a court order, or by the Registrar. If another interested person applies to have the caveat removed, the Registrar may issue a notice to the cautioner, warning them that the caveat will be removed at the end of the specified time period. If the cautioner does not object within that time, the Registrar may remove the caveat.
However, lodging a caveat without reasonable cause can result in its removal by the Registrar. In cases where a wrongful caution has been lodged, the person responsible for lodging or maintaining it without reasonable cause may be held liable for damages and ordered to pay compensation to the affected parties.