It is possible for an individual to apply to the Registrar in the Ministry of Lands for a new, or duplicate title deed, or certificate of lease after proof of loss of the original title.
One of the major concerns one might have after loss of a title deed might be that someone can use that title to transfer ownership to his, or her name before he sells it off to an unsuspecting third party, or even such crimes as faking the documentations to apply for a bank loan.
There are less complicated losses of title deeds; for example, if the title was damaged in a fire that took place in your house.
Procedure to apply for Replacement
Section 33 of The Land Registration Act provides that a person may apply for replacement of a lost, or destroyed lease/certificate of title to the Registrar in the Ministry of Lands.
As a starting point it is important to report the loss to the nearest Police station to obtain a police abstract. However, in this matter it would be wise to employ the services of a duly-registered lawyer who will move fast to protect your property from illegal transactions by placing a Caveat, or caution at the Ministry of Lands.
It would also be wise for one to do an official search to determine whether the title ownership has already been tampered with.
The Caveat is meant to ensure that any fraudster that comes across your lost title deed and documents cannot undertake transaction on your property.
The lawyer will also assist in several other processes including filing required legal documents like the statutory declaration before presentation to the registrar. The declaration forms, Replacement of Title/Lease (Form LRA), which provide details to how the documents were lost, or destroyed, should be completed by the registered plot owner.
Once the registrar is satisfied with the evidence proving the loss of the original documents, he or she will publish your name in the Kenyan Gazette as well as two main stream newspapers with National circulation before the issuance of a duplicate title deed, or certificate of lease after 60 days.
It is worth repeating that no magic is required to prove loss of a title deed, or certificate of lease other than reporting to the police and acquiring an abstract.
The other details to be included in the affidavit, or a statutory declaration detailing when the document was lost would be the circumstances, searches and efforts made to find them.
A fee is paid to the Government printer for publishing the notice of loss in the Kenya Gazette.
And in cases where a lost title deed, or certificate of lease is found, it should be delivered to the Registrar for cancellation.
However, the Registrar also has powers to reinstate any lost, or destroyed document in the land register after making inquiries and issue a 60-day notice in the Kenya Gazette.
7 Simple Steps you must make when you lose your Title Deed as elaborated by Denver.
- Report and obtain a police abstract from the nearest police station
- Apply for a search of the lost Title Deed
- Place a Caveat protecting your property from illegal transactions
- Filing of statutory declaration
- Publishing of your name in the Kenya Gazette
- Confirmation of whether the procedure was dully followed
- Green Card and White Card entries
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