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THE LAND REGISTRATION (FORMS) REGULATIONS
| 1. |
These Regulations may be cited as the Land Registration (Forms) Regulations, 2014.
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| 2. |
The form set out in the Schedule shall be used for the continued execution of land transactions.
|
SCHEDULE
FORM LA
Land Act, 2012
(to be completed in quadruplicate)
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Presentation Book Date received for registration:
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Registration Fees: KSh. ...........
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Paid on ..............., 20 .................
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Receipt No: ......................
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THE LAND REGISTRATION ACT, 2012
THE REGISTERED LAND ACT (REPEALED)
THE REGISTRATION OF TITLES ACT (REPEALED)
(This LEASE is issued pursuant to the transitional provision in Sections 160 and 161 of the Land Act and Section 108 of the Land Registration Act)
REGISTRATION UNIT: ............................. PARCEL No. ........................
THE NATIONAL/COUNTY GOVERNMENT OF .......... in consideration of the sum of shillings......................... by way of stand premium paid on or before the execution hereof or in pursuance of a surrender.
HEREBY LEASES to...........................................................................
...........................................................................................
hereinafter called "the lessee"
...........................................................................................
ALL THAT piece of land comprised in the Registry Index Map No. .............. /Deed Plan No. .................................. containing by measurement approximately ......................... hectares or thereabouts for the term of ............................ years, from the .......................... day of ................ 20 ............... at the annual rent of shillings payable in advance on the first day of January in each year and subject to the following special conditions:
payable in advance on the first day of January in each year and subject to the following special conditions:
| l. |
No buildings shall be erected on the land nor shall additions or external alterations be made to any buildings otherwise than in conformity with the plans and specifications previously approved in writing by the County Government. The County Government shall not give its approval unless it is satisfied that the proposals are such as to develop the land adequately and satisfactorily.
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| 2. |
The Lessee shall within six (6) calendar months of the actual registration of the lease submit, in triplicate to the County Government building plans (including block plans showing the positions of the buildings and system of drainage for the disposal of the sewage, surface and sullage water), drawings, elevations and specifications of the buildings the Lessee proposes to erect on the land and shall within forty-eight (48) months of actual registration of the lease complete the erection of such buildings and the construction of the drainage system in conformity with such plans, drawings, elevations and specifications as amended (if such be the case) by the National or County Government PROVIDED that notwithstanding anything to the contrary contained in or implied by the Land Act, 2012 if default shall be made in the performance or observance of any of the requirements of this condition it shall be lawful for any person authorized by it on behalf of the National and County Governments to re-enter into and upon the land or any part thereof in the name of the whole and thereupon the term hereby created shall cease but without prejudice to any right of action or remedy of the National and/or County Government in respect of any antecedent breach of any conditions herein contained.
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| 3. |
The Lessee shall maintain in good and substantial repair and conditions all buildings at any time erected on the land.
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| 4. |
Should the Lessee give notice in writing to the County Government that the lessee is unable to complete the buildings within the period a foresaid the County Government shall at the lessee's expense accept a surrender of land comprised herein PROVIDED FURTHER that if such notice is aforesaid shall be given (1) within twelve months of the actual registration of the Lease, the Government shall refund to the lessee fifty per centum of the stand premium paid in respect of the land or (2) at any subsequent time prior to the expiration of the said period the Government shall refund the lessee twenty-five per centum of the said stand premium. In the event of notice being given after the expiration of the said building period no refund shall be made.
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| 5. |
The land and buildings shall always be used for .............................................
................................................................................................
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| 6. |
The buildings shall not cover more than .........% per centum of the area of the land or such lesser area of the land that prescribed by the County Government Development Control Regulations.
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| 7. |
The land shall not be used for any purpose which the National and/or County Government considers to be dangerous or offensive.
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| 8. |
The Lessee shall not subdivide, change or extend use of the land, without prior written consent and approval of the National Government/County Government.
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| 9. |
The Lessee shall not sell, transfer, sublet, charge or part with possession of the land or any part thereof or any building thereon except with prior consent in writing of the National/County Government. No application of such consent (except in respect of a loan required for building purposes) will be considered until Special Condition No.2 has been performed.
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| 10. |
The Lessee shall from time to time pay to the County Government on demand such proportion of the cost of maintaining all roads and drains serving or adjoining the land as the County Government may assess.
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| 11. |
The Lessee shall pay such rates, taxes, charges, duties, assessments or outgoings of whatever descriptions as may be imposed charged or assessed by the Commission on behalf of the National and County Government upon the land or the buildings erected thereon, including any contribution or other sum paid by the Commission in lieu thereof.
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| 12. |
The National Government/respective County Government or such other person or authority as may be appointed for the purpose shall have the right to enter upon the land and lay and have access to water main service pipes and drains, telephone wire, fiber optic and electric mains of all descriptions whether overhead or underground and the Lessee shall not erect any buildings in such a way as to cover or interfere with any existing alignments of main or services pipes or fiber optic or telephone wires and electric mains.
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| 13. |
The National/County Government may revise the annual ground rent payable. Such rental shall be at a rate to be determined by the National/County Government of the unimproved value of the land.
Dated this .......................... day ......................., 20...............
SIGNED BY:.........................
CHIEF LAND REGISTRAR
COMMON SEAL of the lessee was
affixed hereto in the presence of:
I CERTIFY that the above-named appeared before me on the .............. day of ............., 20 ................ and being known to me/being identified by ...................................... acknowledged the above signature or marks to belong to the lessee and that the lessee freely and voluntarily executed this instrument and understood its contents.
Signature and Designation of Person Certifying
REGISTERED this .................... day of ..........................., 20 ................
Land Registrar
Name....................................................
DRAWN BY:
LAND REGISTRAR
P. O. BOX 30089
NAIROBI
|
THE LAND REGISTRATION (FORMS) REGULATIONS
| 1. |
These Regulations may be cited as the Land Registration (Forms) Regulations.
|
| 2. |
The form set out in the Schedule shall be used for the continued execution of land transactions.
|
SCHEDULE
FORMS
FORM LA
Land Act (Cap. 280)
(to be completed in quadruplicate)
|
Presentation Book Date received for registration:
|
Registration Fees: KSh. ...........
|
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Paid on ..............., 20 .................
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Receipt No: ......................
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THE LAND REGISTRATION ACT (Cap. 300)
THE REGISTERED LAND ACT (REPEALED)
THE REGISTRATION OF TITLES ACT (REPEALED)
(This LEASE is issued pursuant to the transitional provision in Sections 160 and 161 of the Land Act (Cap. 280) and Section 108 of the Land Registration Act (Cap. 300)
REGISTRATION UNIT: ............................. PARCEL No. ........................
THE NATIONAL/COUNTY GOVERNMENT OF .......... in consideration of the sum of shillings......................... by way of stand premium paid on or before the execution hereof or in pursuance of a surrender.
HEREBY LEASES to...........................................................................
...........................................................................................
hereinafter called "the lessee"
...........................................................................................
ALL THAT piece of land comprised in the Registry Index Map No. .............. /Deed Plan No. .................................. containing by measurement approximately ......................... hectares or thereabouts for the term of ............................ years, from the .......................... day of ................ 20 ............... at the annual rent of shillings payable in advance on the first day of January in each year and subject to the following special conditions:
payable in advance on the first day of January in each year and subject to the following special conditions:
| l. |
No buildings shall be erected on the land nor shall additions or external alterations be made to any buildings otherwise than in conformity with the plans and specifications previously approved in writing by the County Government. The County Government shall not give its approval unless it is satisfied that the proposals are such as to develop the land adequately and satisfactorily.
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| 2. |
The Lessee shall within six (6) calendar months of the actual registration of the lease submit, in triplicate to the County Government building plans (including block plans showing the positions of the buildings and system of drainage for the disposal of the sewage, surface and sullage water), drawings, elevations and specifications of the buildings the Lessee proposes to erect on the land and shall within forty-eight (48) months of actual registration of the lease complete the erection of such buildings and the construction of the drainage system in conformity with such plans, drawings, elevations and specifications as amended (if such be the case) by the National or County Government PROVIDED that notwithstanding anything to the contrary contained in or implied by the Land Act (Cap. 280) if default shall be made in the performance or observance of any of the requirements of this condition it shall be lawful for any person authorized by it on behalf of the National and County Governments to re-enter into and upon the land or any part thereof in the name of the whole and thereupon the term hereby created shall cease but without prejudice to any right of action or remedy of the National and/or County Government in respect of any antecedent breach of any conditions herein contained.
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| 3. |
The Lessee shall maintain in good and substantial repair and conditions all buildings at any time erected on the land.
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| 4. |
Should the Lessee give notice in writing to the County Government that the lessee is unable to complete the buildings within the period a foresaid the County Government shall at the lessee's expense accept a surrender of land comprised herein PROVIDED FURTHER that if such notice is aforesaid shall be given (1) within twelve months of the actual registration of the Lease, the Government shall refund to the lessee fifty per centum of the stand premium paid in respect of the land or (2) at any subsequent time prior to the expiration of the said period the Government shall refund the lessee twenty-five per centum of the said stand premium. In the event of notice being given after the expiration of the said building period no refund shall be made.
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| 5. |
The land and buildings shall always be used for .............................................
................................................................................................
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| 6. |
The buildings shall not cover more than .........% per centum of the area of the land or such lesser area of the land that prescribed by the County Government Development Control Regulations.
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| 7. |
The land shall not be used for any purpose which the National and/or County Government considers to be dangerous or offensive.
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| 8. |
The Lessee shall not subdivide, change or extend use of the land, without prior written consent and approval of the National Government/County Government.
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| 9. |
The Lessee shall not sell, transfer, sublet, charge or part with possession of the land or any part thereof or any building thereon except with prior consent in writing of the National/County Government. No application of such consent (except in respect of a loan required for building purposes) will be considered until Special Condition No.2 has been performed.
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| 10. |
The Lessee shall from time to time pay to the County Government on demand such proportion of the cost of maintaining all roads and drains serving or adjoining the land as the County Government may assess.
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| 11. |
The Lessee shall pay such rates, taxes, charges, duties, assessments or outgoings of whatever descriptions as may be imposed charged or assessed by the Commission on behalf of the National and County Government upon the land or the buildings erected thereon, including any contribution or other sum paid by the Commission in lieu thereof.
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| 12. |
The National Government/respective County Government or such other person or authority as may be appointed for the purpose shall have the right to enter upon the land and lay and have access to water main service pipes and drains, telephone wire, fiber optic and electric mains of all descriptions whether overhead or underground and the Lessee shall not erect any buildings in such a way as to cover or interfere with any existing alignments of main or services pipes or fiber optic or telephone wires and electric mains.
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| 13. |
The National/County Government may revise the annual ground rent payable. Such rental shall be at a rate to be determined by the National/County Government of the unimproved value of the land.
Dated this .......................... day ......................., 20...............
SIGNED BY:.........................
CHIEF LAND REGISTRAR
COMMON SEAL of the lessee was
affixed hereto in the presence of:
I CERTIFY that the above-named appeared before me on the .............. day of ............., 20 ................ and being known to me/being identified by ...................................... acknowledged the above signature or marks to belong to the lessee and that the lessee freely and voluntarily executed this instrument and understood its contents.
Signature and Designation of Person Certifying
REGISTERED this .................... day of ..........................., 20 ................
Land Registrar
Name....................................................
DRAWN BY:
LAND REGISTRAR
P. O. BOX 30089
NAIROBI
|
THE LAND REGISTRATION (FORMS) (NO. 2) REGULATIONS
ARRANGEMENT OF REGULATIONS
THE LAND REGISTRATION ACT (Cap. 300)
THE REGISTRATION OF TITLES ACT (Cap. 281) (Repealed)
THE GOVERNMENT LAND ACT (Cap. 280) (Repealed)
THE LAND TITLES ACT (Cap. 282) (Repealed)
THE LAND REGISTRATION (FORMS) (NO. 2) REGULATIONS
1. These regulations may be cited as the Land Registration (Forms) (No. 2) Regulations, 2014.
2. The form set out in the Schedule shall be used for the continued execution of land transactions.
THE LAND REGISTRATION ACT, No. 3 of 2012
THE LAND ACT No. 6 of 2012
THE REGISTRATION OF TITLES ACT (Cap. 281) (Repealed)
THE GOVERNMENT LAND ACT (Cap. 280) (Repealed)
THE LAND TITLES ACT (Cap. 282) (Repealed)
Title No. ..................................................
Term: .............................. Years: ....................... From: ......................
Annual Rent Kenya Shilling: ..................................................... (Revisable)
I hereby certify that ..........................................................................
of P.O. Box ...................................................................................
in the Republic of Kenya, pursuant to section 108 of the Land Registration Act is/are now registered proprietors(s) as lessee(s) from the Government of the Republic of Kenya for the term of ....years from the.....................day of ...................two thousand and............
ALL that piece of land situate in the .................. Municipality in the .................. District containing by measurement ........................................ hectares/acres (less road reserve of ............................ Ha/Ac) or thereabouts and being land Reference Number ................ (original Number.......) as delineated on Land Survey Plan Number ................... annexed hereto SUBJECT however to the revisable annual rent of shillings .............. and to the Act(s) special conditions, Encumbrances and other matters specified in the Memorandum hereunder written.
IN WITNESS whereof I have hereunto set my hand and seal this ................. day of................... Two Thousand and ........................
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.......................................................
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Registrar of Titles
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1. The Land Registration Act, No. 3 of 2012
2. The Land Act No. 6 of 2012
3. The Special conditions contained in Lease No ..........................
4. The Government Land Act (Cap. 280) (Repealed)
5. The Registration of Titles Act (Cap. 281) (Repealed)
6. The Land Titles Act (Cap.282) (Repealed)
THE LAND REGISTRATION (FORMS) (NO. 2) REGULATIONS
1. These regulations may be cited as the Land Registration (Forms) (No. 2) Regulations.
2. The form set out in the Schedule shall be used for the continued execution of land transactions.
THE LAND REGISTRATION ACT (Cap. 300)
THE REGISTRATION OF TITLES ACT (Cap. 281) (Repealed)
THE GOVERNMENT LAND ACT (Cap. 280) (Repealed)
THE LAND TITLES ACT (Cap. 282) (Repealed)
Title No. ..................................................
Term: .............................. Years: ....................... From: ......................
Annual Rent Kenya Shilling: ..................................................... (Revisable)
I hereby certify that ..........................................................................
of P.O. Box ...................................................................................
in the Republic of Kenya, pursuant to section 108 of the Land Registration Act is/are now registered proprietors(s) as lessee(s) from the Government of the Republic of Kenya for the term of ....years from the.....................day of ...................two thousand and............
ALL that piece of land situate in the .................. Municipality in the .................. District containing by measurement ........................................ hectares/acres (less road reserve of ............................ Ha/Ac) or thereabouts and being land Reference Number ................ (original Number.......) as delineated on Land Survey Plan Number ................... annexed hereto SUBJECT however to the revisable annual rent of shillings .............. and to the Act(s) special conditions, Encumbrances and other matters specified in the Memorandum hereunder written.
IN WITNESS whereof I have hereunto set my hand and seal this ................. day of................... Two Thousand and ........................
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.......................................................
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Registrar of Titles
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1. The Land Registration Act (Cap. 300)
2. The Land Act (Cap. 280)
3. The Special conditions contained in Lease No. ..........................
4. The Government Land Act (Cap. 280) (Repealed)
5. The Registration of Titles Act (Cap. 281) (Repealed)
6. The Land Titles Act (Cap.282) (Repealed)
THE LAND REGISTRATION (GENERAL) REGULATIONS
ARRANGEMENT OF REGULATIONS
PART II – ORGANISATION AND ADMINISTRATION OF REGISTRIES
| 7. |
Serialization and keeping of the presentation book
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| 8. |
Priority of registration
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| 9. |
Contents of the register
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| 10. |
Contents of the property section
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| 11. |
Additional Contents of property section for sectional units
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| 12. |
Contents of the proprietorship section
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| 13. |
Contents of the encumbrance section
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| 14. |
Application to register a community land
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| 15. |
Contents of the proprietorship section of community land register
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PART III – POWER OF ATTORNEY
| 17. |
General Power of Attorney
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| 18. |
Specific Power of Attorney
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| 19. |
Irrevocable Power of Attorney
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| 20. |
Revocation of Power of Attorney
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PART IV – REGISTRATION UNDER THE REGISTER
| 21. |
Application for registration to be in prescribed form
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| 22. |
Documents in support of applications
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| 24. |
First Registration after adjudication
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| 25. |
First registration after consolidation
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| 26. |
First registration after allocation
|
| 28. |
Reconstruction of a land register
|
| 29. |
Reconstruction of a land register where title documents are missing
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| 30. |
Application for a certificate
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| 31. |
Form of certificate of title and certificate of lease
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| 32. |
Time for registration
|
| 33. |
Application in order of time
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| 34. |
Additional requirements
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| 35. |
Rejection of an application
|
| 36. |
Mode of Payment of fees
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| 38. |
Continuation of application by operation of law
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| 39. |
Supervision by the Chief Land Registrar
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PART V – BOUNDARIES
| 40. |
Application for re-establishing a missing boundary or ascertainment of a boundary in dispute
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| 41. |
Application for ascertaining and fixing boundaries
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| 42. |
Order to demarcate and maintain boundaries
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| 43. |
Application for combination or subdivision
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| 44. |
Application for re-parcellation
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| 45. |
Application for partition
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| 46. |
Application in absence of consent by co-tenant
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| 47. |
Consent of a chargee to partition
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PART VI – DISPOSITION AFFECTING LAND
| 48. |
Terms and conditions of sale
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| 49. |
Requirements for transfer
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| 50. |
Transfer Subject to an encumberance
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| 51. |
Transfer of undivided share
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| 52. |
Transfer of a joint interest
|
| 53. |
Severance of joint tenancy
|
| 54. |
Transmission on death of a joint tenant
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| 55. |
Transmissions subject to confirmation of grant or probate
|
| 56. |
Transfer to personal representative
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| 57. |
Transfer by personal representative to beneficiary
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| 58. |
Transfer by personal representative to third party
|
| 59. |
Transmission on bankruptcy
|
| 60. |
Transmission on liquidation
|
| 61. |
Transfer to companies and limited liability partnership
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| 62. |
Transmission in other cases
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| 63. |
Document executed under the power of Attorney
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| 64. |
Application to be registered as trustee
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| 65. |
Registration of disposition in favour of trustees incorporated under the Trustees Perpetual Succession, Act Cap. 43
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| 66. |
Transfer by a trustee
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PART VII – CHARGES
| 68. |
Priority rights of prior chargees
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| 69. |
Consent for second or subsequent charge
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| 70. |
Registration of a charge, second charge or subsequent charge
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| 71. |
Registration of an informal charge
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| 72. |
Memorandum of variation of a charge
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| 75. |
Application by a chargee to be registered as proprietor
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PART VIII – LEASES
| 77. |
Long term Lease for part of a building
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PART IX – INHIBITIONS, RESTRICTIONS AND CAUTIONS
| 79. |
Registration of a court order of inhibition
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| 80. |
Registration of a caution
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| 81. |
Registration of a restriction
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PART X – EASEMENT AND ANALOGOUS RIGHTS
| 82. |
Grant of easement or analogous right
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| 83. |
Cancellation of easement or analogous right
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| 84. |
Consent from persons entitled to benefit from easement or analogous right
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| 85. |
Application for cancellation of grant of easement or analogous right
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PART XI – OFFICIAL SEARCHES
PART XII – FORMS
| 89. |
Format legibility and completeness of forms
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PART XIII – ELECTRONIC REGISTRATION AND CONVEYANCING
| 90. |
Electronic dispositions
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PART XIV – CORRECTIONS, RECTIFICATIONS AND INDEMNITY
| 91. |
Corrections of an error on the register
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| 92. |
Notice of rectification of register
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| 93. |
Conduct of hearing for rectification of the register
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| 94. |
Court mandated alteration of the register
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PART XVI – ADDRESS FOR SERVICE AND NOTICES
| 95. |
Detail of address of service
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| 96. |
Mode of service of notices by the Registrar
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PART XV – MISCELLANEOUS
| 100. |
Production of document for inspection
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| 101. |
Storage of instruments
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SCHEDULES
| FIRST SCHEDULE [r. 3] — |
OATH/AFFIRMATION OF THE OFFICE OF CHIEF LAND REGISTRAR/DEPUTY CHIEF LAND REGISTRAR/COUNTY LAND REGISTRAR/LAND REGISTRAR
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| SECOND SCHEDULE [r. 5(1)] — |
SEAL OF THE REGISTRY
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| THIRD SCHEDULE [r. 32(1)] — |
THE TIME LIMIT FOR SERVICES AT THE REGISTRY
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| FOURTH SCHEDULE [r. 88(1)] — |
VERIFICATION OF INSTRUMENTS: PRESCRIBED OFFICERS AND OTHER PERSONS
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| FIFTH SCHEDULE [r. 93(1)] — |
PROCEDURE FOR HEARINGS BY THE REGISTRAR
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| SIXTH SCHEDULE — |
PRESENTATION BOOK
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THE LAND REGISTRATION (GENERAL) REGULATIONS
| 1. |
Citation
These Regulations may be cited as the Land Registration (General) Regulations, 2017.
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| 2. |
Interpretation
In these Regulations, unless the context otherwise requires—
"business day" has the meaning assigned to it under regulation 4;
"business hours" means the period—
| (a) |
from nine o'clock in the morning to one o'clock in the afternoon; and
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| (b) |
from two o'clock to four o'clock on a business day;
|
"cautioner" means the person who lodges a caution or on whose behalf a caution has been lodged;
"Certificate of Compliance" has the meaning ascribed to it by the Companies Act (No. 17 of 2015);
"electronic form" means a form produced by making a copy image or reproduction of a written instrument;
"electronic instrument" means an instrument in an electronic form;
"encumbrance" means any charge, lease or other interest which adversely affects land or an interest in land or lease;
"first registration" means—
| (a) |
an interest noted under any of the repealed Acts, on the commencement of this Act by virtue of sections 104 and 105 of the Act in the case of—
| (ii) |
certificate of title;
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| (iii) |
certificate of lease;
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| (iv) |
a register issued or maintained under the repealed Act; or
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| (b) |
in any other case the date on which the land first came on to the land register;
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"foreign company" means a corporate entity incorporated outside Kenya;
"transition register" a register maintained under section 104 during the transition period; and
"presentation book" means the presentation book kept under regulation 5.
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PART II – ORGANISATION AND ADMINISTRATION OF REGISTRIES
| 3. |
Oath of office
| (1) |
The Registrar shall, before assuming office, take the oath or affirmation of office prescribed in the First Schedule.
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| (2) |
The Registrar may, when conducting hearings or taking evidence under the Act, administer an oath or take an affirmation or declaration from any person entitled by law to affirm or declare.
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| 4. |
Official stamp
| (1) |
Each Registrar shall keep a unique stamp bearing an official number and name of the Registrar.
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| (2) |
The Registrar shall use the stamp while performing official duties and shall surrender the stamp to the Chief Land Registrar in the event of change in the registration duties.
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| 5. |
Seal of the registry
| (1) |
Each registry shall have a seal with distinct features as specified in the Second Schedule.
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| (2) |
The seal of the registry shall be authenticated by the Registrar.
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| 6. |
Business days
| (1) |
Subject to paragraph (2) the registry shall be open to the public every day except Saturdays, Sundays and public holidays during business hours.
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| (2) |
The Registrar may vary the business days and business hours of the registry.
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| 7. |
Serialization and keeping of the presentation book
| (1) |
All instruments accepted by a Registrar for filing or registration shall be given a serial number which shall be numbered consecutively in the order of the time in which they are presented.
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| (2) |
In each registry, the Registrar shall keep a record, to be known as the presentation book, in Form LRA I set out in the Sixth Schedule, which shall record—
| (a) |
a description of every application made or instrument presented to the Registrar for filing or registration;
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| (b) |
a date and time of presentation; and
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| (3) |
An application or instrument received on a business day is to be recorded at the time of the day that notice when it is entered in the presentation book.
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| (4) |
An application or instrument received on a day which is not a business day (if accepted) is to be taken as made at first minute of the next business day after the day it was received.
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| (5) |
An application or instrument shall be received—
| (a) |
when it is delivered to the designated proper office in the Registry; or
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| (b) |
when it is delivered to the Registrar under any relevant notice given under the Act or by the Registrar under these Regulations.
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| 8. |
Priority of registration
For the purposes of priority, the time of presentation of instruments as noted in the presentation book shall be the time of registration and the serial number assigned to the application or instrument shall determine the priority of the instruments.
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| 9. |
Contents of the register
The land register referred to under section 7 of the Act shall contain—
| (b) |
the proprietorship section; and
|
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| 10. |
Contents of the property section
| (1) |
The property section of a land register under regulation 9(a) shall contain a description of a parcel specifying—
| (a) |
the registration unit, registration section, block number and parcel number of the parcel;
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| (b) |
the approximate area of the parcel;
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| (c) |
any easement and analogous rights benefitting or affecting the parcel;
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| (e) |
cadastral sheet number of the parcel;
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| (f) |
cadastral plan number (for parcels with fixed boundaries); and
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| (g) |
such other matters as may be required to be entered under the Act and these Regulations or any other law.
|
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| (2) |
The description in paragraph (1)(b) shall not be included for the purposes of registering of sectional units.
|
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| 11. |
Additional Contents of property section for sectional units
For sectional units, the property section of a register for a lease under section 54(4) and (5) of the Act, shall in addition to the details in regulation 10 contain—
| (b) |
a unique suffix number to the section unit;
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| (c) |
the approximate floor area of the section unit; and
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| (d) |
approximate area in case of lease of part of the parcel.
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|
| 12. |
Contents of the proprietorship section
The proprietorship section of a register under regulation 9(b) shall contain a description of a proprietor of a parcel specifying-
| (a) |
the name of a proprietor including the identification details in the case of individual or, if the proprietor is a corporate entity, the registration number;
|
| (b) |
the gender of a proprietor, where applicable;
|
| (c) |
the postal and physical address of the proprietor for service in Kenya;
|
| (d) |
where available, the telephone numbers and email address of a proprietor;
|
| (e) |
the personal identification number of a proprietor;
|
| (f) |
the nationality of the proprietor;
|
| (g) |
any inhibitions, cautions or restrictions affecting the proprietor's right of disposition and which are required to be noted under the Act; and
|
| (h) |
such other matters as may be required to be entered under the Act or any other law.
|
|
| 13. |
Contents of the encumbrance section
The encumbrance section of a register under regulation 9(c) shall contain—
| (a) |
the details of any encumbrance or right adversely affecting the land or interest in land;
|
| (b) |
the name and address for service of the encumbrancer;
|
| (c) |
any dealings with the encumbrancer including matters affecting its priority capable of being noted on the register;
|
| (d) |
any easement or analogous right affecting the land; and
|
| (e) |
such other matters as are required to be entered under the Act or these Regulations.
|
|
| 14. |
Application to register a community land
Subject to the law relating to community land, an application to register a parcel of land as community land shall be accompanied by the documents set out in section 8(1) of the Act.
|
| 15. |
Contents of the proprietorship section of community land register
The proprietorship section of a register that pertains to community land shall contain—
| (a) |
the name of the community identified in accordance with Article 63 of the Constitution, the Community Land Act, (No. 27 of 2016) and any other law relating to community land;
|
| (b) |
the registration number of the community, where applicable;
|
| (c) |
the details set out in regulation 11(b)(c)(d) and (f); and
|
| (d) |
any other requirement under the Community Land Act, 2016 or under any written law.
|
|
| 16. |
Forms of registers
| (1) |
The register shall, in the case of an absolute title, be in Form LRA 2 set out in the Sixth Schedule.
|
| (2) |
The register shall, in the case of a leasehold title, be in Form LRA 3 set out in the Sixth Schedule.
|
| (3) |
The register of powers of attorney shall be in the prescribed Form LRA 4 set out in the Sixth Schedule.
|
| (4) |
A register shall be maintained in both a paper form and an electronic format.
|
|
PART III – POWER OF ATTORNEY
| 17. |
General Power of Attorney
A person who wishes to register a general power of attorney shall present a request to the Registrar it in Form LRA 5 set out in the Sixth Schedule.
|
| 18. |
Specific Power of Attorney
A person who wishes to register specific power of attorney shall present a request to the Registrar in Form LRA 6 set out in the Sixth Schedule.
|
| 19. |
Irrevocable Power of Attorney
A person who wishes to register an irrevocable power of attorney shall present a request to the Registrar in Form LRA 7 set out in the Sixth Schedule.
|
| 20. |
Revocation of Power of Attorney
A person who wishes to revoke a registered power of attorney may present a request to the Registrar in Form LRA 8 set out in the Sixth Schedule.
|
PART IV – REGISTRATION UNDER THE REGISTER
| 21. |
Application for registration to be in prescribed form
| (1) |
Except where an instrument has been prepared by the Registrar, every instrument presented for registration shall be accompanied by an application for registration in the prescribed form.
|
| (2) |
Any application made under the Act or these Regulations for which no other application form is prescribed must be made in Form LRA 9 set out in the Sixth Schedule.
|
|
| 22. |
Documents in support of applications
| (1) |
Unless the Registrar otherwise directs, every application for registration shall be accompanied by—
| (a) |
all such original title documents or other documents relating to the land or the interest in land;
|
| (b) |
a cadastral plan (where applicable) approved by the office or authority responsible for land survey;
|
| (c) |
such other documents as the Registrar may reasonably require for purposes of clearly identifying the land or interest in land; and
|
| (d) |
a list, in duplicate, specified in Form LRA 9 set out in the Sixth Schedule of all the documents lodged with the Registrar.
|
|
| (2) |
Except as otherwise provided in the Act or these Regulations, all instruments presented for registration shall where applicable be in two counterparts and each counterpart shall be deemed an original.
Provided that for purposes of registration one counterpart shall be marked as "original" and the other as "counterpart".
|
| (3) |
Upon registration, the Registrar shall retain one counterpart and return the counterpart marked "original" to the applicant.
|
| (4) |
When considering an application for registration, the Registrar may—
| (a) |
make searches and enquiries over the parcel;
|
| (b) |
give such notices as are required under the Act or these Regulations to other persons;
|
| (c) |
direct that searches and enquiries be made by the applicant; or
|
| (d) |
where necessary advertise the application.
|
|
|
| 23. |
Spousal interest
| (1) |
A registered proprietor may apply to the Registrar for inclusion of the name of their spouse(s) in the register.
|
| (2) |
A spouse of a registered proprietor may apply to the Registrar to be included in the register as a spouse in Form LRA 10 set out in the Sixth Schedule.
|
| (3) |
The Registrar shall, within fourteen days of receipt of the application made under paragraph (2), issue a thirty days' notice of intention to note a spouse in the register to a registered proprietor in Form LRA 11 set out in the Sixth Schedule.
|
| (4) |
The Registrar shall, in the absence of any objection from the registered proprietor upon expiry of the notice period in paragraph (3), include the applicant under paragraph (2) in the register as a spouse.
|
| (5) |
The Registrar shall refuse to include the applicant under paragraph (2) in the register as a spouse on receipt of an objection from the registered proprietor.
|
| (6) |
The Registrar shall give reasons for the decision made in accordance with paragraph (5).
|
| (7) |
The entry of the name of a spouse in the register under paragraph (4) above does not confer ownership status to the spouse.
|
|
| 24. |
First Registration after adjudication
| (1) |
The first registration pursuant to an adjudication process under the Land Adjudication Act, (Cap. 284) shall be based on the adjudication register and the Registrar shall note in the land register such restrictions or conditions as may be applicable.
|
| (2) |
In this regulation, an "adjudication register" means the adjudication register referred in section 24 of the Land Adjudication Act.
|
|
| 25. |
First registration after consolidation
| (1) |
The first registration pursuant to a consolidation under the Land Consolidation Act, (Cap. 283) shall be based on the adjudication register and the Registrar shall note in the land register such restrictions or conditions as may be necessary.
|
| (2) |
In this regulation an "adjudication register" means the adjudication register mentioned in section 24 of the Land Consolidation Act, (Cap. 283).
|
|
| 26. |
First registration after allocation
The first proprietor noted in the register of any parcel or interest in land pursuant to an allocation process shall be the registered proprietor and the Registrar shall note in the land register such restrictions or conditions as may be necessary.
|
| 27. |
Lost documents
| (1) |
A person whose instrument is lost, destroyed or misplaced shall apply for a replacement in Form LRA 12 set out in the Sixth Schedule and the application shall be supported by such evidence as is required under section 33 of the Act.
|
| (2) |
Upon receipt of an application under paragraph (1), the registrar shall, by a notice in the Gazette in Form LRA 13, notify the public of the loss, destruction or misplacement.
|
| (3) |
Where an instrument that has been lodged at a registry is lost, destroyed or misplaced, the Registrar shall notify the registered proprietor, in writing, of such loss, destruction or misplacement for purposes making an application under paragraph (1).
|
|
| 28. |
Reconstruction of a land register
| (1) |
On loss or destruction of the land register, a person claiming to be a registered proprietor may apply to the Registrar for the reconstruction of the register in Form LRA 14 set out in the Sixth Schedule.
|
| (2) |
Where the applicant under paragraph (1) is a body corporate, the application shall be accompanied by a statutory declaration in Form LRA 15 set out in the Sixth Schedule.
|
| (3) |
Where the applicant under paragraph (1) is a natural person, the application shall be accompanied by a statutory declaration in Form LRA 16 set out in the Sixth Schedule.
|
| (4) |
An applicant under paragraph (1) shall provide an indemnity in Form LRA 17 set out in the Sixth Schedule to the Registrar.
|
| (5) |
Upon receipt of an application made under paragraph (1), the Registrar shall notify the loss by notice in the Gazette in Form LRA 18 set out in the Sixth Schedule.
|
| (6) |
After the expiry of the notice in paragraph (3), the Registrar shall obtain clarification on the parcel status from-
| (a) |
the office or authority responsible for survey;
|
| (b) |
the office or authority responsible for land administration; and
|
| (c) |
any other office the Registrar may deem necessary.
|
|
| (7) |
Upon clarification under paragraph (4) and no objection has been raised against the application made under paragraph (1), the Registrar may reconstruct the land register.
|
|
| 29. |
Reconstruction of a land register where title documents are missing
| (1) |
Where the title documents are lost or destroyed, a person claiming to be a registered proprietor to make an application for reconstruction of the register in Form LRA 14 set out in the Sixth Schedule to the Registrar.
|
| (2) |
Where the applicant under paragraph (1) is a body corporate, the application shall be accompanied by a statutory declaration in Form LRA 15 set out in the Sixth Schedule.
|
| (3) |
Where the applicant under paragraph (1) is a natural person, the application shall be accompanied by a statutory declaration in Form LRA 16 set out in the Sixth Schedule.
|
| (4) |
An applicant under paragraph (1) shall provide an indemnity to the Registrar in Form LRA 17.
|
| (5) |
Upon receipt of an application made under paragraph (1), the Registrar shall notify the loss by notice in the Gazette in Form LRA 18 set out in the Sixth Schedule.
|
| (6) |
After the expiry of the notice in paragraph (3), the Registrar shall obtain clarification on the parcel status from—
| (a) |
the office or authority responsible for survey;
|
| (b) |
the office or authority responsible for land administration; and
|
| (c) |
any other office the Registrar may deem necessary.
|
|
| (7) |
Upon clarification under paragraph (4) and no objection has been raised against the application made under paragraph (1), the Registrar may reconstruct the land register.
|
|
| 30. |
Application for a certificate
| (1) |
A person who has an interest in land for which a certificate of lease or a certificate of title is to be issued may apply to the Registrar for the certificate in Form LRA 19 set out in the Sixth Schedule.
|
| (2) |
An applicant under paragraph (1) shall pay the prescribed fees.
|
| (3) |
The application under paragraph (1) shall be accompanied by—
| (a) |
all instruments evidencing ownership in respect of the land or interest in land which are in possession of the proprietor except any document which is already in possession of the registry pursuant to an ongoing transaction; and
|
| (b) |
an official search in respect of the land or interest in land issued within the preceding thirty days.
|
|
| (4) |
Upon Compliance with paragraphs (1), (2) and (3), the Registrar shall issue a certificate of lease or a certificate of title, whichever is applicable.
|
|
| 31. |
Form of certificate of title and certificate of lease
| (1) |
A certificate of title issued by the Registrar, in accordance with section 30 of the Act, shall be in Form LRA 20 set out in the Sixth Schedule and shall include all subsisting entries and encumbrances noted on the relevant register.
|
| (2) |
A certificate of lease issued by the Registrar, in accordance with section 30 of the Act, shall be in Form LRA 21 set out in the Sixth Schedule and shall include all subsisting entries and encumbrances noted on the relevant register.
|
| (3) |
An application by the registered proprietor for the replacement of a certificate of title or a certificate of lease issued by the Registrar in accordance with section 33 of the Act shall be in Form LRA 12 set out in the Sixth Schedule.
|
|
| 32. |
Time for registration
| (1) |
The time for registration of instruments presented for registration shall be as set out in the Third Schedule.
|
| (2) |
The Registrar may, for sufficient cause, extend the time prescribed for registration under this regulation provided always that such extension of time shall have regard to the need for efficient delivery of services to the public.
|
|
| 33. |
Application in order of time
The Registrar shall ensure that applications for registration are dealt with in the order of the time in which they were lodged.
|
| 34. |
Additional requirements
| (1) |
The Registrar may make inquiries and request for such additional evidence and documents as he considers necessary when he receives an application for registration.
|
| (2) |
The Registrar may specify a period, of not less than seven business days, within which the applicant must comply with the requirement in paragraph (1).
|
| (3) |
If an applicant fails to comply with the requirements in this regulation, the Registrar may reject the application.
|
|
| 35. |
Rejection of an application
| (1) |
The Registrar may reject an application that appears to the Registrar—
| (a) |
to be substantially defective; or
|
| (b) |
to have been submitted for registration without the requisite documents required under the Act or these Regulations.
|
|
| (2) |
The Registrar may reject an application under paragraph (1) when the application is lodged for registration or at any time thereafter, and communicate the rejection in Form LRA 22 set out in the Sixth Schedule and state the reason for the rejection.
|
|
| 36. |
Mode of Payment of fees
| (1) |
Subject to regulation 97, all fees payable to the Registrar under these Regulations shall be payable—
|
| (2) |
Where the prescribed fees are paid by means of a banker's cheque, the Registrar shall not complete the application until the cheque is honoured and where the cheque is not honoured, the application may be cancelled and rejected.
|
|
| 37. |
Appeal
| (1) |
A person whose application has been rejected under regulations 34 or 35 may appeal to the County Registrar and thereafter the Chief Land Registrar, if not satisfied.
|
| (2) |
The County Registrar or the Chief Land Registrar as the case may be, shall hear and determine the appeal under paragraph (1) within fourteen days of receiving the appeal.
|
| (3) |
There shall be a stay of registration and no instrument affecting the interest under review shall be considered for registration over the affected parcel during the fourteen days under paragraph (2).
|
| (4) |
Despite paragraph (3), an applicant or any other person who is dissatisfied by the rejection of an application by the Registrar may appeal directly to the Court.
|
| (5) |
A party who has made an appeal to the County Registrar or the Chief Land Registrar under this regulation shall not make a concurrent appeal to the Court until after the decision by the County Registrar or the Chief Land Registrar as the case may be, or after the fourteen days specified under paragraph (2), whichever shall occur first.
|
|
| 38. |
Continuation of application by operation of law
If, before an application has been completed, the whole of the applicant's interest is transferred by operation of law, the application may be continued by the person entitled to that interest in consequence of that transfer.
|
| 39. |
Supervision by the Chief Land Registrar
The Registrar shall maintain a record, known as the presentation book, showing the date and time at which every application under the Act or these Regulations was made and the status of its registration.
|
PART V – BOUNDARIES
| 40. |
Application for re-establishing a missing boundary or ascertainment of a boundary in dispute
| (1) |
An interested person may apply to the Registrar for the ascertaining of a missing boundary or a boundary in dispute under section 18(3) of the Act in Form LRA 23 set out in the Sixth Schedule.
|
| (2) |
The Registrar shall issue a notice in Form LRA 24 set out in the Sixth Schedule to all persons appearing in the register that may be affected or such other persons as the Registrar may deem necessary for resolution of the dispute if a person has complied with paragraph (1).
|
| (3) |
The Registrar shall notify the office responsible for survey of land of the intended hearing of a boundary dispute and require their attendance if a person has complied with paragraph (1).
|
| (4) |
In determining a boundary dispute lodged in accordance with paragraph (1), the Registrar shall be guided by the recommendation of the office responsible for survey of land.
|
| (5) |
The Registrar shall, after giving all persons appearing for the hearing in accordance with the notifications sent under paragraphs (1) and (2) an opportunity to be heard, make a determination of the dispute and inform the parties accordingly.
|
| (6) |
Any party aggrieved by the decision of the Registrar made under paragraph (5) may, within thirty days of the date of notification, appeal the decision to the Court.
|
| (7) |
Upon expiry of thirty days, the Registrar shall—
| (a) |
cause to be defined by survey the precise position of the boundaries in question;
|
| (b) |
file a plan approved by the authority responsible for survey of land containing the necessary particulars; and
|
| (c) |
make a note in the register that the boundaries have been fixed, and thereupon the plan shall be deemed to define accurately the boundaries of the parcel.
|
|
| (8) |
A dispute for determination of a boundary and or parcel shall, unless in the case of special circumstances, be completed within a period not exceeding six months from the date of filing the application.
|
|
| 41. |
Application for ascertaining and fixing boundaries
| (1) |
An interested person may apply to the Registrar for the ascertaining and fixing of boundaries of land under section 19 (1) of the Act, in Form LRA 23 set in the Sixth Schedule.
|
| (2) |
The notice issued by the Registrar under section 19(1) of the Act shall be in Form LRA 24 set out in the Sixth Schedule.
|
| (3) |
When making a decision under section 19(1) of the Act, the Registrar shall follow the procedure outlined in regulation 40.
|
|
| 42. |
Order to demarcate and maintain boundaries
The Registrar may order a registered proprietor to demarcate and maintain boundaries under section 20(2) and (3) of the Act in Form LRA 25 set out in the Sixth Schedule.
|
| 43. |
Application for combination or subdivision
| (1) |
A proprietor may apply to the Registrar for combination or subdivision under section 22(1) or (2) of the Act, in Form LRA 26 set out in the Sixth Schedule.
|
| (2) |
An application under (1) shall be supported by—
| (a) |
a copy of an approval of development application from the relevant County Government for the subdivision or combination;
|
| (b) |
a copy of the registered Mutation Form in Form LRA 27 set out in the Sixth Schedule;
|
| (c) |
a cadastral map for the subdivision or combination;
|
| (d) |
a cadastral plan for each resultant parcel (for parcels with fixed boundaries);
|
| (e) |
the certificate of title or the certificate of lease of the parcel being subdivided or parcels being combined;
|
| (f) |
any consent required for the combination and subdivision;
|
| (g) |
any other approval required under any applicable legislation for the subdivision or combination; and
|
| (h) |
any other documents required under any written law.
|
|
|
| 44. |
Application for re-parcellation
| (1) |
The proprietors of contiguous parcels may apply for the change of the layout of their parcels under section 23 of the Act in Form LRA 28 set out in the Sixth Schedule.
|
| (2) |
An application under (1) shall be supported by—
| (a) |
the certificates of title or the certificates of lease of the parcels being re-parcelled;
|
| (b) |
a cadastral map for the re-parcellation;
|
| (c) |
a cadastral plan for each resultant parcel for parcels with fixed boundaries;
|
| (d) |
any consent required for the re-parcellation;
|
| (e) |
copy of approval of development application from the relevant County Government for the re-parcellation;
|
| (f) |
a copy of the registered Mutation in Form LRA 27 set out in the Sixth Schedule;
|
| (g) |
any other approval required under any applicable legislation for the re-parcellation; and
|
| (h) |
any other document required under any written law.
|
|
|
| 45. |
Application for partition
| (1) |
A tenant in common may apply for partition of land held in common under section 94(1) of the Act, in Form LRA 29 set out in the Sixth Schedule.
|
| (2) |
An application in (1) shall be supported by—
| (a) |
the certificate of title or the certificate of lease of the parcel being partitioned;
|
| (b) |
cadastral map for the partition;
|
| (c) |
cadastral plan for each resultant parcel, for parcels with fixed boundaries;
|
| (d) |
any consent required for the partition;
|
| (e) |
copy of the registered Mutation in Form LRA 27 set out in the Sixth Schedule;
|
| (f) |
copy of approval of development application from the relevant County Government for the partition; and
|
| (g) |
any other document required under any written law.
|
|
|
| 46. |
Application in absence of consent by co-tenant
| (1) |
An application for partition of land owned in common without the consent of the tenants in common, under section 94(2) of the Act, shall be made in Form LRA 30 set out in the Sixth Schedule.
|
| (2) |
Upon receiving an application under paragraph (1), the Registrar shall issue a notice of hearing to all the tenants in common in Form LRA 31 set out in the Sixth Schedule.
|
| (3) |
The order by the Registrar made pursuant to the hearing under this regulation shall set out the reasons for the decision.
|
| (4) |
The decision made under paragraph (3) shall grant an aggrieved party leave to apply for judicial review.
|
| (5) |
An instrument affecting an interest in land, which is the subject of the application, shall not be considered for registration until the expiry of twenty one days from the date of making the order under paragraph (3).
|
|
| 47. |
Consent of a chargee to partition
The consent of a chargee to partition land under section 97(1) of the Act shall be in Form LRA 32 set out in the Sixth Schedule.
|
PART VI – DISPOSITION AFFECTING LAND
| 48. |
Terms and conditions of sale
| (1) |
Unless the parties to a contract expressly provide otherwise, the Law Society Conditions of Sale shall apply to a contract for sale of an interest in land.
|
| (2) |
Despite paragraph (1), a contract for sale of an interest in land shall be subject to the provisions of the Act, any other applicable law and to any modification or any stipulation of any intention to the contrary which is expressed in the contract.
|
|
| 49. |
Requirements for transfer
| (1) |
Subject to section 37(1) of the Act an application for the transfer of any interest in land shall be in Form LRA 33 set out in the Sixth Schedule.
|
| (2) |
An application under paragraph (1) shall be supported by—
| (a) |
the original title documents;
|
| (b) |
where applicable, a land rent clearance certificate;
|
| (c) |
a land rates clearance certificate;
|
| (d) |
where applicable, the consent of the head lessor;
|
| (e) |
any consent required for registration unless a particular consent has been endorsed on the instrument of transfer;
|
| (f) |
where applicable, a form for Valuation of Stamp Duty, duly filled and approved by a government valuer; and
|
| (g) |
any other document as may be required under the Act, these Regulations or any other written law.
|
|
|
| 50. |
Transfer Subject to an encumberance
A transfer of an interest in land subject to an encumbrance shall require the consent of the encumbrancer in Form LRA 34 set out in the Sixth Schedule.
|
| 51. |
Transfer of undivided share
| (1) |
An application for the transfer of an undivided share of an interest in land under section 91 of the Act shall be in Form LRA 35 set out in the Sixth Schedule.
|
| (2) |
An application under (1) shall be supported by—
| (a) |
original title documents;
|
| (b) |
where applicable, a land rent clearance certificate;
|
| (c) |
a land rates clearance certificate;
|
| (d) |
where applicable, the consent of the head lessor;
|
| (e) |
any other consent required for registration unless a particular consent has been endorsed on the instrument of transfer;
|
| (f) |
where applicable, a form for Valuation of Stamp Duty, duly filled and approved by a government valuer; and
|
| (g) |
any other document as may be required under the Act or any written law.
|
|
|
| 52. |
Transfer of a joint interest
| (1) |
An application for the transfer of a joint interest in land under section 91(4) of the Act, in Form LRA 36 set out in the Sixth Schedule.
|
| (2) |
An application under (1) shall be supported by—
| (a) |
original title documents;
|
| (b) |
where applicable, a land rent clearance certificate;
|
| (c) |
a land rates clearance certificate;
|
| (d) |
where applicable, the consent of the head lessor;
|
| (e) |
any other consent required for registration unless a particular consent has been endorsed on the instrument of transfer; and
|
| (f) |
any other document as may be required under the Act, these Regulations or any written law.
|
|
|
| 53. |
Severance of joint tenancy
| (1) |
An application for the severance of a joint tenancy under section 91(7) of the Act shall be in Form LRA 37 set out in the Sixth Schedule.
|
| (2) |
An application under paragraph (1) shall be supported by—
| (a) |
the original title documents;
|
| (b) |
where applicable, a land rent clearance certificate;
|
| (c) |
a land rates clearance certificate;
|
| (d) |
where applicable, the consent of the head lessor;
|
| (e) |
any other consent required for registration unless a particular consent has been endorsed on the instrument of transfer; and
|
| (f) |
any other document as may be required under the Act, these Regulations, or any written law.
|
|
|
| 54. |
Transmission on death of a joint tenant
| (1) |
A person shall notify the death of a joint tenant under section 60 of the Act and apply for the removal of the name of the deceased from the register in Form LRA 38 set out in the Sixth Schedule.
|
| (2) |
The notice issued under paragraph (1) shall be supported by the original death certificate and a certified copy of death certificate.
|
| (3) |
Upon the receipt of the notice in accordance with paragraphs (1) and (2), the Registrar shall—
| (a) |
note the death in the land register;
|
| (b) |
retain the certified copy of the death certificate; and
|
| (c) |
return the original death certificate to the person who lodged the notice.
|
|
|
| 55. |
Transmissions subject to confirmation of grant or probate
Unless otherwise provided by any written law no transfer of an interest in land of a deceased proprietor shall be registered until after the confirmation of the grant of letters of administration or the grant of probate as the case may be.
|
| 56. |
Transfer to personal representative
| (1) |
A personal representative who wishes to be registered as an administrator or executor shall apply to be registered as an administrator as under section 61(1) of the Act in Form LRA 39 set out in the Sixth Schedule.
|
| (2) |
An application under paragraph (1) shall be supported by a copy of the grant of letters of administration or the grant of probate, duly certified by the Court.
|
| (3) |
A personal representative who is otherwise not noted on the register despite having complied with paragraphs (1) and (2), may apply to be registered by transmission as a proprietor jointly with the other personal representative in Form LRA 40 set out in the Sixth Schedule.
|
| (4) |
Upon receiving an application for registration under paragraph (3) the Registrar shall notify the registered personal representative of the application in Form LRA 41 set out in the Sixth Schedule provided that no such notice shall be required if the registered personal representative has consented to the application.
|
|
| 57. |
Transfer by personal representative to beneficiary
| (1) |
A transfer by a personal representative to a beneficiary under section 61(2) of the Act shall be in Form LRA 42 set out in the Sixth Schedule.
|
| (2) |
A transfer under paragraph (1) shall be supported by—
| (a) |
a copy of the grant of letters of administration or the grant of probate, duly certified by the Court;
|
| (b) |
a copy of the certificate of confirmation of the grant of letters of administration or a grant of probate, duly certified by the Court;
|
| (c) |
the certificate of title or the certificate of lease of the parcel;
|
| (d) |
where applicable, a land rent clearance certificate;
|
| (e) |
a land rates clearance certificate;
|
| (f) |
where applicable, the consent of the head lessor;
|
| (g) |
any other consent required for registration unless a particular consent has been endorsed on the instrument of transfer; and
|
| (h) |
any other document as may be required under the Act, these Regulations, or any written law.
|
|
|
| 58. |
Transfer by personal representative to third party
| (1) |
A transfer by a personal representative to a purchaser or any other party under section 61(2) of the Act shall be in Form LRA 43 set out in the Sixth Schedule.
|
| (2) |
A transfer under (1) shall be supported by—
| (a) |
a copy of the grant of letters of administration or the grant of probate, duly certified by the Court;
|
| (b) |
a copy of the certificate of confirmation of the grant of letters of administration or the grant of probate, duly certified by the Court;
|
| (c) |
the certificate of title or the certificate of lease of the parcel;
|
| (d) |
where applicable, a land rent clearance certificate;
|
| (e) |
a land rates clearance certificate;
|
| (f) |
where applicable, the consent of the head lessor;
|
| (g) |
any other consent required for registration unless a particular consent has been endorsed on the instrument of transfer; and
|
| (h) |
any other document as may be required under the Act, these Regulations, or any written law.
|
|
|
| 59. |
Transmission on bankruptcy
| (1) |
An application by a trustee in bankruptcy to be registered as a proprietor of an interest in land under section 63 of the Act shall be in Form LRA 44 set out in the Sixth Schedule.
|
| (2) |
An application under paragraph (1) shall be supported by—
| (a) |
a copy of the order of the Court adjudging a proprietor bankrupt, duly certified by the Court Registrar; and
|
| (b) |
a transfer by a trustee in bankruptcy which shall be in Form LRA 45 set out in the Sixth Schedule.
|
|
|
| 60. |
Transmission on liquidation
| (1) |
An application by a liquidator to be noted on the register under section 64 of the Act shall be in Form LRA 46 set out in the Sixth Schedule.
|
| (2) |
An application under paragraph (1) shall be supported by—
| (a) |
if a company is incorporated in Kenya—
| (i) |
a copy of the vesting order, duly certified by the Court; and |
| (ii) |
a statutory declaration by the applicant in Form LRA 47 set out in the Sixth Schedule confirming compliance with the requirements under the Companies Act, (No. 17 of 2015); or |
|
| (b) |
if a foreign company, a copy of a resolution duly certified by a company secretary or a notary public, appointing the liquidator.
|
|
| (3) |
A transfer by a liquidator shall be in Form LRA 48 set out in the Sixth Schedule.
|
|
| 61. |
Transfer to companies and limited liability partnership
| (1) |
Subject to any written law, every application for transfer of an interest in land to companies and limited liability partnerships incorporated in Kenya shall be in Form LRA 49 set out in the Sixth Schedule and shall include the registration number of the entities and be supported by the documents set out in regulation 49.
|
| (2) |
Subject to any written law, every application for transfer of an interest in land to a foreign company shall be supported by the documents set out in regulation 49 together with a certificate of compliance duly certified by the issuing authority.
|
|
| 62. |
Transmission in other cases
| (1) |
An application to be registered as a proprietor under section 65 of the Act shall be in Form LRA 50 set out in the Sixth Schedule.
|
| (2) |
An application under paragraph (1) shall be supported by—
| (a) |
where applicable, a copy of an order of a Court duly certified by the Court Registrar; or
|
| (b) |
in the case of an order issued by a country which does not have reciprocating rights under the Foreign Judgments (Reciprocal Enforcement) Act, a certificate by a notary public, conferring to the applicant a right to the interest in the land or lease; and
|
| (c) |
a statutory declaration by the applicant in Form LRA 47 set out in the Sixth Schedule.
|
|
|
| 63. |
Document executed under the power of Attorney
Where a document is executed by an attorney is delivered to the registry, the deliverer shall produce, before the registrar, a duly registered instrument creating the power and the details of the instrument shall be included in the document so executed.
|
| 64. |
Application to be registered as trustee
| (1) |
An application to be registered as a trustee under section 66 of the Act shall be in Form LRA 51 set out in the Sixth Schedule.
|
| (2) |
An application under paragraph (1) may be supported by a copy of the instrument creating the trust certified as a true copy of the original by an advocate or a notary public.
|
|
| 65. |
Registration of disposition in favour of trustees incorporated under the Trustees Perpetual Succession, Act Cap. 43
| (1) |
In any registrable disposition in favour of trustees incorporated under the Trustees (Perpetual Succession) Act, it shall be described as "a body corporate under the Trustees (Perpetual Succession) Act" on the disposition.
|
| (2) |
An application under paragraph (1) shall be supported by a copy of the instrument creating the trust certified as a true copy of the original by an advocate or a notary public.
|
|
| 66. |
Transfer by a trustee
A transfer by a trustee shall be in Form LRA 52 set out in the Sixth Schedule.
|
PART VII – CHARGES
| 67. |
Form of a charge
| (1) |
A proprietor may register a charge other than an informal charge or customary charge under section 56 and 57 in Form LRA 53 set out in the Sixth Schedule.
|
| (2) |
A proprietor may register an informal charge (other than a customary charge) under section 56 of the Act and section 79(6) of the Land Act, 2012 in Form LRA 54 set out in the Sixth Schedule.
|
|
| 68. |
Priority rights of prior chargees
The consent by a prior chargee shall specify the priority rights for the subsequent charge and the Registrar shall note the ranking in the register.
|
| 69. |
Consent for second or subsequent charge
The consent for a second or subsequent charge under section 57(2) of the Act shall be in Form LRA 55 set out in the Sixth Schedule.
|
| 70. |
Registration of a charge, second charge or subsequent charge
| (1) |
An application for registration of a charge, a second charge or a subsequent charge shall be in Form LRA 9 set out in the Sixth Schedule.
|
| (2) |
An application under paragraph (1) shall be supported by—
| (a) |
in case of a first charge, the certificate of title or certificate of lease;
|
| (b) |
where applicable, a land rent clearance certificate;
|
| (c) |
spousal consent in Form LRA 55 set out in the Sixth Schedule;
|
| (d) |
any consent required for registration, unless a particular consent has been endorsed on the charge document or has otherwise been dispensed with by the Registrar under the provisions of the Act; and
|
| (e) |
any other document or approval as may be required under the Act, these Regulations or any written law.
|
|
|
| 71. |
Registration of an informal charge
| (1) |
An application for registration of an informal charge shall be in Form LRA 9 set out in the Sixth Schedule.
|
| (2) |
An application under (1) shall be supported by—
| (a) |
in case of a first charge, the certificate of title or certificate of lease;
|
| (b) |
any consent required for registration unless a particular consent has been endorsed on the charge document or has otherwise been dispensed with by the Registrar under the provisions of the Act; and
|
| (c) |
Any other document or approval as may be required under the Act, the Community Land Act (as applicable), the Regulations, and any written law.
|
|
|
| 72. |
Memorandum of variation of a charge
A memorandum of variation of charge under section 84 of the Land Act, 2012 shall be in Form LRA 56 set out in the Sixth Schedule.
|
| 73. |
Transfer of charge
A transfer of charge under section 86 of the Land Act, 2012 shall be in Form LRA 57 set out in the Sixth Schedule.
|
| 74. |
Discharge of charge
| (1) |
A discharge of a whole charge under section 85(1) and (4) of the Land Act, 2012 shall be in Form LRA 58 set out in the Sixth Schedule.
|
| (2) |
A discharge of a part of a charge under section 85(1) and (4) of the Land Act, 2012 shall be in Form LRA 59 set out in the Sixth Schedule.
|
|
| 75. |
Application by a chargee to be registered as proprietor
| (1) |
An application by a chargee to be registered as a proprietor under section 100(1) of the Land Act, 2012 shall be in Form LRA 60 set out in the Sixth Schedule.
|
| (2) |
An application made under (1) shall be supported by—
| (a) |
an order of the Court issued under section 100(1) of the Land Act, 2012 that is certified as a true copy by a Registrar of the court; and
|
| (b) |
any other documents required for a transfer under the Act, the Regulations, and any written law.
|
|
| (3) |
A transfer by a chargee made pursuant to section 100(3) and (4) of the Land Act, 2012 shall be in Form LRA 61 set out in the Sixth Schedule.
|
| (4) |
The application under paragraph (3) shall be supported by—
| (a) |
a statutory declaration by an auctioneer supported by—
|
| (b) |
relevant notices issued by an auctioneer as required by law;
| (i) |
a certificate of auction declaring the charge as the highest bidder as provided by section 100(3) of the Land Act, 2012; and |
| (ii) |
a valuation report as required by law. |
|
| (c) |
any other documents required for a transfer under the Act, the Regulations, and any written law.
|
|
|
PART VIII – LEASES
| 76. |
Form of a lease
| (1) |
A lease over a registered land or part thereof, other than a long-term lease under section 54(5) of the Act, shall substantially be in Form LRA 62 set out in the Sixth Schedule.
|
| (2) |
A lease under paragraph (1) for a part of the land shall be accompanied by—
| (a) |
original title documents or other documents relating to the land;
|
| (b) |
where applicable, a land rent clearance certificate;
|
| (c) |
a land rates clearance certificate;
|
| (d) |
where applicable, the consent of the head lessor;
|
| (e) |
any other consent required for registration unless a particular consent has been endorsed on the lease document or has otherwise been dispensed with by the Registrar under the provisions of the Act;
|
| (f) |
a sectional plan drawn by a surveyor and approved by the authority responsible for land survey which plan shall—
| (i) |
delineate the external boundaries of the parcel and the location of the demised part of the land; |
| (ii) |
state and show the coordinates for the part of the land being leased; |
| (iii) |
state the approximate ground area of the part of the land being leased; |
| (v) |
state and show the access road for the part of land being leased as per the standards approved by the relevant county govemment or regulatory body; |
| (vi) |
state the developments (if any) being present on the part of the land being leased; and |
| (vii) |
have a unique number that is provided by the authority responsible for land survey; |
|
| (g) |
a transfer of lease in Form LRA 63 set out in the Sixth Schedule; and
|
| (h) |
any other document or approval as may be required under the Act, these Regulations, or any other written law.
|
|
| (3) |
The sectional plan referred to in paragraph (2)(f) shall conform to the requirements of the Sectional Properties Act with such amendments as appropriate.
|
|
| 77. |
Long term Lease for part of a building
| (1) |
A lease for part of a building or a long term lease under section 54 (5) of the Act shall be in Form LRA 64 set out in the Sixth Schedule.
| (2) |
A lease under paragraph (1) shall be supported by—
|
| (a) |
original title documents relating to the land on which the building is;
|
| (b) |
where applicable, a land rent clearance certificate;
|
| (c) |
a land rates clearance certificate;
|
| (d) |
where applicable, the consent of the head lessor;
|
| (e) |
any other consent required for registration unless a particular consent has been endorsed on the lease document or has otherwise been dispensed with by the Registrar under the provisions of the Act;
|
| (f) |
a sectional plan drawn by a surveyor and approved by the authority responsible for land survey which plan shall—
| (i) |
delineate the external boundaries of the parcel and the location of the demised part of the land;
|
| (ii) |
state and show the coordinates for the part of the land being leased;
|
| (iii) |
state the approximate ground area of the part of the land being leased;
|
| (iv) |
state and show the access road for the part of land being leased as per the standards approved by the relevant county government or regulatory body;
|
| (v) |
state the developments (if any) being present on the Part of the land being leased;
|
| (vi) |
have a unique number that is provided by the authority responsible for land survey; and
|
|
| (g) |
a transfer of lease in Form LRA 63 set out in the Sixth Schedule; and
|
| (h) |
any other document or approval as may be required under the Act, these Regulations, or any other written law.
|
|
| (3) |
The sectional plan referred to in paragraph (2)(f) shall conform to the requirements of the Sectional Properties Act with such amendments as appropriate.
|
|
| 78. |
Surrender of lease
A surrender of a lease shall be in Form LRA 65 set out in the Sixth Schedule.
|
PART IX – INHIBITIONS, RESTRICTIONS AND CAUTIONS
| 79. |
Registration of a court order of inhibition
| (1) |
A person who wishes to register an inhibition pursuant to a court order issued under section 68(1) of the Act shall make an application to the registrar.
|
| (2) |
The application made under paragraph (1) shall be in Form LRA 66 set out in the Sixth Schedule.
|
| (3) |
An application under paragraph (1) shall be accompanied by the said court order, duly sealed, making specific reference to the parcel of land affected.
|
|
| 80. |
Registration of a caution
| (1) |
A person who wishes to register a caution, under section 71(3) of the Act, shall make an application to do so in Form LRA 67 set out in the Sixth Schedule.
|
| (2) |
The caution shall be registered in the property section of the register.
|
| (3) |
The Registrar shall issue, upon receipt of an application under paragraph (1), notice of caution, under section 72(1)
of the Act to the proprietor whose land is affected by the caution in the Form LRA 68 set out in the Sixth Schedule.
|
| (4) |
A person who wishes to withdraw of a caution, under section 73(1) of the Act, shall apply for the withdrawal in Form LRA 69 set out in the Sixth Schedule.
|
| (5) |
An application for the removal of a caution under section 73(2) of the Act shall be made in Form LRA 70 set out in the Sixth Schedule.
|
| (6) |
The Registrar may issue, upon receipt of an application under paragraph (3), a notice to remove a caution, under section 73(2) of the Act, to the cautioner, in Form LRA 71 set out in the Sixth Schedule.
|
| (7) |
A cautioner may issue upon receipt of a notice under paragraph (4), a notice of objection to the removal of a caution, under section 73(4) of the Act, in Form LRA 72 set out in the Sixth Schedule to the Registrar.
|
| (8) |
The Registrar shall issue, upon receipt of a notice under paragraph (6), a notice of hearing on an application to remove a caution, under section 73(4) of the Act, in Form LRA 73 set out in the Sixth Schedule to the cautioner and the proprietor.
|
| (9) |
The Registrar may make an order under section 73(4) of the Act upon hearing an application to remove a caution.
|
| (10) |
The order made by the Registrar under paragraph (7) shall be in Form LRA 74 set out in the Sixth Schedule.
|
|
| 81. |
Registration of a restriction
| (1) |
An application for a restriction, under section 76 of the Act, shall be made in Form LRA 75 set out in the Sixth Schedule.
|
| (2) |
The Registrar shall issue, upon receipt of an application under paragraph (1), a notice of the intention to register a restriction under section 76(1) of the Act, in Form LRA 76 set out in the Sixth Schedule.
|
| (3) |
The Registrar shall issue, upon registering a restriction, a notice informing the proprietor of the registration of a restriction under section 77(1) of the Act in Form LRA 77 set out in the Sixth Schedule.
|
| (4) |
A person who wishes to remove or vary a restriction under section 78(1) of the Act, shall apply in Form LRA 78 set out in the Sixth Schedule.
|
| (5) |
Upon receipt of an application under paragraph (4), the registrar shall pursuant to section 78(1) of the Act issue a notice of intention to remove or vary a restriction in Form LRA 76.
|
| (6) |
The Registrar shall issue, upon registering a variation or removal of a restriction, a notice informing the proprietor of the variation or removal of a restriction under section 78(1) of the Act in Form LRA 79 set out in the Sixth Schedule.
|
|
PART X – EASEMENT AND ANALOGOUS RIGHTS
| 82. |
Grant of easement or analogous right
An owner of land or a lessor may grant an easement or an analogous right under section 98 in Form LRA 80 set out in the Sixth Schedule and the grant shall be noted in register.
|
| 83. |
Cancellation of easement or analogous right
A person occupying the dominant land may cancel an easement granted or an analogous right created under section 98 in Form LRA 81 set out in the Sixth Schedule and present the same to the registrar who shall record the cancellation on the register.
|
| 84. |
Consent from persons entitled to benefit from easement or analogous right
The registrar shall, before recording any application for cancellation of an easement or analogous right under regulation 83 in the register, require the consent of any lessee or lender for the time being entitled to the benefit of any easement or analogous right in Form LRA 82 set out in the Sixth Schedule.
|
| 85. |
Application for cancellation of grant of easement or analogous right
A person occupying the servient land may apply to the registrar who for the cancellation of grant of easement or analogous right under section 99(3) of the Act in Form LRA 83.
|
PART XI – OFFICIAL SEARCHES
| 86. |
Official Search
| (1) |
A person who wishes to conduct an official search shall apply in Form LRA 84 set out in the Sixth Schedule.
|
| (2) |
The Registrar may make such alterations as he deems just to the prescribed form under paragraph (1) for the purpose of facilitating an electronic search.
|
| (3) |
The Registrar shall furnish, upon receiving the application under paragraphs (1) or (2), a certificate of official search of the details in contained in the register in Form LRA 85 set out in the Sixth Schedule.
|
| (4) |
A certificate of official search obtained electronically may be relied on in the same manner as a certificate of official search that was obtained manually to the extent of the information it contains.
|
|
PART XII – FORMS
| 87. |
Use of forms
| (1) |
Subject to paragraph (2) the Registrar may make such modifications as may be required, from time to time, to enable the use of the prescribed forms electronically.
|
| (2) |
For the purposes of enabling electronic transactions, the Registrar may vary the appearance but not the content of a prescribed form.
|
| (3) |
Where the Act requires that an instrument shall be in a specified form, the Registrar shall not register such instrument if it is not in a specified form unless an approval is granted to register that instrument by the Registrar.
|
| (4) |
An application to use as an alternative form in place of the specified form may be made to the Registrar in Form LRA 86 set out in the Sixth Schedule or in such other form as the Registrar may, from time to time, approve.
|
| (5) |
An application under paragraph (4) shall be accompanied by a copy of the corresponding prescribed form and a copy of the alternative document.
|
| (6) |
The Registrar may grant the application made under paragraphs (4) on such terms as the Registrar considers fit.
|
| (7) |
A requirement in these rules to use a scheduled form is subject, where appropriate, to the provisions in these rules relating to the making of applications and issuing results of applications other than in paper form.
|
|
| 88. |
Execution of forms
| (1) |
Subject to paragraph (2), the manner of execution in the forms shall be as specified in the Fourth Schedule.
|
| (2) |
The execution of forms, in the cases for which they are provided, or are capable of being applied or adapted to, shall be with such alterations and additions, if any, as the Registrar may approve.
|
|
| 89. |
Format legibility and completeness of forms
| (1) |
A form completed as a based paper document shall be—
| (b) |
clearly and legibly completed in the English language; and
|
| (c) |
contain all the information required.
|
|
| (2) |
The signatures of persons attesting a form shall be on the same page as the name of person executing the instrument.
|
| (3) |
Subject to regulation 87(3), the format of a form may, in the case of electronic instruments, be varied by the Registrar as may be necessary to enable the use of the forms electronically.
|
|
PART XIII – ELECTRONIC REGISTRATION AND CONVEYANCING
| 90. |
Electronic dispositions
| (1) |
The register and documents required under the Act shall, where possible, be maintained in electronic form.
|
| (2) |
Transactions and dealings under the Act shall, where possible, be carried out in electronic form.
|
| (3) |
The Cabinet Secretary may, upon consultation with the Commission, issue guidelines from time to time, to enable-
| (a) |
the setting up of an electronic communications system under the Registrar's management and control, for maintaining the register in an electronic form and for enabling the carrying out of transactions under this Act which are capable of being effected electronically;
|
| (b) |
the access to the public of information maintained electronically;
|
| (c) |
the creation of electronic documents and instruments;
|
| (d) |
the recording or registration of electronic documents in the register;
|
| (e) |
the electronic generation and communication of applications for registration in the register;
|
| (f) |
the provision for a system of electronic payments in relation to transactions involving payment of fees; and
|
| (g) |
other ancillary matters necessary for improving the land registration system and service delivery generally.
|
|
| (4) |
Guidelines issued under paragraph (3) may—
| (a) |
regulating the making up and keeping of the register and any other register provided for under this Act in electronic format;
|
| (b) |
regulating the procedure to be followed by any person applying for information from any such register;
|
| (c) |
regulating the procedure to be followed by the persons authorised to apply for recording or registration in any such register;
|
| (d) |
regulating the procedure to be followed by the Registrar in relation to—
| (i) |
any such application; |
| (ii) |
making the documents and information required available; and |
| (iii) |
the recording or registration of electronic documents to which such an application relates; |
|
| (e) |
regulating the use of the system under paragraph (3)(a) in relation to—
| (i) |
the kinds of instruments which may be authorised for use in the system; |
| (ii) |
the persons who may be authorised to use the system having regard to the provisions of the Advocates Act on the qualification of persons who may draw and engross conveyancing documents and instruments; |
| (iii) |
the suspension or revocation of a person's authorisation to use the system; |
| (iv) |
the method of appeal against suspension or revocation under sub paragraph (iii); |
| (v) |
the imposition of obligations on persons using the system; and |
| (vi) |
the creation of deemed warranties (whether in favour of the Registrar or of other users) by persons using the system; |
|
| (g) |
specifying instruments which may be lodged electronically; and
|
| (h) |
specifying the instruments or transactions for which fees may be made by electronic means.
|
|
| (2) |
All instruments prepared electronically shall be subject to the same requirements as any other instrument under the Act or any law in force subject such modifications, relating to the format, required to enable the use of the instrument electronically.
|
|
PART XIV – CORRECTIONS, RECTIFICATIONS AND INDEMNITY
| 91. |
Corrections of an error on the register
| (1) |
An application for rectification of an error made on the register under section 79(1)(a) of the Act shall be in Form LRA 87 set out in the Sixth Schedule.
|
| (2) |
A consent to rectify an error on the register under section 79(1)(b) of the Act may be made by a company in Form LRA 88 set out in the Sixth Schedule.
|
| (3) |
A consent to rectify an error on the register under section 79(1)(b) of the Act may be made by an individual in Form LRA 89 set out in the Sixth Schedule.
|
|
| 92. |
Notice of rectification of register
| (1) |
The Registrar shall issue a notice to rectify the register under section 79(1)(c) of the Act, in Form LRA 90 set out in the Sixth Schedule to all persons interested in the rectification of the register.
|
| (2) |
The Registrar shall issue a notice of intention to rectify the register under 79(2) of the Act, in Form LRA 91 set out in the Sixth Schedule.
|
| (3) |
An order by a Registrar issued under section 79 of the Act shall be in Form LRA 92 set out in the Sixth Schedule.
|
|
| 93. |
Conduct of hearing for rectification of the register
| (1) |
The conduct of hearings under section 79(4) of the Act by the Registrar shall be in accordance with the Fifth Schedule.
|
| (2) |
The Registrar shall cause summons to issue in Form LRA 93 to any person who may be required to attend the hearing.
|
|
| 94. |
Court mandated alteration of the register
| (1) |
Where a Court orders rectification of a register, that order shall include a direction to the Registrar to alter the register in terms of the order.
|
| (2) |
Where the order under paragraph (1) changes the ownership details of the property on the register, the Registrar shall seek authentication from the court issuing the order provided that the authentication is sought within seven days of an application for the rectification.
|
| (3) |
The application for rectification shall be presented in Form LRA 94 set out in the Sixth Schedule and be accompanied by a copy of the order that is certified by the Court.
|
|
PART XVI – ADDRESS FOR SERVICE AND NOTICES
| 95. |
Detail of address of service
| (1) |
A person having an interest in any land shall, at the time of registration or such other time as the Registrar may specify, furnish the Registrar with their address for service in Kenya to which all notices and other communication may be sent.
|
| (2) |
The person referred to in paragraph (1) may be—
| (a) |
a registered proprietor of an interest in land;
|
| (b) |
a registered beneficiary of a unilateral notice;
|
| (d) |
a person whose consent or certificate is required for any instrument or disposition, or upon whom notice is required to be served by the Registrar; or
|
| (e) |
any other person under any order or restriction.
|
|
| (3) |
The address for service referred to in paragraph (1) shall contain—
| (a) |
a postal address, whether or not in Kenya;
|
| (b) |
subject to paragraph (7), where applicable, a post office box number in Kenya document exchange; and
|
| (c) |
an electronic address of a person referred to in paragraph (2).
|
|
| (4) |
Subject to paragraph (3), a person to whom paragraph (1) applies may give the Registrar a replacement address for service.
|
| (5) |
In this regulation an electronic address means—
| (b) |
any other the prescribed form of electronic address specified in a direction under paragraph (6).
|
|
| (6) |
lf the Registrar is satisfied that a form of electronic address, other than an e-mail address, is the suitable form of address for service he may issue a direction to that effect.
|
| (7) |
A direction under paragraph (6) may contain such conditions or limitations or both, as the Registrar considers appropriate.
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| 96. |
Mode of service of notices by the Registrar
| (1) |
All notices which the Registrar is required to issue may be served—
| (a) |
by post, to any postal address in Kenya entered in the register as an address for service;
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| (b) |
by post, to any postal address outside Kenya entered in the register as an address for service;
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| (c) |
by electronic transmission to the electronic address entered in the register as an address for service;
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| (d) |
by hand delivery through the National or County Government administration officers within the area of their jurisdiction; or
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| (e) |
by any of the methods of service given in paragraphs (a), (b), (c) and (d) to any other address where the Registrar believes the addressee is likely to receive it.
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| (2) |
The service of a notice under paragraph (1) shall be regarded as having taken place if—
| (a) |
for service under paragraph (1)(a), the notice is served within seven working days after being posted;
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| (b) |
for service under paragraph (1)(c), the notice is served within the same day that it was posted;
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| (c) |
for service under paragraph (1)(b), the notice is served within fourteen working days after being posted; and
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| (d) |
for service to an electronic address, the notice is served within two working days after being transmitted.
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| (3) |
In this regulation—
"post" means pre-paid delivery by a postal service, for delivery of documents within Kenya or outside Kenya as necessary; and
"working day" means any day from Monday to Friday (both days inclusive) between 6.00 a.m. and 6.00 p.m. unless that day declared to be a holiday under the Public Holidays Act.
|
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PART XV – MISCELLANEOUS
| 97. |
Fees
| (1) |
No fees shall be payable for the registration of any instrument in respect of any dealing in favour of the National Government, County Government, National or County Government department or agency, public body or in respect of any application, notice, caution or search made, given or presented, by or on behalf of any of those persons or, where they are required for official purposes or for the issue of any copy, to any public officer.
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| (2) |
Where a parcel is identified by reference to more than one sheet of the cadastral map, the sheets required to identify that parcel shall, for the purposes of the payment of any fees, be deemed to be one sheet only.
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| 98. |
Assessment of fees
Where any fees are payable based on the value and no consideration is expressed in the instrument, the value for the purposes of assessing stamp duty shall be the estimated market value of the property.
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| 99. |
Payment of fees
| (1) |
The fees payable for the registration of any instrument shall be by the methods specified in regulation 36.
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| (2) |
The Registrar shall impress, on all instruments and on all copies thereof presented for registration, a stamp recording the date of presentation, and such impression shall, in the absence of fraud, be conclusive evidence of the date of presentation and that the fees stated in the instrument have been paid.
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| (3) |
Unless the Registrar authorizes otherwise, fees in all cases, shall be paid through a designated bank account and a receipt of the amount paid shall be issued to the payee.
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| (4) |
Where any fees are payable for the services of the Registrar or of the authority responsible for land survey cannot be assessed until the service required by an application has been completed, the Registrar may require the applicant to deposit with the Registrar such sum not exceeding the maximum amount of the prescribed fee as the Registrar may determine, and he may decline the application until such deposit has been made.
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| (5) |
No fees paid to the Registrar in accordance with these Regulations shall be refunded except by order of the principal Secretary.
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| 100. |
Production of document for inspection
A person required to produce an instrument for inspection under the Act shall produce the instrument to the Registrar within such period as the Registrar may specify in writing to that person.
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| 101. |
Storage of instruments
| (1) |
Every instrument registered or noted on the register shall be copied, microfilmed or stored by any method for the purpose of preserving the records of the Registry.
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| (2) |
The Registrar may forward any instrument, whether registered or not, to be stored in the Kenya National Archives and Documentation Service established under the Public Archives and Documentation Service Act, or in any relevant Government department.
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| 102. |
Consideration
| (1) |
Where consideration is expressed in an instrument to constderatton have been paid to any party, the execution of the instrument by that party shall imply an acknowledgment of the receipt of such consideration.
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| (2) |
Where an approved prescribed form expresses the consideration for a transaction in a particular manner, the expression of consideration in any other manner, or the omission to express any consideration at all, shall not constitute a substantial departure from the approved prescribed form.
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FIRST SCHEDULE [r. 3]
OATH/AFFIRMATION OF THE OFFICE OF CHIEF LAND REGISTRAR/DEPUTY CHIEF LAND REGISTRAR/COUNTY LAND REGISTRAR/LAND REGISTRAR
I ........................................ having been appointed (the Chief Land Registrar/Deputy Chief Land Registrar/County Land Registrar/Land Registrar under section ...................... of the Land Registration Act, 2012 do solemnly (swear/declare and affirm) that I will at all times obey, respect and uphold the Constitution of Kenya and all other laws of the Republic; that I will faithfully and fully, impartially and to the best of my knowledge and ability, discharge the trust and perform the functions and exercise the powers devolving upon me by virtue of this appointment without fear, favour, bias, affection or prejudice. (SO HELP ME GOD).
Sworn/declared by the said ....................... at ....................
Before me this .............. Day of .........................
.......................................
Registrar of the High Court
SECOND SCHEDULE [r. 5(1)]
THIRD SCHEDULE [r. 32(1)]
THE TIME LIMIT FOR SERVICES AT THE REGISTRY
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Registration of Instruments /service
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Time Frame
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Transfer
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Within 10 days
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Charge
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Within 10 days
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Discharge
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Within 7 days
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Succession, correction of names, mutation/partition
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Within 10 days
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Power of Attorney
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Within 7 days
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Lease
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Within 10 days
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Cautions/withdrawals of caution
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Within 10 days
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Court orders/decree Attestation
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Within 7 days
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Issuance of search certificate
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Within 5 days
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Other instruments
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Within 10 days
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FOURTH SCHEDULE [r. 88(1)]
VERIFICATION OF INSTRUMENTS: PRESCRIBED OFFICERS AND OTHER PERSONS
| 1. |
Instrument executed in Kenya—
| (a) |
a person qualified to practice as an advocate;
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| (b) |
a Judge, Magistrate or Kadhi;
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| (c) |
the Registrar or the Deputy Registrar of the High Court;
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| (e) |
a Superintendent of Prisons.
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| 2. |
Instruments executed in foreign countries—
| (b) |
a Kenyan High Commissioner;
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| (d) |
a Kenyan Head of Consulate.
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FIFTH SCHEDULE [r. 93(1)]
PROCEDURE FOR HEARINGS BY THE REGISTRAR
| 1. |
The Registrar shall send a notice of hearing to all parties who have an interest in the parcel.
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| 2. |
The notice of hearing shall indicate the date, time and place of the hearing.
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| 3. |
A party may be represented at any stage of the proceedings by an advocate.
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| 4. |
A party who opts to be represented by an advocate shall communicate with the Registrar through their advocate.
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| 5. |
The Registrar shall communicate with a party who opts to be represented by an advocate only through the party's advocate.
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| 6. |
If a party ceases to be represented by their advocate, the advocate or the party shall promptly notify the Registrar in writing.
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| 7. |
The Registrar may require a party to a proceeding to produce a document that the Registrar deems necessary for effective determination of the matter.
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| 8. |
The languages to be used during a hearing shall be Kiswahili or English.
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| 9. |
Notwithstanding paragraph 8, the Registrar may seek the services of an interpreter, where the parties are not able to communicate in either Kiswahili or English.
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| 10. |
The Registrar shall keep a record of the proceedings of the hearing in English.
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| 11. |
A decision made by the Registrar shall be communicated to the parties or their advocates, whichever is applicable, within twenty one days from the date when the hearing is determined.
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| 12. |
The Registrar may make any consequential orders in addition to the decision made under paragraph 11.
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SIXTH SCHEDULE
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Form LRA 1
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(r. 7(2))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT, 2012
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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PRESENTATION BOOK
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S/No
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DESCRIPTIONOFINSTRUMENT
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NAME OFREGISTRATIONCLERK ANDDATE PASSED
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DATEENTRIES COMPLETED
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DATETITLE PRINTED
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DATE OFACTUAL REGISTRATION BY REGISTRAR
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DATEDISPATCHED
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REMARKS
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Title Number
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Name of Instrument
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Date Presented
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Name
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Date
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_______________________________
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Form LRA 2
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(r. 16(1))
|
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REPUBLIC OF KENYA
|
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THE LAND REGISTRATION ACT
|
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
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THE LAND REGISTER (Absolute Titles)
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PART A - PROPERTY SECTION
|
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EDITION:
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OPENED:
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REGISTRATION UNIT:
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EASEMENTS, ETC
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NATURE OF TITLE
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REGISTRATIONSECTION:SECTION:
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ABSOLUTE
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BLOCK NUMBER:
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PARCEL NUMBER:
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APPROXIMATE AREA (Ha.)
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CADASTRAL MAP SHEET No.:
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CADASTRAL PLAN No.:
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USER:
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REMARKS
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PART B - PROPRIETORSHIP SECTION
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ENTRYNO.
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DATE
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NAME OF PROPRIETOR
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I.D/PASSPORT NO
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PIN NO
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NATIONALITYOR COUNTRYOFINCORPORATION
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ADDRESS IN KENYA,(physical& postal address); TELEPHONE&EMAIL
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CERTIFICATEOFINCORPORATION/CERTIFICATEOF COMPLIANCENO.
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CONSIDERATION
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NAMEOFSPOUSE(S)(IF ANY)
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SIGNATUREOFREGISTRAR
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PART C - ENCUMBRANCES SECTION
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ENTRY NO.
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DATE
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NATURE OFENCUMBRANCE
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FURTHERPARTICULARS
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SIGNATURE OFREGISTRAR
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(To be printed on blue paper)
_______________________________
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Form LRA 3
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(r. 16(2))
|
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REPUBLIC OF KENYA
|
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THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
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THE LAND REGISTER (Leasehold)
|
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PART A - PROPERTY SECTION
|
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EDITION:
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|
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OPENED:
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REGISTRATION UNIT:
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PARTICULARS OF LEASE
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NATURE OF TITLE
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LESSOR:FOR INDIVIDUALS: ID No. /PASSPORT No.FOR BODY CORPORATES:CERTIFICATE OF INCORPORATION REGISTRATION No.PIN NO.NATIONALITY:ADDRESS FOR SERVICE IN KENYAPHYSICAL & POSTAL ADDRESS:TELEPHONE:EMAIL:
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LEASEHOLD
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REGISTRATION SECTION:
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BLOCK No:
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PARCEL NO:
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LESSEE:FOR INDIVIDUALS ID No./PASSPORTNo.FOR BODY CORPORATES:CERTIFICATE OF INCORPORATION/REGISTRATION NO;PIN NO.NATIONALITY;ADDRESS FOR SERVICE IN KENYAPHYSICAL & POSTAL ADDRESS;TELEPHONE:EMAIL:
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AREA:(APPROX.)
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CADASTRAL
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RENT: TERM
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MAP SHEET NO:
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FROM:
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CADASTRAL PLAN NO.:
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N.B.1. FOR CONVENANTS AND CONDITIONS OF THE LEASE SEE THE REGISTERED LEASE2. WHERE THE LEASE IS OF A PART OF A PARCEL THE PARCEL NUMBER SHOWN ON THE FILED PLAN
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USER:
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REMARKS
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CONSENT REQUIRED:
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PART B - PROPRIETORSHIP SECTION
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ENTRYNO.
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DATE
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NAME OF PROPRIETOR
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NATIONALITY OR COUNTRY OF INCORPORATION
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ADDRESS IN KENYA (physical & postal address );TELE PHON E& EMAIL
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ID/PASSPO RT NO. /CERTIFICATE OF INCORPOR ATION/CER TIFICATE OF COMPLIAN CE NO.
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PIN NO
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CONSIDERATION
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SPOUSE(S) DISCLOSED
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SIGNATURE OF REGISTRAR
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PART C - ENCUMBRANCES SECTION
|
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ENTRY NO.
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DATE
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NATURE OF EMCUMBRANCE
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FURTHER PARTICULARS
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SIGNATURE OF REGISTRAR
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|
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(To be printed in yellow paper)
_______________________________
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Form LRA 4
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(r. 16(3))
|
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REPUBLIC OF KENYA
|
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THE LAND REGISTRATION ACT
|
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
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REGISTER OF POWERS OF ATTORNEY
|
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InstrumentSerial No.
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Land TitleNo.
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Donor
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Donee
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Date ofPresenta tion
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Date ofRegistration
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Date ofRevocation
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_______________________________
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Form LRA 5
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(r. 17)
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REPUBLIC OF KENYA
|
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THE LAND REGISTRATION ACT
|
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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|
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GENERAL POWER OF ATTORNEY
|
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TITLE NUMBER: .........................................
|
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Date of Instrument
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Registered Proprietor /Donor
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The Donee:
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|
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Name: ..........................................................................................................Registration No. (if applicable) ...............................................................Postal Address: .........................................................................................Address for Service: .................................................................................Tel. No. .......................................................................................................Email address: ...........................................................................................
|
The Donor HEREBY APPOINT(S) the Donee to be the Attomey of the Donor and generally in relation to the Donor's interest in the above-mentioned Title to do anything and everything that the Donor could do, and for the Donor and in the name of the Donor to execute all such instruments and to do all such acts, matters and things as may be necessary or expedient for carrying out the powers hereby given.
SIGNED as a Deed by the Donor day of .................. 20 ..........
EXECUTION
IN WTTNESS WHEREOF this power of Attorney has been duly executed this .............. day of ............ 20 .............
REGISTERED in the Register of Powers of Attorney as No. ............ this ........... day of .............. 20 ..............
SIGNED:
LAND REGISTRAR Seal ...................
Name:............................. Registrar's Stamp/No. ................
Signature:......................
Drawn By:
Notes:
* indicate: Name; I.D/Passport No./PIN. If corporate body, provide registration details.
_______________________________
|
Form LRA 6
|
(r. 18)
|
|
REPUBLIC OF KENYA
|
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THE LAND REGISTRATION ACT
|
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
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|
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SPECIFIC POWER OF ATTORNEY
|
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TITLE NUMBER: .......................................
|
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Date of Instrument
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RegisteredProprietor/Donor
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The Donee:
|
Name:........................Registration No. ( if applicable)................Postal Address:..........................Address for Service:............................Tel. No:........................................Email address:.............................
|
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Power limited to the following
|
Donee has power to do the following specific acts in the name of the Donor:**..........................................................................................................................................
|
The Donor HEREBY APPOINT(S) the Donee to be the Attorney of the Donor and to perform the specific acts noted above in relation to the Donor's interest in the above-mentioned Title and within this scope in the name of the Donor to execute all such instruments and to do all such acts, matters and things as may be necessary or expedient for carrying out the powers hereby given.
SIGNED as a Deed by the Donor .............. day of ................. 20.........
REGISTERED in the Register of Powers of Attorney as No. ............. this day of ............. 20 ...........
SIGNED:
LAND REGISTRAR Seal ..........................................
Name:................... Registrar's Stamp/No ................
Signature:.......................
Drawn By:
Notes
* indicate: Name; I.D/Passport No./PIN. If corporate body provide registration details.
**Give specific details of the powers donated to the Donee.
_______________________________
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Form LRA 7
|
(r. 19)
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REPUBLIC OF KENYA
|
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THE LAND REGISTRATION ACT
|
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
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Date Received
|
Presentation Book
|
Official Fees Paid
|
Receipt
|
|
............................
|
No. .................... Kshs
|
No. ..........................
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IRREVOCABLE POWER OF ATTORNEY
|
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TITLE NUMBER: .......................................
|
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Date of Instrument
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RegisteredProprietor/Donor
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*
|
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The Donee:
|
Name:........................Registration No. (if applicable)................Postal Address:..........................Address for Service:............................Tel. No:........................................Email address:.............................
|
|
Consideration
|
|
| 1. |
IN CONSIDERATION of .................................... from the Donee to the Donor (receipt whereof is hereby acknowledged by the Donor) the Donor HEREBY APPOINT(S) the Donee to be the Attorney of the Donor and generally in relation to the Donor's interest in the above-mentioned title to do anything and everything that the Donor could do, and for the Donor and in the name of the Donor to execute all such instruments and to do all such acts, matters and things as may be necessary or expedient for carrying out the powers hereby given.
|
| 2. |
The power granted herein is irrevocable.
SIGNED as a Deed by the Donor on .................. 20 ...............
EXECUTION
IN WITNESS WHEREOF this power of Attorney has been duly executed this .......... day of ................. 20 ..............
REGISTERED in the Register of powers of Attorney as No. ........... this .......... day of ............. 20 ...........
SIGNED:
LAND REGISTRAR Seal ............
Name: ................... Registrar's Stamp/No. .................
Signature: .......................
Drawn By:
Notes
*indicate: Name; I.D/Passport No./PIN. If corporate body provide registration details.
|
_______________________________
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Form LRA 8
|
(r. 20)
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REPUBLIC OF KENYA
|
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THE LAND REGISTRATION ACT
|
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
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NOTICE OF REVOCATION OF A POWER OF ATTORNEY
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TITLE NUMBER:. .................................
Date of Instrument of Notice
Applicant - Person Giving Notice*
Registered Proprietor/Donor*
The Donee:*
| 1. |
The Applicant noted above HEREBY GIVE NOTICE that the Power of Attorney filed in the register of powers of attorney as No.............. has been revoked:—
| (b) |
by the death / bankruptcy/ disability of the Donor*; or
|
| (c) |
by the death / disability of the Donee.*
|
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| 2. |
And the Applicant attaches the following documents in support thereof:
| (a) |
...................................................................
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| (b) |
...................................................................
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| (c) |
..................................................................
|
EXECUTION
IN WITNESS WHEREOF this revocation of Power of Attorney has been duly executed this ........ day of .............. 20 .............
SIGNED by the Applicant
in the presence of:—
ADVOCATE
ID/Passport No. ..................................
PIN No. ...................................................
Signature .............................................
Certificate of Verification
I CERTIFY that the above-named ......................... appeared before me on the ............... day of ................... 20 ............. and being known to me/being identified by*............ of ......... acknowledge the above signatures or marks to be his/hers/theirs and that he/she/they had freely and voluntarily executed this instrument and understood its contents.
Signature and Designation of Person Certifying**
REGISTERED in the Register of Powers of Attorney as No. ......... this ................ day of ............... 20 .......
LAND REGISTRAR
Seal ........................................
Name: ............................ Registrar's Stamp/No. ..............
Signature: .....................
Drawn By:
Notes:
*indicate: Name; I.D/Passport No./PIN. If corporate body provide registration details.
|
_______________________________
|
Form LRA 9
|
(rr. 21(2), 22(1)(d), 70(1) and 71(1))
|
(To Be Filled In Quadruplicate)
|
Fees Paid in respectof the following:
|
For Official UseOnly
|
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Item
|
ReceiptNumber
|
Amount
|
|
RegistrationFee
|
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|
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Title Fee
|
|
|
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Total Amount
|
|
|
|
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RECEIVED:
|
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The Conditions on the Back of this Form shall be complied with
|
|
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
GENERAL APPLICATION FOR REGISTRATION
|
I hereby apply for the registration of the under mentioned instruments in the following order of priority:-
|
Date ofInstrument
|
Description
|
Title Number
|
Booking Number
|
For Official Useonly
|
|
.
|
|
|
|
|
|
I/we apply/Do notapply for: Certificate ofTitle /Certificate of Lease
|
|
The following documents are enclosed:—
|
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Document/Instrument**
|
Title No
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confirmed
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|
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Name in Block Capitals ........................
Postal Address.................... Tel No ...............
Email Address .......................
Signature ................... Date............... 20..............
Special instructions, including in appropriate cases the name and address of the person to whom the documents are to be sent if other than the presentor:-
(The conditions on the back of this form must be complied with)
*Delete whichever fee is not applicable
**provide list of all the documents provided to support registration
Add documents as appropriate
[P.T.O.]
CONDITIONS
| 1. |
Every instrument presented for registration, unless it has been prepared by the Registrar, must be accompanied by this form.
|
| 2. |
The form must be completed, in triplicate, accurately in accordance with these conditions. Failure to do io may result in the rejection of the application. The information supplied by the presentor must appear legibly in English. If registration is sought at different registries, separate applications accompanied by the instrument must be addressed to each.
|
| 3. |
Delete from the list of enclosed documents those, which are not appropriate, and add any additional enclosures.
|
| 4. |
Fees must be paid before submitting the application.
|
| 5. |
Applications may be submitted as follows:—
| (a) |
by post, addressed to the appropriate Registrar;
|
| (b) |
by hand, delivered at the appropriate registry;
|
|
| 6. |
The priority of registration is not established until the application is received by the Lands registry and a Booking Number is provided.
|
| 7. |
Documents represented for registration after they have been rejected must be accompanied by a fresh set of forms of application duly completed.
|
| 8. |
The documents shall be presented by either party to the transaction or an authorised agent. For purposes of this application, an authorised agent means a person registered by a professional body.
FOR OFFICIAL USE ONLY
|
To: - THE UNDERMENTIONED PRESENTORA. The documents presented for registration are returned duly registered together with all the documents applied for.B. The documents presented for registration are returned unregistered. I am unable to register because:........................................................................................................................................LAND REGISTRARName ......................................Signature: .......................................
|
DESPATCHED
|
RECEIVED
|
|
|
...... DUPLICATE...
|
|
The Conditions on the Back of this Form shall be complied with
|
|
...............................................................................................
|
|
_______________________________
|
Date received
|
Presentation Book
|
Official fees paid
|
Receipt No.
|
|
............... 20 ...........
|
No: .......................
|
Shs. ....................
|
.......................
|
|
REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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APPLICATION TO BE NOTED IN THE REGISTER AS A SPOUSE
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TITLE NO: ..................
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Date of Application
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Registered Proprietor
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Name of Applicant
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Address for Service of Applicant (Note that the address(es) will be entered in the register and used for correspondence and the service of notice):
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Email of Applicant
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Telephone Number of Applicant
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| 1. |
The Applicant as a spouse of the registered proprietor HEREBY APPLIES to be noted in the register as a spouse.
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| 2. |
ln support of this Application the Applicant has attached a statutory declaration and supporting documents.
Dated this ................ day of ............... 20 ..........
Note: If you dishonestly enter information or make a statement that you know is, or might be, untrue or misleading, and intend by doing so to make a gain for yourself or another person, or to cause loss or the risk of loss to another person, you may commit the offence of fraud.
EXECUTION:
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I CERTIFY that the above-named ..............appeared before me on the ...............day of...............20..........and being known to me/being identified by* .............. of.......... acknowledge the above signatures or marks to be his/hers and that he/she had freely and voluntarily executed this instrument and understood its contents. ................ Signature and Designation of Person Certifying**
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LAND REGISTRAR
Name:
Signature:
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STATUTORY AND GENERAL APPLICATIONS ACT
I, ...................................... (in support of this Application) do hereby sincerely declare as follows:—
| 1. |
THAT I am the spouse of the ......................... the registered proprietor by virture of the following:
...............................................................................................
...............................................................................................
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| 2. |
I attach the following supporting documents:
| (a) |
A duly certified copy of a marriage certificate dated [] under the .................;
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| (b) |
..........................................................;
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| (c) |
A copy of the search report in respect of the property.
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I make this declaration conscientiously believing the same to be true and according to the Oaths and Statutory Declaration Act.
DECLARED before me at
..................................................
on the ............... day of ......................... 20 ..............
Drawn by
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_______________________________
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Form LRA 11
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(r. 23(3))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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TITLE NUMBER: .............................................
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Date of Application
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Name of Applicant and ID/Passport Number
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Postal Address of the Applicant
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E-mail Address of the Applicant
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Telephone Number of the Applicant
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The Proprietor
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The Registrar having received an application to be noted in the register as a spouse from the above named Applicant HEREBY NOTIFIES the Proprietor that the Applicant will be noted in the register as a spouse at the expiry of thirty (30) days from the date of posting this Notice unless an objection is received from the Proprietor before the expiry of the notice period.
Dated this ............... day of............... 20 ...........
ISSUED by the Registrar
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Seal .....................................
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REGISTRAR
Name: .................. Registrar's Stamp / No. ..............
Signature: ........................
_______________________________
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Form LRA 12
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(rr. 27(1), 31(3))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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APPLICATION FOR REPLACEMENT CERTIFICATE OF TITLE/LEASE ON LOSS/DESTRUCTION OF A PREVIOUS TITLE
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TITLE NUMBER: ..................................
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Date of Application
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Applicant*
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| 1. |
The proprietor HEREBY APPLIES for the issue of the above new Certificate of Title/Lease on the following grounds:
| (a) |
The Certificate of Title/Lease has been lost; or
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| (b) |
The Certificate of Title/Lease has been destroyed.
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| 2. |
In support of this Application the proprietor:
| (a) |
Undertakes to deliver to the Registrar the old Certificate of Title Lease if found for cancellation.
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| (b) |
Attaches a statutory declaration.
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| (c) |
Attaches the following supporting documents:—
| (ii) |
Certified copies of National Identity Card/Passport of the registered Proprietor(s). |
| (iii) |
Certified copies of certificate of registration/incorporation as well as copies of National Identity Cards/Passport of the directors/partners/officials who have sworn the statutory declaration in the case of a registered entity. |
| (iv) |
Colour passport sized photos of the individual registered Proprietors or person(s) making the statutory declaration. |
| (v) |
In the case of a registered entity, certified extract of the resolution of the entity seeking an application for a replacement title. |
| (vi) |
An official search from the registration office where the entity is registered. |
| (vii) |
An official search in respect of the Property and/or any other document evidencing ownership of the property. |
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EXECUTION
IN WITNESS WHEREOF this application of a loss or destroyed certificate of Title/lease has been duly executed by the Proprietor.
LAND REGISTRAR
Name: ................. Registrar's Stamp/No. .................
Signature: ........................
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_______________________________
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Form LRA 13
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(r. 27 (2))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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NOTICE FOR ISSUE OF A REPLACEMENT TITLE
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WHEREAS ............................. of Post Office Box Number .................... is the registered proprietor(s) of all that property(ies) known as ...................... situate ................... County by virtue of a Certificate of Title/Lease and WHEREAS sufficient evidence has been adduced to show that the said Certificate of Title/Lease has been lost notice is hereby given that after the expiry of Sixty (60) days from the date hereof I shall issue a Replacement Title provided that no objection has been received within that period.
Dated this ............. day of ............... 20 ..............
LAND REGISTRAR
_______________________________
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Form LRA 14
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(r. 28 (1), 29 (1))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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Date Received.................................
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Presentation BookNo. ..........................
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Official Fees PaidKshs. .........................
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APPLICATION FOR RECONSTRUCTION OF A LAND REGISTER
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TITLE NUMBER: .......................................
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Date of Application
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Applicant*
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Registration Details (ID/Passport/ Registration No.)
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Address in Kenya (Postal and Physical)
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E-mail address
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Telephone Number
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| 2. |
The registered proprietor ofthe above noted property is:
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Name:
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Address:
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ID Registration details
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| 2. |
| (a) |
the registered proprietor ofthe above noted property; or
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| (b) |
the person entitled to make this application pursuant to1......
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HEREBY APPLIES for the reconstruction of the land register.
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| 3. |
ln support of this Application the Applicant attaches:
| (b) |
Deed of Indemnity (if the Applicant is the registered proprietor)
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| (c) |
The following supporting documents:—
| (i) |
Certified copies of National Identify card/Passport of the registered Proprietor(s). |
| (ii) |
Certified copies of certificate of registration/incorporation as well as copies of National Identity Cards/Passport of the directors/partners/officials who have sworn the statutory declaration in the case of a registered entity. |
| (iii) |
Colour passport sized photos of the individual registered Proprietors or person(s) making the statutory declaration. |
| (iv) |
In the case of a registered entity, certified extract of the resolution of the entity seeking an application for a replacement title. |
| (v) |
An official search from the registration office where the entity is registered. |
| (vi) |
An oflicial search in respect of the Property and/or any other document evidencing ownership of the property. |
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EXECUTION
IN WITNESS WHEREOF this application of a loss or destroyed certificate of Title/lease has been duly executed by the Proprietor.
_________________
1 Provide details of the basis and capacity of the applicant to make this application
LAND REGISTRAR
Name: ......................... Registrar's Stamp/No. .................
Signature: ..........................
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I, ................................ (in support of this Application) do hereby sincerely declare as follows:—
.........................................................................................................
.........................................................................................................
I make this declaration conscientiously believing the same to be true and according to the Oaths and Statutory Declaration Act.
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Declared before me at................................................................on the ........... day of .............. 20 .....................................................................................................................................Signature of Commissioner for Oaths
or Magistrate or Notary Public
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)))))))
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*The Applicant should be the registered Proprietor or the
person entitled thereto under the Law.
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_______________________________
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Form LRA 15
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(r. 28 (2), 29 (2))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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Date Received.....................
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Presentation BookNO.........................
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Official Fees PaidKshs. .................
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IN THE MATTER OF AN APPLICATION FOR A REPLACEMENT OF CERTIFICATE OF TITLE/LEASE
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THE LAND REGISTRATION ACT
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TITLE NUMBER: ....................................
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STATUTORY DECLARATION BY A BODY CORPORATE
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I, ............................................ of National Identity Card Number [or Passport Number] ................................ and of [postal address code and town and country]
SOLEMNLY AND SINCERELY DECLARE as follows:—
| 1. |
THAT I am a director of [provide name address and Registration Number of the Corporate Entity ("the company") and duly authorized to swear this affidavit on behalf of the Company.
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| 2. |
THAT the Company is the registered proprietor of ALL THAT piece of land known as Title Number ....................... together with the improvements erected and being thereon ("the Property"). Attached herewith and marked [.............] is an official search of the register relating to the Property issued within 30 days of this declaration by the ............... Land registry on .......................
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| 3. |
THAT the title to the Property is comprised in a certificate of title/Lease.
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| 4. |
THAT the original Certificate of Title/Lease relating to the Property has been lost and/or misplaced and despite all efforts to search for it among the Company's records and documents, I have failed to trace or find the said Certificate of Title/Lease and I verily believe that the same has been lost and cannot be found. A Police Abstract reporting the loss of the said Certificate of Title/Lease is attached and marked "......................"
ALTERNATIVE*
THAT the original certificate of Title/Lease relating to the property has been destroyed by ..................... A police Abstract reporting the destruction of the said Certificate of Title/Lease is attached and marked ......................
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| 5. |
THAT I hereby confirm that the said Certificate of Title/Lease has not been deposited by way of pledge or given as security for a loan to any person, firm, company, bank or any financial institution other than as stated in the official search.
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| 6. |
THAT I shall return the Certificate of Title/Lease to the Land Registrar whenever the same is found.
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| 7. |
THAT I make this declaration in support of an application made under the Land Registration Act, 2012 to the Land Registrar seeking a replacement Certificate of Title/Lease in lieu of the aforesaid lost/destroyed document and make this declaration conscientiously believing the same to be ffue and according to the Oaths and Statutory Declarations Act.
DECLARED by the said)
at ................ this .................)
day of 20)
in the presence of)
)
)
)
COMMISSIONER FOR OATHS)
*Delete whichever is not applicable.
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_______________________________
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Form LRA 16
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(r. 28 (3), 29 (3))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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Date Received.................................
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Presentation BookNo. ..........................
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Official Fees PaidKshs. .........................
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IN THE MATTER OF AN APPLICATION FOR
REPLACEMENT OF CERTIFICATE OF TITLE/LEASE
THE LAND REGISTRATION ACT
TITLE NUMBER:............................
STATUTORY DECLARATION BY A NATURAL PERSON
I, ................................ of Post Office Box Number ..................... Nairobi in [the Republic of Kenya] take oath and swear as follows:
| 1. |
THAT I am [together with .......................] the registered proprietor of ALL THAT property noted in Title Number .......................... ("the Property"). Attached herewith and marked [......................] is an official search of the register relating to the Property issued within 30 days of this declaration by the ........................ Land registry.
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| 2. |
THAT the title to the Property is comprised in a Certificate of Title/Lease.
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| 3. |
THAT the original Certificate of Title/Lease relating to the Property has [been lost and/or misplaced] and despite all efforts to search for it I have failed to trace or find it and I verily believe that the same has been lost and cannot be found. A Police Abstract reporting the loss of the said Certificate of Title/Lease is attached and marked "...................."
ALTERNATIVE*
THAT the original certificate of Title/Lease relating to the Property has been destroyed by ........................ A Police Abstract reporting the destruction of the said Certificate of Title/Lease is attached and marked "...................."
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| 4. |
THAT I hereby confirm that the said Certificate of Title/Lease has not been deposited by way of pledge or given as security for a loan to any person, firm, company, bank or any financial institution other than as stated in the official search.
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| 5. |
THAT I shall return the Certificate of Title/Lease to the Land Registrar whenever the same is found.
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| 6. |
THAT I make this declaration in support of an application made under the Land Registration Act, 2012 to the Land Registrar seeking a replacement Certificate of Title/Lease in lieu of the aforesaid lost/destroyed document and make this declaration conscientiously believing the same to be true and according to the Oaths and Statutory Declarations Act.
SWORN at by the said)
this)
day of ...................... 20 .............)
)
)
)
)
BEFORE ME:)
)
)
)
)
COMMISSIONER FOR OATHS)
*Delete whichever is not applicable.
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_______________________________
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Form LRA 17
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(rr. 28(4), 29(4))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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DEED OF INDEMNITY
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THIS DEED OF INDEMNITY is made the ...................... day of ................. two thousand and .................. by [.......] a limited liability company incorporated in the Republic of Kenya whose address is care of Post Office Box Number Nairobi in the said Republic (hereinafter called "the Owner").
WHEREAS:-
| 1. |
The Owner is registered as proprietor as owner from the Government of the Republic of Kenya of ALL THAT piece of land situate ..................... (hereinafter called "the property").
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| 2. |
The Advocates for the Owner have applied for a search over the Property and have been informed by the Officers (hereinafter defined) that the Deed file relating to the Property cannot be traced at the Land Titles Registry and that to carry out a search, the said Deed File is required to be reconstructed for which purpose the Owner has been requested to issue this Deed of Indemnity.
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| 3. |
The Owner has not caused and is in no way involved with the disappearance of the original Deed file.
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| 4. |
The Owner is desirous of reconstructing the Deed File.
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| 5. |
This Deed of Indemnity is supplemental to the Affidavit annexed hereto sworn by the Owner.
NOW THIS DEED WTTNESSETH that the Owner shall indemnify and hold harmless the Government of the Republic of Kenya its officers and agents ("the Officers") from and against all actions proceedings claims demands costs expenses and losses whatsoever arising from the reconstruction of the Deed file ("the Losses") PROVIDED THAT the Losses arise out of a fraud or illegality on the part of the Owner and PROVIDED FURTHER THAT the indemnity contained herein shall determine on the date on which the Owner ceases to be the registered proprietor of the Property.
IN WITNESS WHEREOF the Owner has hereunto caused its Common Seal to be hereunto affixed the day and year first hereinbefore written.
SEALED with the Common Seal of the Owner )
in the presence of:— )
)
)
Director
)
)
Director/Secretary
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_______________________________
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Form LRA 18
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(r. 28 (5), 29(5))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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NOTICE FOR RECONSTRUCTION OF LOST OR DESTROYED LAND REGISTER
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WHEREAS ................................. of Post Office Box Number ................. is the registered proprietor of all that property known as ...................... situate in......... County AND WHEREAS the land register in respect thereof is lost destroyed and efforts made to locate the said land register have failed notice is given that after the expiry of sixty (60) days from the date hereof, the land register shall be reconstructed provided that no objection has been received with that period.
Dated this .............. day of .............. 20..........
LAND REGISTRAR
_______________________________
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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Date Received.................................
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Presentation BookNo. ..........................
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Official Fees PaidKshs. .........................
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APPLICATION FOR ISSUE OF A CERTIFICATE OF TITLE/LEASE*
TITLE NUMBER .......................................
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Date of Application
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Proprietor
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ID/Passport/CompanyRegistration No. of the Proprietor(if any)
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| 1. |
The Proprietor HEREBY APPLIES for the issue of the above Certificate of Title/Lease*
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| 2. |
In support of this Application, the Proprietor has attached statutory declaration and supporting documents.
Dated this ............. day of ..................20 ...........
*Delete where not appropriate
EXECUTION:
LAND REGISTRAR
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I, ..................................... (in support of this Application) do hereby sincerely declare as follows:—
...............................................................................................
........................................................................................
I make this declaration conscientiously believing the same to be true and according to the Oaths and Statutory Declaration Act.
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Declared before me at.........................................................on the ....................................day of ..................... 20 ........................................................Signature of Commissioner for Oaths
or Magistrate or Notary Public*** one of the supporting documents must be a police abstract.
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))))))))))
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*The Applicant should be the registered Proprietor or the
person entitled thereto under the Law.
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_______________________________
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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Serial Number [..........] for [.........] County*
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TITLE No. ..............................................
AREA ......................................... HA (APPROX)
This is to certify that ...........................................................
......................................................................................................
is (are) now registered as the absolute proprietor(s) of the land comprised in the above-mentioned title, subject to the entries in the register relating to the land and such of the overriding interests set out in section 28 of the Land Registration Act as may for the time being subsist and affect the land.
GIVEN under my hand and the seal of the .......................... Land Registry
this ............... day of ........................, 20 .........
....................................
Registrar
(To be completed only when the applicant has paid Kshs. .................)
*the Govemment Printer to include details as advised
Serial Number [...............] for [...............] County*
At the date stated on the front hereof, the following entries appeared in the register relating to the land:—
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EDITION
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PART A - PROPERTY SECTION
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OPENED
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REGISTRATION UNIT
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EASEMENTS ETC
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NATURE OF TITLE
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ABSOLUTE
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BLOCK NO.
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PARCEL NO.
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AREA Ha. (APPROX)
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CADASTRAL MAP SHEET NO.
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CADASTRAL PLAN NO.
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USER:
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REMARKS: (provide details of change of use or any restriction thereof)
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PART B - PROPRIETORSHIP SECTION
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ENTRY NO.
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DATE
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NAME OF REGISTERED PROPRIETORNATIONALITY
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ADDRESS OFSERVICE INKENYANATIONAL ID No.PASSPORT No.:CERTIFICATEOFINCORPORATIONNo.
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CONSIDERATIONANDREMARKS
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SIGNATUREOFREGISTRAR
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PART C - ENCUMBRANCES SECTION
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ENTRY NO.
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DATE
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NATURE OF ENCUMBRANCE
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FURTHER PARTICULARS
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SIGNATURE OF REGISTRAR
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Land Registrar
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[P.T.O.]
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(Heading as in Form LRA-1)
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Serial Number [..........] for [.........] County*
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_______________________________
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REPUBLIC OF KENYA
|
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THE LAND REGISTRATION ACT
|
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
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Serial Number [..........] for [.............] County*
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TITLE No. ..........................................................
AREA ......................................................... HA (APPROX.)
RENT ................................................................
TERM ............................ YEARS FROM ...........................
THIS IS TO CERTIFY THAT .................................................
Is (are) now registered as the proprietor(s) of the leasehold interest above referred to, subject to the agreements and other matters contained in the registered Lease, to the entries in the register relating to the Lease and such of the overriding interests set out in section 28 of the Land Registration Act as may for the time being subsist and affect the land comprised in the Lease.
GIVEN under my hand and the seal of the ................... Land Registry this ................ day of ..............., 20 ...........
Registrar
Name: ....................... Stamp / No. ...............
Signature: ..................................
At the date stated on the front hereof, the following entries appeared in the register relating to the land:—
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EDITION
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OPENED:
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SECTION
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PART A-PROPERTY
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REGISTRATION UNIT:
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PARTICULARS OF LEASE
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NATURE OF TITLE
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REGISTRATIONSECTION:
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LESSOR:
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BLOCK NUMBER:
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PARCEL NUMBER:
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LEASEHOLD
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APPROXIMATE AREAHa.
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LESSEE: ID /PASSPORTNO. I CERTIFICATE OFINCORPORATION NO. /CERTIFICATE OF COMPLIANCE
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PIN NO. PHYSICALADDRESS: POSTALADDRESS:
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CADASTRAL MAP SHEETNO.
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TERM: FROM:RENT:
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CADASTRAL PLAN NO.
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FOR APPURTENANCES,SEE THE REGISTEREDLEASE. NB. WHERE THE LEASE IS OF A PARCEL THE PARCEL NUMBER REFERS TO THENUMBER SHOWN ON THE FILED PLAN
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USER
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REMARKS (providedetailsof change of use orany restriction thereof)
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PART B - PROPRIETORSHIP SECTION
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PART B - PROPRIETORSHIP SECTION
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ENTRY NO.
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DATE
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NAME OFREGISTEREDPROPRIETOR
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ADDRESSAND DESCRIPTION OFREGISTERED PROPRIETOR
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CONSIDERATIONS AND REMARKS
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SIGNATUREOF THE REGISTRAR
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RESTRICTED: NODISPOSITION BY THE PROPRIETOR SHALL BE REGISTEREDWITHOUT THE WRITTEN CONSENT OF THELESSOR (S. 48)
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.
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.
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PART C- ENCUMBRANCESSECTION
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ENTRY NO.
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DATE
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NATURE OFENCUMBRANCE
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FURTHERPARTICULARS
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SIGNATURE OFREGISTRAR
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......................................
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Registrar
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[P.T.O.]
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(Heading as in Form LRA-1)
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Serial Number [..........] for [.........] County*
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_______________________________
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
|
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
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Date Received
|
Presentation BookNo...............
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Official Fees PaidKshs.
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Receipt No.
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REFUSAL TO REGISTER AN APPLICATION FOR REGISTRATION
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TITLE NO: .......................................
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Date of Application
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Applicant
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Give full name(s)
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ID/Passport/Company Registration No ofApplicant (if any)
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Instrument(s)presented for registration
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..............................................................................................................................................................................
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The Land Registrar HEREBY NOTIFIES the Applicant that the above-mentioned instrument(s) cannot be registered on the following grounds:
......................................................................................
.......................................................................................
Dated this ................ day of .................... 20 .......................
SIGNED by the Land Registrar
Name:
Signature:
......................................
_______________________________
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Form LRA 23
|
(r. 40(1), 41(1))
|
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REPUBLIC OF KENYA
|
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THE LAND REGISTRATION ACT
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|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
Date Received
|
Presentation BookNo...............
|
Official Fees PaidKshs.
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Receipt No.
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APPLICATION BY AN INTERESTED PERSON TO ASCERTAIN AND FIX THE
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BOUNDARIES OF LAND
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TITLE NUMBER:
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Date of Application
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Name of Applicant IInterested Party:
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Give full name(s)
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RegisteredProprietors of land adjoining
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1.2.3.Give full name(s)
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Address (withinKenya for service of notice)
|
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The registered Proprietor/lnterested Party HEREBY APPLIES to the Land Registrar to ascertain and fix the boundaries ofthe above land.
Dated this ..................... day of ..................... 20 ................
EXECUTION:
_______________________________
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Form LRA 24
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(rr. 40(2), 41(2))
|
|
REPUBLIC OF KENYA
|
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THE LAND REGISTRATION ACT
|
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
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NOTICE OF INTENTION TO ASCERTAIN AND FIX THE BOUNDARIES
|
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TITLE NUMBER(S):.................................
|
| 1. |
The Registrar HEREBY NOTIFIES the Proprietor(s) noted in the Schedule of the intention to ascertain and fix the boundaries of the above noted parcel Title Number(s) and to subsequently amend the Register.
|
| 2. |
The Proprietor(s) are HEREBY NOTIFIED to appear before the Registrar on date, time and place set out in the Schedule with such documents and/or representations necessary to assist in the inquiries in the matter. Please note that the Registrar will make a determination on the said date or so soon thereafter.
|
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Date of Meeting
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Time
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AM/PM
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Place of Meeting
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PROPRIETOR(S)
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Title No
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Name of Proprietor as per Register
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Address for Service as Per Register
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Tel No.
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Title No
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Name of Proprietor as per Register
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|
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Address for Service as Per Register
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Tel No.
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[add if more than two titles with different proprietors]
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Title No
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Name of Proprietor as per Register
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Address for Service as Per Register
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Tel No.
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Dated this ................. day of ...................... 20 ............
SIGNED by the Registrar
Name:...........................
Signature:......................
_______________________________
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Form LRA 25
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(r. 42)
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
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Date Received
|
Presentation BookNo. ...................
|
Official Fees PaidKshs.
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|
|
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ORDER FOR DEMARCATION/MAINTENANCE
|
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TITLE NUMBER(S): ...........................
|
|
|
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Date of Order
|
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Proprietor(s)
|
Name and address as in Register
|
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ID/Passport/CompanyRegistration No of Proprietors ( if anv)
|
|
The Registrar HEREBY ORDERS the Proprietor(s) to do the following:—
| (a) |
to demarcate the boundary(s) of the land comprised in the above Title(s), within ........... days from the date of this Order; and,/or
|
| (b) |
to maintain the boundary(s) features of the land comprised in the above Title(s).
|
NOTE that failure to comply with the directions in this order is an offence.
SIGNED by the Land Registrar
Name: ........................... Seal: ...............
Signature: ........................
_______________________________
|
Form LRA 26
|
(r. 43(1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
Date Received....................
|
Presentation BookNo...............................
|
Official Fees PaidKshs.
|
|
|
|
APPLICATION FOR COMBINATION
|
|
TITLE NUMBER(S): ...........................
|
|
|
|
Date
|
|
|
RegisteredProprietor(s)
|
Give full name(s) and company's registered number, if any
|
| 1. |
The parcels comprised in the above-mentioned Title(s) are registered in the name of the same Proprietor(s).
|
| 2. |
The proprietor(s) HEREBY APPLY for the parcels to be combined in the following manner:**
|
Cadastral Plan Number
|
Parcel Number
|
Area (approximately)
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|
|
|
|
|
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|
|
Dated this .......................... day of......................... 20..................
EXECUTION
REGISTERED and SEALED this ................ day of ........................... 20 ................
Seal ....................................
LAND REGISTRAR
Name: ................................... Registrar's Stamp / No....................
Signature:............................
DRAWN BY:
Notes:
*Delete whichever is not applicable.
**Attach a Cadastral Map and a Cadastral Plan.
***The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
................................................................................
|
_______________________________
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Form LRA 27
|
(rr. 43(2)(b), 44(2)(f), 45(2)(e))
|
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REPUBLIC OF KENYA
|
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THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
Date Received...........................
|
Presentation BookNo..................
|
Official Fees PaidKshs
|
|
MUTATION FORM
|
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(This form is to be completed in triplicate.)
|
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Part A: Title Details and Registered Proprietor(s) instructions to the Surveyor
|
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TITLE NUMBER(S): ......................................
|
|
|
Title No.
|
Title No.
|
Title No.
|
Title No.
|
Title No.
|
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ApproximateArea(Hectares)
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Cadastral MapSheet No.
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|
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RegisteredProprietor (s)ID /PassportNo/Registration No. andAddress
|
1. .............................................................2. .............................................................3. .............................................................4. .............................................................5. .............................................................
|
Instructions of Registered Proprietor(s) to the Surveyor*
The Proprietor(s) of the above noted Parcel(s) HEREBY instructs the Surveyor to carry out the following (tick as appropriate):
| 1. |
Subdivide the parcel as shown on page two/as per attached approved scheme plan
|
| 2. |
Re-parcel the parcels noted above as shown on page two/is per attached approved scheme plan
|
| 3. |
Combine the parcels noted above as shown on page two/as per attached approved scheme plan.
|
| 4. |
Partition the parcel noted above as shown on page two/as per attached approved scheme plan.
|
| 5. |
Change the common boundaries of the parcels noted above as shown on page two/as per attached approved scheme plan.
|
| 6. |
The boundaries are to be surveyed according to the area(s) as shown on page two/as per attached approved scheme Plan.
|
| 7. |
The boundaries are to be surveyed as they exist on the ground as shown on page two/as per attached approved scheme plan.
(An Approved Scheme Plan may be attached)
Page Three
|
1. Name ........................
|
Proposed Plot(s) Layout (Not to Scale) ...................................
|
|
2. Name .....................
|
|
3. Name .................
|
ID No. .......................................
|
Signature/Thumb Print .............................
|
|
4. Name .................
|
ID No. .......................................
|
Signature/Thumb Print .............................
|
|
5. Name .................
|
ID No. .......................................
|
Signature/Thumb Print .............................
|
Certificate of Verification
I CERTIFY that the above-named Proprietor(s) appeared before me on the .............. day of .................. 20 ............ and being known to me/being identified by .................. of .................. acknowledged the above signature(s) or mark(s) to be his/hers/theirs and that he/she/they had freely and voluntarily executed this instrument.
*The person certifying should be a Surveyor or an Advocate of the High Court of Kenya or Licensed Physical Planner
|
Part B: Details and Confirmation by the Surveyor
|
|
Draw or Attach Plot(s) Layout as Surveyed on Site - Plotted to Scale
| 1. |
I confirm that the plotting above contains the actual measurements recorded at the time of observation in the field and certify that all the work performed in the field and in the office has been carried out by myself / under my personal direction, and I take full responsibility for all work so performed.
Name & Registration No. of the Surveyor: .....................................
Signature: .......................... Official Stamp: ............................
Date: .......................................
|
| 2. |
The Proprietor(s) confirms having been shown the boundary extent of the resultant parcel(s).
Name & ID of Proprietor(s)/Representative or Authorized Agent:.........
Signature/ Thumb Print:.............. Date: ............
Page Four
To: The Government Surveyor: Please provide new parcel numbers to the following parcels of land and amend the Cadastral Map accordingly:
|
No. ofParcels
|
A
|
B
|
C
|
D
|
E
|
F
|
G
|
H
|
I
|
J
|
|
New ParcelNumber(s)
|
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|
|
|
|
|
|
|
|
|
|
Approx. Area(Ha)
|
|
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|
|
|
|
|
|
|
|
Name & Registration No. of Surveyor: ......................................
Signature: ................................ Official Stamp: ...............................
Date ................................
|
Part C: Certification by the Government Surveyor
|
To the Land Registrar: .................. County
I certify that the survey and information represented by this Mutation Form Serial No. ......................... has been prepared in accordance with the Survey Act and Survey Regulations. I have checked and approved the Mutation; issued new numbers to the respective parcel(s) and amended the Cadastral Map accordingly. You may therefore register the Mutation. A copy of the amended cadastral Map is herewith attached.
Name of Government Surveyor: ......................................
Signature: ............................ Official Stamp: .....................
Date: ...............................
|
Part D: Registration by the Land Registrar
|
REGISTERED this ............... day ....................... 20 ................
Entry No. .............................. Property Section.
Name of Land Registrar: .........................................
Signature and Number of Land Registrar ..........................
Seal of the Land Registry ..........................................
|
_______________________________
|
Form LRA 28
|
(r. 44(1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
Date Received...........................
|
Presentation BookNo..................
|
Official Fees PaidKshs
|
|
APPLICATION FOR REPARCELLATION
|
|
TITLE NUMBERS: .............................
|
|
Date of Application
|
|
|
The Applicants:
|
Give full name(s)
|
|
ID/Passport/CompanyRegistration No. ofthe Trustee(if any)
|
|
|
The Applicants:
|
Give full name(s)
|
|
ID/Passport/CompanyRegistration No. ofthe Trustee(if any)
|
|
SCHEDULE OF REPARCELLATION
|
Cadastral PlanNumber
|
Parcel Number
|
Area (approximately)
|
Proprietor
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
The Applicant HEREBY APPLIES for the re-parcellation in respect of the above noted parcels of land.
In support of this Application, the Applicant attaches a Certified True copy of the supporting documents.
EXECUTION:
_______________________________
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
Date Received...........................
|
Presentation BookNo..................
|
Official Fees PaidKshs.
|
|
APPLICATION FOR PARTITION
|
|
TITLE NUMBERS: .............................
|
|
Date of Instrument Instrument
|
|
|
Proprietor (s)*
|
1.2.3.
|
| 1. |
This Application is made by the above noted registered Proprietors of the land comprised in the above-mentioned Title.
|
| 2. |
The proprietors HEREBY APPLY for the land to be partitioned in the following manner: ***
|
Cadastral PlanNumber
|
Parcel Number
|
Area (approximately)
|
Proprietor
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Dated this ............. day of ......................... 20 .................
EXECUTION
REGISTERED and SEALED dated the ................................. 20..........................
Seal..................................................
LAND REGISTRAR
Name:................................... Registrar's Stamp/No..............................
Signature:............................................
DRAWN BY:
Notes:
*Give details of all the proprietors : name; PIN; lD/Passport No.; and Address
**Delete whichever is not applicable.
***The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
**** Attach a Cadastral Map and a Cadastral Plan-
|
_______________________________
|
Form LRA 30
|
(r. 46(1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
Date Received...........................
|
Presentation BookNo..................
|
Official Fees PaidKshs
|
|
APPLICATION FOR PARTITION PURSUANT TO AN ORDER OF THE REGISTRAR
|
|
TITLE NUMBER: ...................................
|
|
Date of Instrument
|
|
|
Proprietor (s)*
|
1.2.3.
|
| 1. |
This Application is made by ................................. Name of the applicant(s) the tenant(s) in common of the land comprised in the above-mentioned Title.
|
| 2. |
The applicant(s) HEREBY apply to the Registrar for the land to be partitioned in accordance to the Court order as follows:
|
Cadastral PlanNumber
|
Title Number
|
Area (approximately)
|
Proprietor
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Dated this ................................ day of ............................... 20 .................
EXECUTION
REGISTERED and SEALED this ................... day of ....................... 20 ....................
|
|
Seal ...........................................
|
LAND REGISTRAR
Name: ............................... Registrar's Stamp/No .........................
Signature: ...............................................
DRAWN BY:
Notes:
*Give details of all the tenants: name; PIN; ID/Passport No.; and Address
**Delete whichever is not applicable.
***The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
**** Attach a Cadastral Map and a Cadastral Plan.
|
_______________________________
|
Form LRA 31
|
(r. 46(2))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
NOTICE FOR A HEARING ON APPLICATION FOR PARTITION OF LAND HELD IN COMMON
|
|
TITLE NUMBER: ...............................................
|
|
Date of Application
|
|
|
Date of Hearing
|
|
|
Applicant:
|
Give full name(s) and if corporate the registration number, if any
|
|
The Tenants to be Served:
|
Give full name(s) and company's registration number, if any
|
The Land Registrar upon receiving an application for partition of land occupied in common from the applicant, HEREBY NOTIFIES the Tenants in Common of a hearing to determine the application to be held in the office of the Land Registrar on the.................. day of..................20........... at.................... AM/PM. please bring all the relevant supporting documents (original and copy) and witnesses, if any.
LAND REGISTRAR
Name:................................. Registrar's Stamp/No ..........................
Signature: .....................................................
_______________________________
|
Form LRA 32
|
(r. 47)
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
Date Received...........................
|
Presentation BookNo..................
|
Official Fees PaidKshs
|
|
FORM OF CONSENT OF A CHARGEE TO A PARTITION
|
|
TITLE NUMBER: .............................
|
|
Date
|
|
|
The Proprietor(s)
|
Give full name(s) and if corporate the registered number, if any
|
|
The Chargee
|
|
The above named Chargee in respect of the Charge dated ....................... and registered as Entry Number.............. of the property comprised in the above noted Title HEREBY CONSENT for the land to be partitioned in the following manner;*
|
Cadastral PlanNumber
|
Title Number
|
Area (approximately)
|
Proprietor
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
IN WITNESS WHEROF the Chargee has signed this Consent as a deed.
EXECUTION:
* Attach a Cadastral Map and a Cadastral Plan.
REGISTERED this ............ day of ................. 20 .............
ENTRY in Encumbrances Section Number:..................
Seal ........................................................
LAND REGISTRAR
Name: .......................... Registrar's Stamp/No. .......................
Signature: ...........................
DRAWN BY:
_______________________________
|
Form LRA 33
|
(r. 49(1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
Date Received...........................
|
Presentation BookNo..................
|
Official Fees PaidKshs
|
|
TRANSFER OF INTEREST IN LAND
|
|
TITLE NO: .......................................
|
|
Transferor(s)
|
Give full name(s)
|
|
ID/Passport/ CompanyRegistration No.
|
|
|
Transferee(s)
|
Give full name(s)
|
|
ID/Passport/ CompanyRegistration No.
|
|
|
Consideration
|
**Amount of:............................
((Receipt is hereby acknowledged by the Transferor(s))
|
|
Other .....................................
|
|
Nature of Interest to be transferred
|
|
This TRANSFER OF INTERESTIN LAND witnesses as follows:
| 1. |
The Transferor(s) HEREBY TRANSFER to the Transferee(s) the above-mentioned interest in the above Title.
|
| 2. |
The Transfer is subject to the following:
| (a) |
The provisions of The Land Registration Act (No 3 of 2012) and The Land Act (No 6 of 2012);
|
| (b) |
The interests noted in the Register of the Title.
|
|
| 3. |
The Transfer is also subject to the following additional provisions, (if any).
lN WITNESS the Transferor(s) and the Transferee(s) have signed this Transfer as a deed.
EXECUTION:
REGISTERED and SEALED this ...................... day of .................... 20 ................
|
|
Seal ...........................................
|
LAND REGISTRAR
Name: ................................... Registrar's Stamp / No. ..............................
Signature: ....................................
|
_______________________________
|
Form LRA 34
|
(r. 50)
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
Date Received...........................
|
Presentation BookNo..................
|
Official Fees PaidKshs
|
CONSENT BY THE ENCUMBRANCER TO TRANSFER
|
I/We ............................................ being the holder(s) of National Identity Card/ Certificate of incorporation /Registration Number(s).......................... and of P.O Box Number .................... being the encumbrancer of the above title hereby acknowledge and declare that:—1. I/We have full knowledge of this Transfer;2. I/We understand the nature and effect of this Transfer;3. I/We acknowledge that I/We have taken legal advice regarding the nature, remedies and effect of this Transfer; and4. Neither the Transferor nor the Transferee have used any compulsion or threat or exercised undue influence on me/us to induce me/us to execute this consent;AND I/We HEREBY CONSENT to the said Transfer.............................................Signature of encumbrancerName and signature of person certifying: ................................
|
|
Verification of execution pursuant to Section 45 of the Land Registration Act (for individuals)
|
|
I CERTIFY that the above-named encumbrances(s) appeared before me on the..................... day of........................ 20............ and being known to me/being identified by...................... of............................. acknowledged the above signature or mark to be his/hers/theirs and that he/she/they had freely and voluntarily executed this instrument and understood its contents.
|
|
|
.........................................................................
|
|
|
Names and signature of person certifying
|
_______________________________
|
Form LRA 35
|
(r. 51(1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
TRANSFER OF UNDIVIDED SHARE
|
|
TITLE NO: .........................................
|
|
Date
|
|
|
RegisteredPronrietors
|
|
|
Transferor (s)
|
*
|
|
Transferee(s)
|
*
|
|
Consideration
|
**Amount of:............................
((Receipt is hereby acknowledged by the Transferor(s))
|
|
Other .....................................
|
|
Undivided Share(s) BeingTransferred
|
|
|
ContinuingProprietor(s)
|
|
This TRANSFER OF UNDIVIDED SHARE witnesses as follows:
| 1. |
The Transferor(s) HEREBY TRANSFERS the above (.........) undivided share(s) in the above property
|
| 2. |
The Transfer is subject to the following:
| (a) |
The provisions of The Land Registration Act (No. 3 of 2012) and the Land Act (No. 6 of 2012);
|
| (b) |
The interests noted in the Register of the Title.
|
|
| 3. |
The Transfer is also subject to the following additional provisions, if any:
|
| 4. |
The Transferee(s) and the Continuing Proprietor(s) declare that they shall hold the property comprised in the above Title in trust for each other as:—
| (a) |
Tenants in common in the following shares:—
|
IN WITNESS the Transferor and the Transferee (and the Continuing Proprietor) have signed this Transfer as a deed.
EXECUTION:
REGISTERED and SEALED this .................... day of .......................... 20 ...................
LAND REGISTRAR Seal.............................................
Name: .............................. Registrar's Stamp / No.........................
Signature:..............................................
DRAWN BY:
Notes:
*Delete whichever is not applicable.
**The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
|
_______________________________
|
Form LRA 36
|
(r. 52(1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
Date Received...........................
|
Presentation BookNo..................
|
Official Fees PaidKshs
|
|
TRANSFER OF JOINT INTEREST
|
|
TITLE NO: .........................................
|
|
Date
|
|
|
Transferors
|
*
|
|
Transferee(s)
|
*
|
|
Consideration
|
* *Amount of: .......................((Receipt is hereby acknowledged by the Transferor(s))
|
|
Other ...................
|
This TRANSFER OF JOINT INTEREST witnesses as follows:
| 1. |
The Transferors HEREBY TRANSFER to the Transferee(s) the Transferors right title and interest in the above Title.
|
| 2. |
The Transfer is subject to the following:
| (a) |
The provisions of The Land Registration Act (No 3 of 2012) and The Land Act (No. 6 of 2012);
|
| (b) |
The interests noted in the Register of the Title.
|
|
| 3. |
The Transfer is also subject to the following additional provisions, (if any).
|
| 4. |
The Transferee(s) shall hold the land comprised in the Title as joint proprietors/as proprietors in common *** in the following undivided shares:-
lN WITNESS the Transferors and the Transferee(s) have signed this Transfer as a deed.
EXECUTION:
REGISTERED and SEALED this ..................... day of....................... 20 ...........
LAND REGISTRAR Seal ...............................................................
Name: .......................................... Registrar's Stamp/No. ..................................
Signature: .............................................................................
DRAWN BY:
Notes:
*Delete whichever is not applicable.
**The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
|
_______________________________
|
Form LRA 37
|
(r. 53 (1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
Date Received...........................
|
Presentation BookNo..................
|
Official Fees PaidKshs
|
|
APPLICATION FOR SEVERANCE OF JOINT OWNERSHIP
|
|
TITLE NUMBER: .............................
|
|
Date of Application:
|
|
|
Joint Proprietors:
|
1. Name: ................................................Address:..............................................2. Name:.................................................3. Address: .........................................4. Name:.................................................Address: .....................................5. Name:...............................................Address: ......................................
|
| 1. |
The joint Proprietors HEREBY APPLY to the Land Registrar to sever their joint proprietorship in the above-mentioned Title and apply to be registered as proprietors in common* in the following undivided shares:—
.... in favour of [............. insert the name of the proprietor]
.... in favour of [............. insert the name of the proprietor]
.... in favour of [............. insert the name of the proprietor]
.... in favour of [............. insert the name of the proprietor]
|
| 2. |
The Transfer is subject to the following:
| (a) |
The provisions of rhe Land Registration Act, 2012 (No. 3 of 2012) and The Land Act, 2012 (No. 6 of 2012);
|
| (b) |
The interests noted in the Register of the Title.
|
|
| 3. |
The Transfer is also subject to the following additional provisions, if any:
EXECUTION
IN WITNESS WHEREOF the parties hereof have signed this document this ................... day of ..................... 20 .............
REGISTERED and SEALED this ................... day of ...................... 20 ...............
Seal ......................................................................
LAND REGISTRAR
Name: ........................................ Registrar's Stamp / No. ........................
Signature..........................................................
DRAWN BY:
Notes:
*Delete whichever is not applicable
**The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
|
_______________________________
|
Form LRA 38
|
(r. 54 (1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
Date Received...........................
|
Presentation BookNo. .................
|
Official Fees PaidKshs.
|
|
APPLICATION FOR THE REMOVAL OF THE NAME OF A DECEASED JOINT PROPRIETOR FROM THE REGISTER
|
|
TITLE NUMBER: ................................
|
|
Date of Application:
|
|
|
Joint Proprietors onRegister:
|
1. Name:..........................................Address: ......................................2. Name:..........................................Address: ......................................
|
|
Applicant(s) SurvivingJoint Proprietor(s):
|
1. Name:..........................................Address: ......................................2. Name:..........................................Address: ......................................
|
|
Deceased Joint Proprietor:
|
1. Name:..........................................Address: ......................................
|
| 1. |
The Applicant (s) being the Surviving Joint Proprietor(s) HEREBY APPLIES to the Land Registrar to remove the name of the above Deceased Joint Proprietor from the Register of the above-mentioned Title to the intent that the Surviving Joint Proprietor(s) shall be registered as the sole proprietor(s) of the above-noted property.
|
| 2. |
The Proprietor(s) HEREBY PRODUCES for registration by the Land Registrar a certified copy of the Death Certificate of the Deceased Joint Proprietor.
EXECUTION:
REGISTERED and SEALED this............. day of .......... 20 .....
LAND REGISTRAR Seal...................................................
Name:....................... Registrar's Stamp / No.................
Signature:.................................................
DRAWN BY:
Notes:
*Delete whichever is not applicable.
**The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
|
_______________________________
|
Form LRA 39
|
(r. 56 (1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
Date Received...........................
|
Presentation BookNo..................
|
Official Fees PaidKshs
|
|
TRANSFER TO THE PERSONAL REPRESENTATIVE AS EXECUTOR/ADMINISTRATOR
|
|
TITLE NO: ...................................
|
|
Date of Transfer
|
|
|
Transferor(s)
|
Give full name(s) ....................... as personalrepresentative(s) of the Estate of .....................
|
|
ID/Passport
|
|
|
Transferee(s)
|
Give full name(s)....................... as personalrepresentative(s) of the Estate of.....................
|
|
Date of Letters of Administration/Probate
|
|
|
Nature of Interest to be transferred
|
|
This TRANSFER witnesses as follows:
| 1. |
The Transferor(s) HEREBY TRANSFERS to the Transferee(s) the above-mentioned interest in the above Title.
|
| 2. |
The Transfer is subject to the following:
| (a) |
The provisions of The Land Registration Act (No 3 of 2012) and The Land Act (No 6 of 2012);
|
| (b) |
The interests noted in the Register of the Title.
|
|
| 3. |
The Transfer is also subject to the following additional provisions, (if any).
IN WITNESS the Transferor(s) have signed this Transfer as a deed.
EXECUTION:
REGISTERED and SEALED this ............... day of .......................... 20 .................
Seal ......................................................................
LAND REGISTRAR
Name: .............................................. Registrar's Stamp / No. ..................
Signature: ...........................................................
|
_______________________________
|
Form LRA 40
|
(r. 56 (3))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
Date Received...........................
|
Presentation BookNo..................
|
Official Fees PaidKshs
|
|
APPLICATION FOR REGISTRATION AS PROPRIETOR JOINTLY WITH OTHER PERSONAL REPRESENTATIVE(S)
|
|
TITLE NUMBER: ................................
|
|
Date of Application:
|
|
|
Applicant(s )
|
1. Name:..........................................Address:......................................ID/Passport/No.......................
|
|
Joint Proprietor(s) on theRegister
|
1. Name:..........................................2. Name:..........................................
|
| 1. |
The Applicant (s) being the Personal Representatives HEREBY APPLIES to the Land Registrar to be registered as proprietor(s) jointly with the other Personal Representatives of the above-mentioned property.
|
| 2. |
The Applicant(s) HEREBY PRODUCES for registration by the Land Registrar a certified copy of the Grant of Letters of Adminishation or Grant of Probate.
EXECUTION:
LAND REGISTRAR
Name:
Signature:
|
_______________________________
|
Form LRA 41
|
(r. 56 (4))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
NOTIFICATION BY REGISTRAR TO PERSONAL REPRESENTATIVE OF AN APPLICATION FOR REGISTRATION AS A PROPRIETOR JOINTLY WITH OTHER PERSONAL REPRESENATATIVES
|
|
TITLE NUMBER: .................................................
|
|
Date of Application
|
|
|
Applicant:
|
Give full name(s)
|
|
ID/Passport/CompanyRegistration No. ofApplicant (if any)
|
|
|
Personal Representative to beNotified:
|
l. Give full name(s) and company's registration number, if any2.3.* Notice to be served on each of the Personal Representative
|
The Land Registrar upon receiving an application for registration of the Applicant as proprietor jointly with other personal representatives HEREBY NOTIFIES the Personal Representatives of the application.
Dated this.................. day of................. 20...........
LAND REGISTRAR
Name:................................... Registrar's Stamp/No.................
Signature: ...........................................................
.......................................................................
_______________________________
|
Form LRA 42
|
(r. 57 (1))
|
|
(Heading as in Form LRA-1)
|
|
Date Received........................
|
Presentation BookNo...............................
|
Official Fees PaidKshs.
|
|
TRANSFER BY PERSONAL REPRESENTATIVE TO PERSON ENTITLED UNDER A WILL OR ON AN INTESTACY
|
|
TITLE NUMBER: ................................
|
|
Date
|
|
|
DeceasedProorietor
|
*
|
|
Date of Grant of Will/Letters of Administration
|
|
|
Date of Confirmation
|
|
|
Transferor as PersonalRepresentative of the Estate of the Deceased
|
|
|
Transferee(s) asPerson Entitled under the Estate of the Deceased
|
|
| 1. |
The Transferor(s) as Personal Representative(s) of the above noted Deceased HEREBY TRANSFER(S) the interest of the Deceased in the above Title.
|
| 2. |
The Transfer is subject to the following:
| (a) |
The provisions of The Land Registration Act, 2012 (No. 3 of 2012) and The Land Act, 2012 (No. 6 of 2012);
|
| (b) |
The interests noted in the Register of the Title.
|
|
| 3. |
The Transfer is also subject to the following additional provisions, if any:
|
| 4. |
The Transferee(s) declare that they shall hold the land as joint proprietors/as proprietors in common* in the following undivided shares:—
IN WITNESS the Transferor and the Transferee have signed this Transfer as a deed.
EXECUTION
REGISTERED and SEALED this ........... day of .................. 20 ..........
Seal ...............................
LAND REGISTRAR
Name: ............................ Registrar's Stamp / No ................
Signature: .........................
DRAWN BY:
Notes:
* Insert full name(s) regisffation number(s) registered office and address, as applicable.
** Insert currency, amount and other consideration where applicable.
***Delete whichever is not applicable.
****The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
|
_______________________________
|
Form LRA 43
|
(r. 58 (1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
Date Received........................
|
Presentation BookNo...............................
|
Official Fees PaidKshs.
|
|
TRANSFER BY PERSONAL REPRESENTATIVE TO PURCHASER
|
|
TITLE NUMBER: ................................
|
|
Date
|
|
|
Deceased Proprietor
|
*
|
|
Date of Grant of Will/Letters of Administration
|
|
|
Date of Confirmation
|
|
|
Transferor as Personal Representative of the Estate of the Deceased
|
|
|
Transferee(s) as Purchaser
|
*
|
| 1. |
The Transferor(s) as Personal Representative(s) of the above noted Deceased HEREBY TRANSFER(S) the interest of the Deceased in the above Title.
|
| 2. |
The Transfer is subject to the following:
| (a) |
The provisions of The Land Registration Act, 2012 (No. 3 of 2012) and The Land Act, 20l2 (No. 6 of 2012);
|
| (b) |
The interests noted in the Register of the Title.
|
|
| 3. |
The Transfer is also subject to the following additional provisions, if any:
|
| 4. |
The Transferee(s) declare that he/she/they shall hold the land as joint proprietors/as proprietors in common* in the following undivided shares:—
IN WITNESS the Transferor and the Transferee have signed this Transfer as a deed.
EXECUTION
REGISTERED and SEALED this ............. day of ....................... 20 .....................
Seal .....................................................
LAND REGISTRAR
Name: ..................................... Registrar's Stamp / No............................
Signature:
DRAWN BY:
Notes:
* Insert full name(s) registration number(s) registered office and address, as applicable.
** lnsert crurency, amount and other consideration where applicable.
***Delete whichever is not applicable.
****The person affesting the sigrrature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
|
_______________________________
|
Form LRA 44
|
(r. 59 (1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
Date Received........................
|
Presentation BookNo. ..............................
|
Official Fees PaidKshs.
|
|
TRANSFER BY TRUSTEE IN BANKRUPTCY
|
|
TITLE NUMBER: ................................
|
|
Date of Application
|
|
|
The Applicant:
|
Give full name(s)
|
|
ID/Passport/Company Registration No. of the Trustee (if any)
|
|
|
Name of Proprietor/Bankrupt
|
|
|
Date of Court Order
|
|
The Applicant HEREBY APPLIES to be registered as Trustee in Bankruptcy in respect of the above noted land.
In support of this Application, the Applicant attaches a certified rrue copy of the court Order and supporting documents.
EXECUTION:
_______________________________
|
Form LRA 45
|
(r. 59(2)(b))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
Date Received...............................
|
Presentation BookNo.............
|
Official Fees PaidKshs.
|
|
TRANSFER BY TRUSTEE ON BANKRUPTCY
|
|
TITLE NUMBER: ................................
|
|
Date
|
|
|
Transferor(s) Trustee in Bankruptcy
|
|
|
Transferee(s)
|
*
|
| 1. |
The Transferor(s) HEREBY TRANSFER(S) the interest of the Adjudged Bankrupt in the above Title.
|
| 2. |
The Transfer is subject to the following:
| (a) |
The provisions of The Land Registration Act, 2012 (No. 3 of 2012) and The Land Act, 2012 (No. 6 of 2012);
|
| (b) |
The interests noted in the Register of the Title.
|
|
| 3. |
The Transfer is also subject to the following additional provisions, if any:
|
| 4. |
The Transferee(s) declare that they shall hold the land as joint proprietors/as proprietors in common* in the following undivided shares:—
IN WITNESS the Transferor and the Transferee have signed this Transfer as a deed.
EXECUTION:
REGISTERED And SEALED this ..................... day of ............................ 20 ...............
LAND REGISTRAR Seal ........................................................
Name: ................................ Registrar's Stamp / No. ..................
Signature: ............................................
DRAWN BY:
Notes:
* Insert full name(s) registration number(s) registered office and address, as applicable.
**Insert currency, amount and other consideration where applicable.
***Delete whichever is not applicable.
****The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
|
_______________________________
|
Form LRA 46
|
(r. 60 (1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
Date Received...............................
|
Presentation BookNo..................................
|
Official Fees PaidKshs.
|
|
APPLICATION BY A LIQUIDATOR TO BE NOTED IN THE REGISTER
|
|
TITLE NUMBER: ................................
|
|
Date of Application
|
|
|
The registeredProprietor:
|
Give full name(s) and the registered number, if any
|
|
The Applicant /Liquidator:
|
Give full name(s)
|
The Applicant, the Liquidator of the above named Proprietor Company HEREBY APPLIES to the Land Registrar to be noted in the Register as proprietor of the abovemotioned Title.
In support of this Application, the Applicant attaches a sealed copy of Court Order/resolution duly certified by the Company Secretary or (in case of a foreign company) a notary public*, a Statutory Declaration and Supporting Documents.
EXECUTION:
REGISTERED and SEALED this .................... day of ...................... 20 ..................
Seal ...................................................
LAND REGISTRAR
Name: ............................. Registrar's Stamp/No................................
Signature: ...........................................................
DRAWN BY:
* Delete where inapplicable
_______________________________
|
Form LRA 47
|
(r. 60(2)(b)(ii), 63(2)(c))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
GENERAL FORM OF STATUTORY DECLARATION
|
I, ......................................(in support of this Application) do hereby sincerely declare as follows:—
........................................................................................................
.........................................................................................................
I make this declaration conscientiously believing the same to be true and according to the Oaths and Statutory Declaration Act.
_______________________________
|
Form LRA 48
|
(r. 59 (3))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
TRANSFER OF LAND BY A LIQUIDATOR
|
|
TITLE NO: .....................................................
|
|
Date
|
|
|
Transferor(s)(Liquidator)
|
*
|
|
Transferee(s)
|
*
|
|
Consideration
|
** The Sum of:((Receipt is hereby acknowledged by the Transferor(s)
|
|
|
Other
|
This TRANSFER witnesses as follows:-
| 1. |
The Transferor HEREBY TRANSFERS to the Transferee the Transferor(s) right title and interest in the above Title.
|
| 2. |
The Transfer is subject to the following:
| (a) |
The provisions of The Land Registration Act (No. 3 of 2012) and The Land Act (No. 6 of 2012);
|
| (b) |
The interests nored in rhe Register of the Title.
|
|
| 3. |
The Transfer is also subject to the following additional provisions, (if any).
|
| 4. |
The Transferee(s) shall hold the land comprised in the Title as joint proprietors/as proprietors in common*** in the following undivided shares:—
IN WITNESS the Transferor and the Transferee have signed this Transfer as a deed.
EXECUTION
REGISTERED and SEALED this ...................... day of ........................ 20 .................
LAND REGISTRAR Seal ........................................................
Name: ................................... Registrar's Stamp/No. ......................
Signature: ......................................................
DRAWN BY:
Notes:
* Insert full name(s) registration number(s) registered office and address, as applicable.
** Insert currency, amount and other consideration where applicable.
***Delete whichever is not applicable.
****The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
|
_______________________________
|
Form LRA 49
|
(r. 61 (1))
|
|
(Heading as in Form LRA-1)
|
|
TRANSFER BY COMPANIES AND LIMITED LIABILITY PARTNERSHIPS
|
|
TITLE NO: .....................................................
|
|
Date
|
|
|
Transferor (s)
|
*
|
|
Transferee(s)
|
*
|
|
Consideration
|
**
|
This TRANSFER witnesses as follows;
| 1. |
The Transferor as the legal [and beneficial] *** owner HEREBY TRANSFERS all its right title and interest in the above Title.
|
| 2. |
The Transferor acknowledges receipt of the Consideration.
|
| 3. |
The Transfer is subject to the provisions of The Land Act 2012,The Land Registration Act 2012, the Lease and the interests noted in the Register of the Title but otherwise free from encumbrances.
|
| 4. |
The Transferee(s) shall hold the land as joint proprietors/as proprietors in common *** in the following undivided shares:-
EXECUTION:
SEALED with the Common Seal of the Transferor)
in the presence of:-)
REGISTERED and SEALED this .................. day of .......................... 20 ....................
LAND REGISTRAR Seal ............................................................
Name: .................................... Registrar's Stamp/ No..........................
Signature: .............................
Notes:
*lnsert full name(s) registration number(s) registered office and address, as applicable.
** lnsert currency, amount and other consideration.
***Delete whichever is not applicable.
****The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
|
_______________________________
|
Form LRA 50
|
(r. 62 (1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
APPLICATION TO BE REGISTERED AS PROPRIETOR BY TRANSMISSION
|
|
TITLE NO: .....................................................
|
|
Date
|
|
|
Deceased Proprietor
|
*
|
|
Date of Grant of Will/Letters of Administration
|
|
|
Date of Confirmation
|
|
|
Transferor as Personal Representative of the Estate of the Deceased
|
|
|
Transferee(s) as Person Entitled under the Estate of the Deceased
|
*
|
| 1. |
The Transferor(s) as Personal Representative(s) and beneficiary of the above noted Deceased HEREBY TRANSFER(S) the interest of the Deceased in the above Title.
|
| 2. |
The Transfer is subject to the following:
| (a) |
The provisions of The Land Registration Act (No. 3 of 2012) and The Land Act (No. 6 of 2012);
|
| (b) |
The interests noted in the Register of the Title.
|
|
| 3. |
The Transfer is also subject to the following additional provisions,( if any):
|
| 4. |
The Transferee(s) declare that they shall hold the land as joint proprietors/as proprietors in common* in the following undivided shares:-
lN WITNESS WHEREOF the Transferor and the Transferee have signed this Transfer as a deed.
EXECUTION
REGISTERED and SEALED this ........... day of ....................... 20 .........
LAND REGISTRAR
Seal .....................................
Name: .......................... Registrar's Stamp/No. ..............
Signature: ..........................................
DRAWN BY:
Notes:
* Insert full name(s) registration number(s) registered office and address, as applicable.
** Insert currency, amount and other consideration where applicable.
*** Delete whichever is not applicable.
**** The person attesting the signature must authenticate the coloured passport size photograph, National lD Number and Tax PIN Number."
|
_______________________________
|
Form LRA 51
|
(r. 64 (1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
APPLICATION TO BE REGISTERED AS A TRUSTEE
|
|
TITLE NUMBER: .....................................................
|
|
Date of Application
|
|
|
The Applicant:
|
Give full name(s) and if corporate the registration number, if any
|
The Applicant HEREBY APPLIES to be registered as Trustee
for ............................. in respect of the above noted land.
EXECUTION:
REGISTERED and SEALED this ................... day of ........................ 20 .................
LAND REGISTRAR Seal .................................
Name: ............................ Registrar's Stamp / No. ........................
Signature: ...............................................
DRAWN BY:
_______________________________
|
Form LRA 52
|
(r. 66)
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
TRANSFER OF LAND BY A TRUSTEE
|
|
TITLE NO: .....................................................
|
|
Date
|
|
|
Transferor (s)(Trustee)
|
*
|
|
Transferee(s)
|
*
|
|
Consideration
|
** The Sum of:
((Receipt is hereby acknowledged by the Transferor(s))
|
|
Other:
|
This TRANSFER witnesses as follows:—
| 1. |
The Transferor HEREBY TRANSFERS to the Transferee the Transfero(s) right title and interest in the above Title.
|
| 2. |
The Transfer is subject to the following:
| (a) |
The provisions of The Land Registration Act (No. 3 of 2012) and The Land Act (No. 6 of 2012);
|
| (b) |
The interests noted in the Register of the Title.
|
|
| 3. |
The Transfer is also subject to the following additional provisions, if any:
|
| 4. |
The Transferee(s) shall hold the land comprised in the Title as joint proprietors/as proprietors in common*** in the following undivided shares:-
IN WITNESS WHEREOF the Transferor and the Transferee have signed this Transfer as a deed.
EXECUTION:
|
SIGNED as a deed by the Transferor in thepresence of:................................................Name and signature of person cerlifying
|
|
|
|
REGISTERED and SEALED this ................... day of .................. 20 ..................
LAND REGISTRAR Seal ............................................................
Name: ................................. Registrar's Stamp / No. ......................
Signature: ..........................................
DRAWN BY:
Notes:
* Insert full name(s) registration number(s) registered office and address, as applicable.
** Insert crurency, amount and other consideration where applicable.
***Delete whichever is not applicable.
****The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
|
_______________________________
|
Form LRA 53
|
(r. 67(1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
CHARGE
|
|
TITLE NUMBER: .....................................................
|
|
Date of Issue:
|
|
|
The Chargor:
|
Give full name(s) and if corporate the registration number, if any
|
|
The Chargee:
|
Give full name(s) and company's registration number, if any
|
|
Principal Amount:
|
|
|
Borrower
|
Include where lending is to secure a third party. Give full name(s) and if corporate the registration number, if any
|
|
Supplemental /Collateral to debenture (delete as appropriate)
|
Insert details of: the principal instrument(s); amount secured; duty paid and; stamp duty receipt number.
|
THIS CHARGE witnesses as follows:
| 1. |
The Chargor as legal and or beneficial owner HEREBY CHARGES to the Chargee the interest of the Chargor in the above Title as [a continuing security/term loan security] for the payment and discharge in full of all monies, obligations and liabilities covenanted to be paid or discharged or otherwise secured by this Charge.
|
| 2. |
The Chargor hereby authorises the Bank and its agents to register the security created by this Charge in accordance with the provisions of the Land Act, 2012 and the Land Registration Act, 2012 to the satisfaction of the Chargee.
Insert Additional Provisions as required by the low and the contract between the parties.
|
Acknowledgement of Effect of Section 90 of the Land Act, 2012Pursuant to the provisions of section 56 of the Land Registration Act, 2012, we, the Chargor hereby acknowledge that we understand the effect of Section 90 of the Land Act, 2012 and the chargee's remedies under this Charge. This acknowledgement is signed on behalf of the Chargor by the persons witnessing the affixing of the Common Seal of the Chargor to this Charge....................................................Director...................................................Director/Secretary...................................................Attorneys' signatures
|
IN WITNESS WHEREOF this Charge has been duly executed.
Execution
|
All parties including the Boruower(s) must execute.Sealed with the Common Seal of theChargor in the presence of:...........................Director.............................Director/Secretary........................................Advocate
|
Common Seal
|
|
Verification of execution pursuant to Section 45 of the Land Registration Act
|
|
I CERTIFY that .................................................... and ............................. being the persons witnessing the affixing of the Common Seal of the Chargor appeared before me on......................... and being known to me/being identified by................... of......................... freely and voluntarily executed this instrument.
|
|
.......................................................................Name and signature of person certifying
|
|
SIGNED by the duly authorised attorneys of the Chargee under and by virtue of Powers of Attorney registered at the District Lands Registry as number ................. and..................... and at the Registry of Documents at Nairobi as Number.......................... and........................ respectively in the presence of
|
|
..................................................................Signature of bank official as witness
|
|
Certificate of Verification under Section 45 of the Land Registration Act
|
|
I CERTIFY that .................................................... and ............................. being the duly constituted attorney(s) of the Bank appeared before me on............................ and being known to me/being identified by........................ of.............................. acknowledged the above signature or mark to be his/hers/theirs and that he/she/they had freely and voluntarily executed this instrument and understood its contents.
|
|
....................................................................................Name and signature of person certifying
|
REGISTERED this .................. day of ............................ 20 ................
ENTRY in Encumbrances Section Number: ....................................
Seal .........................................................
LAND REGISTRAR
Name: ................................... Registrar's Stamp/No. ..........................
Signature: .....................................
DRAWN BY:
Notes:
* Provide full name(s) and registered number Delete whichever is not applicable.
**The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number.
*** Attach a survey plan.
|
_______________________________
|
Form LRA 54
|
(r. 67(2))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
INFORMAL CHARGE
|
|
TITLE NUMBER: .......................................
|
|
Date of Charge:
|
|
|
The Chargor:
|
Give full name(s) and if corporate the registration number, if any
|
|
The Chargee:
|
Give full name(s) and company's registration number, if any
|
|
Principal Amount:
|
|
|
Borrower
|
Include where lending is to secure a third party. Give full name(s) and if corporate the registration number, if any
|
|
Supplemental /Collateral to debenture
|
Insert details of the principal instrument(s); amount secured; duty paid and; stamp duty receipt number.
|
|
DocumentsDeposited with theChargee
|
|
THIS CHARGE witnesses as follows:
| 1. |
The Chargor as legal and or beneficial owner HEREBY CHARGES to the Chargee by way of Informal Charge the interest of the Chargor in the above Title as [a continuing security/term loan security] for the payment and discharge in full of all monies, obligations and liabilities covenanted to be paid or discharged or otherwise secured by this Charge.
|
| 2. |
The Chargor hereby authorises the Chargee and its agents to register the security created by this Charge in accordance with the provisions of the Land Act, 2012 and the Land Regisfration Act, 2012 to the satisfaction of the Chargee.
Insert Additional Provisions as required by the law and the contract between the parties.
|
Acknowledgement of Effect of Section 90 of the Land Act, 2012Pursuant to the provisions of section 56 of the Land Registration Act, 2012, we, the Chargor hereby acknowledge that we understand the effect of Section 90 of the Land Act, 2012 and the chargee's remedies under this Charge. This acknowledgement is signed on behalf of the Chargor by the persons witnessing the affixing of the Common Seal of the Chargor to this Charge....................................................Director...................................................Director/Secretary...................................................Attorneys' signatures
|
IN WITNESS WHEREOF this Charge has been duly executed.
Execution
All parties including the Borrower(s) must execute.
|
Sealed with the Common Seal of the Chargee in thepresence of:...........................Director.............................Director/Secretary........................................Advocate
|
Common Seal
|
|
Certificate of Verification under Section 45 of the Land Registration Act
|
|
I CERTIFY that .................................................... and ............................. being the persons witnessing the affixing of the Common Seal of the Chargor appeared before me on ......................... and being known to me/being identified by................... of ......................... freely and voluntarily executed this instrument.
|
|
.......................................................................Name and signature of person certifying
|
|
SIGNED by the duly authorised attorneys of the Chargee under and by virtue of Powers of Attorney registered at the District Lands Registry as number ................. and..................... and at the Registry of Documents at Nairobi as Number.......................... and........................ respectively in the presence of
|
|
..................................................................Signature of bank official as witness
|
|
Certificate of Verification under Section 45 of the Land Registration Act
|
|
I CERTIFY that .................................................... and ............................. being the duly constituted attorney(s) of the Bank appeared before me on............................ and being known to me/being identified by........................ of.............................. acknowledged the above signature or mark to be his/hers/theirs and that he/she/they had freely and voluntarily executed this instrument and understood its contents.
|
|
....................................................................................Name and signature of person certifying
|
REGISTERED this ..................... day of ....................... 20 .....................
ENTRY in Encumbrances Section Number: ......................................
Seal ...........................................................
LAND REGISTRAR
Name: ................................ Registrar's Stamp/No.............................
Signature: .....................................................
DRAWN BY:
Notes:
*Provide full name(s) and registered number Delete whichever is not applicable.
**The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number.
*** Attach a survey plan.
|
_______________________________
|
Form LRA 55
|
(r. 69, 70(2)(c))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
CONSENT FOR SECOND OR SUBSEQUENT CHARGE
|
|
TITLE NUMBER: .......................................
|
|
Date
|
|
|
The Chargo(s)
|
Give full name(s) and if corporate the registered number, if any
|
|
The Chargee
|
|
| 1. |
The above named Chargee in respect of the Charge dated .................... and registered as Entry Number ................ of the property comprised in the above note Title HEREBY CONSENT to a Second or Subsequent Charge* over the Charged land to.........................;**
|
| 2. |
The Second or Subsequent Charge shall in point of security nand in relation to the Charge rank as follows (delete as applicable):-
* Delete whatever not applicable
**Give the full name and address of the second or subsequent charge(s)
IN WITNESS WHEROF the Chargee has signed this Consent as a deed.
EXECUTION:
|
Sealed with the Common Seal of the Chargee in the presence of:...........................Director.............................Director/Secretary
|
Common Seal
|
|
........................................Advocate
|
|
|
Certificate of Verification under Section 45 of the Land Registration Act
|
|
I CERTIFY that .................................................... and ............................. being the persons witnessing the affixing of the Common Seal of the Chargor appeared before me on......................... and being known to me/being identified by................... of......................... freely and voluntarily executed this instrument.
|
|
.......................................................................Name and signature of person certifying
|
|
SIGNED by the duly authorised attorneys of the Chargee under and by virtue of Powers of Attorney registered at the District Lands Registry as number ................. and..................... and at the Registry of Documents at Nairobi as Number.......................... and........................ respectively in the presence of
|
|
..................................................................Signature of bank official as witness
|
|
Certificate of Verification under Section 45 of the Land Registration Act
|
|
I CERTIFY that .................................................... and ............................. being the duly constituted attorney(s) of the Bank appeared before me on............................ and being known to me/being identified by........................ of.............................. acknowledged the above signature or mark to be his/hers/theirs and that he/she/they had freely and voluntarily executed this instrument and understood its contents.
|
|
....................................................................................Name and signature of person certifying
|
REGISTERED this ............... day of ....................... 20 .......
ENTRY in Encumberances Section Number: .............
Seal ................................
LAND REGISTRAR
Name:................ Registrar's Stamp / No............
Signature:.............................
DRAWN BY:
[ . ]
|
_______________________________
|
Form LRA 56
|
(r. 72)
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
MEMORANDUM OF VARIATION OF CHARGE
|
|
TITLE NUMBER: ...........................................
|
|
Date of Issue:
|
|
|
Date of Charge(s)
|
|
|
Charge(s) Registered in the Register as EntryNumber(s)
|
|
|
The Chargor:
|
Give full name(s) and if corporate the registration number, if any
|
|
The Chargee:
|
Give full name(s) and company's registration number, if any
|
|
Borrower
|
Include where lending is to secure a third party. Give full name(s) and if corporate the registration number, if any
|
The Charge(s) is HEREBY VARIED as follows:-
| (a) |
...............................................................;
|
| (b) |
...............................................................;
|
| (c) |
...............................................................;
|
| (d) |
...............................................................;
|
IN WITNESS WHEREOF this Memorandum of variation of charge has been duly executed as a deed.
EXECUTION
All parties including the Borrower(s) must execute.
|
Sealed with the Common Seal of the Chargor in the presence of:...........................Director.............................Director/Secretary
|
Common Seal
|
|
........................................Advocate
|
|
|
Certificate of Verification under Section 45 of the Land Registration Act, 2012
|
|
I CERTIFY that .................................................... and ............................. being the persons witnessing the affixing of the Common Seal of the Chargor appeared before me on......................... and being known to me/being identified by................... of......................... freely and voluntarily executed this instrument.
|
|
.......................................................................Name and signature of person certifying
|
|
Signed by the duly authorised attorneys of the Chargee under and by virtue of Powers of Attorney registered at the District Lands Registry as number ................. and..................... and at the registry of Documents at Nairobi as Number.......................... and........................ respectively in the presence of.................................................................Signature of bank official as witness.
|
|
Verification of execution pursuant to Section 45 of the Land Registration Act, 2012
|
|
I CERTIFY that .................................................... and ............................. being the duly constituted attorney(s) of the Bank appeared before me on............................ and being known to me/being identified by........................ of.............................. acknowledged the above signature or mark to be his/hers/theirs and that he/she/they had freely and voluntarily executed this instrument and understood its contents....................................................................................Name and signature of person certifying
|
REGISTERED this ................ day of .................. 20 ............
ENTRY in Emcumbrances Section Number: .................
|
|
Seal ...........................................
|
LAND REGISTRAR
Name: ........................... Registrar's Stamp / No ...........
Signature: ..................
DRAWN BY
Notes:
* Provide full name(s) and registered number Delete whichever is not applicable.
**The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number.
*** Attach a survey plan.
_______________________________
|
Form LRA 57
|
(r. 73)
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
TRANSFER OF CHARGE
|
|
TITLE NUMBER: ...........................................
|
|
Date of this Transfer:
|
|
|
Date of Charge(s)
|
|
|
Charge(s) Registered in the Register as EntryNumber(s)
|
|
|
Transferor:
|
Give full name(s) and if corporate the registration number, if any
|
|
Transferee:
|
Give full name(s) and company's registration number, if any
|
|
Chargor
|
Give full name(s) and company's registration number, if any
|
|
Consideration for the Transfer
|
** The Sum of:...............................................(Receipt is hereby acknowledged by the Transferor)
|
|
Other:
|
|
The Principal AmountSecured Under the Charge
|
|
|
Outstanding Amount asconfirmed by the Chargor*
|
|
| 1. |
The Transferor being the Chargee of the Charge(s) registered as above in the Encumbrances Section of the Register of the above-mentioned Title HEREBY TRANSFERS to the Transferee the interest of the Transferor in the Charge(s).
|
| 2. |
The Chargor confirms the outstanding amount as set out above*.
|
| 3. |
Additional Conditions for the Transfer if any:
IN WITNESS WHEREOF the Transferor and the Transferee (and the Chargor) have signed this Transfer as a deed.
EXECUTION:
REGISTERED and SEALED this .................. day of .............................. 20 ..........................
LAND REGISTRAR Seal ..............................
Name: .............................. Registrar's Stamp/No. .........................
Signature: ................................................
DRAWN BY:
Notes:
*where the Chargor is made a party
*Delete whichever is not applicable.
**The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
|
_______________________________
|
Form LRA 58
|
(r. 74(1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
DISCHARGE OF CHARGE
|
|
TITLE NUMBER: .........................................
|
|
Date of Discharge:
|
|
|
Date of Registration of Charge(s) and EntryNumber
|
|
|
The Chargor:
|
Give full name(s) and if corporate the registration number, if any
|
|
The Chargee:
|
Give full name(s) and company's registration number, if any
|
|
The Principal Amount Secured Under theCharge(s)
|
|
The amounts secured under the Charge(s) having been paid or being otherwise secured the chargee HEREBY DISCHARGES the Charge(s) shown as entry number(s) ........................ in the Encumbrances Section of the register of the above-mentioned Title wholly.
IN WITNESS WHEREOF this discharge has been duly executed as a deed the date and year mentioned above.
EXECUTION:
|
Sealed with the Common Seal of the Chargee in the presence of:...........................Director.............................Director/Secretary
|
Common Seal
|
|
........................................Advocate
|
|
|
Certificate of Verification under Section 45 of the Land Registration Act
|
|
I CERTIFY that .................................................... and ............................. being the persons witnessing the affixing of the Common Seal of the Chargor appeared before me on......................... and being known to me/being identified by................... of......................... freely and voluntarily executed this instrument.
|
|
.......................................................................Name and signature of person certifying
|
|
SIGNED by the duly authorised attorneys of the Chargee under and by virtue of Powers of Attorney registered at the District Lands Registry as number ................. and..................... and at the Registry of Documents at Nairobi as Number.......................... and........................ respectively in the presence of
|
|
..................................................................Signature of bank official as witness
|
|
Certificate of Verification under Section 45 of the Land Registration Act
|
|
I CERTIFY that .................................................... and ............................. being the duly constituted attorney(s) of the Bank appeared before me on............................ and being known to me/being identified by........................ of.............................. acknowledged the above signature or mark to be his/hers/theirs and that he/she/they had freely and voluntarily executed this instrument and understood its contents.
|
|
....................................................................................Name and signature of person certifying
|
REGISTERED this............................ day of............................. 20......................
ENTRY in Encumbrances Section Number:..............................................
LAND REGISTRAR Seal................................................................
Name:..................................... Registrar's Stamp/No ...........................
Signature:................................................
DRAWN BY:
_______________________________
|
Form LRA 59
|
(r. 74(2))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
PARTIAL DISCHARGE OF CHARGE
|
|
TITLE NUMBER: .........................................
|
|
Date of Discharge:
|
|
|
Date of Registration ofCharge(s) and entryNumber
|
|
|
The Chargor:
|
Give full name(s) and if corporate the registration number, if any
|
|
The Chargee:
|
Give full name(s) and company's registration number, if any
|
|
The Principal Amount Secured Under the Charge
|
|
|
Property Released from Charge
|
|
| 1. |
The amounts secured under the Charge(s) being otherwise secured the Chargee HEREBY DISCHARGES the Charge(s) shown as entry number(s) ....................... in the Encumbrances Section of the register of the above-mentioned Title wholly.
OR
The Chargee HEREBY DISCHARGES the Charge(s) shown as entry number(s) ..... in the Encumbrances Section of the register in the above-mentioned
Title in relation to [....................].
|
| 2. |
This is a Partial Discharge.
EXECUTION
IN WITNESS WHEREOF this partial discharge has been duly executed as a deed the day and year mentioned above.
|
SIGNED AND SEALED by the duly authorisedattorney(ies) of the Chargee under and by virtue of Powers of Attorney registered at the ................... Lands registry as number .......... and and at the registry of Documents at ................ as Number................... and............................... respectively in the presence of:—............................................Name and signature of person certifying
|
.........................................................Attorney(s) signature(s)
|
|
Verification of execution pursuant to Section 45 of the Land Registration Act
|
|
I CERTIFY that ................................ and ......................... being the duly constituted attorney(ies) of the Chargee appeared before me on........................ and being known to me/being identified by............................ of........................... acknowledged the above signature or mark to be his/hers/theirs and that he/she/they had freely and voluntarily executed this instrument and understood its contents.
|
|
.........................................................................Name and signature of person certifying
|
REGISTERED this ................. day of ............................. 20 .................
ENTRY in Encumbrances Section Number: ...........................
Seal ...............................
LAND REGISTRAR
Name: ........................... Registrar's Stamp / No. ...........
Signature: ..........................................
DRAWN BY:
|
_______________________________
|
Form LRA 60
|
(r. 75 (1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
TRANSFER PURSUANT TO PURCHASE BY CHARGEE WITH LEAYE OF COURT
|
|
TITLE NUMBER: .........................................
|
|
Date of this Transfer:
|
|
|
Date of Charge(s)
|
|
|
Charge(s) Registered in the Register as Entry Number(s):
|
|
|
Chargee (as Transferor)
|
Give full name(s) and if corporate the registered number, if any
|
|
Transferee (being the Chargee)
|
Give full name(s) and company's registered number, if any
|
|
Chargor
|
Give full name(s) and company's registered number, if any
|
|
Court Order
|
Case No:.Parties:Date of Order:
|
|
Consideration for the Transfer
|
** The Sum of
|
| 1. |
The Chargee in exercise of its power of sale and with the leave of the Court HEREBY TRANSFERS to the Transferee (being the chargee) the interest comprised in the above Title;
|
| 2. |
The Transfer is subject to the following:
| (a) |
The provisions of The Land Registration Act and The Land Act;
|
| (b) |
The interests noted in the Register of the Title;
BUT otherwise free of the Charge(s)
|
|
| 3. |
The Transfer is also subject to the following additional provisions, if any:
|
| 4. |
The Transferee(s) shall hold the land comprised in the Title as joint proprietors/as proprietors in common*** in the following undivided shares:-
IN WITNESS the Chargee (as Transferor) and the Transferee (being the chargee) have signed this Transfer as a deed.
EXECUTION:
REGISTERED and SEALED this ................ day of ..................... 20 ....................
LAND REGISTRAR Seal ...................................................
Name ........................ Registrar's Stamp/No...........................
Signature:............................
DRAWN BY:
Notes:
*Delete whichever is not applicable.
**The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
|
_______________________________
|
Form LRA 61
|
(r. 75 (3))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
TRANSFER PURSUANT TO PURCHASE BY CHARGEE IN A PUBLIC AUCTION
|
|
TITLE NUMBER: .........................................
|
|
Date of this Transfer:
|
|
|
Date of Charge(s)
|
|
|
Charge(s) Registered in the Register as Entry Number(s):
|
|
|
Date of Auction
|
|
|
Chargee (as Transferor)
|
Give full name(s) and if corporate the registered number, if any
|
|
Transferee (being the Chargee)
|
Give full name(s) and company's registered number, if any
|
|
Chargor
|
Give full name(s) and company's registered number, if any
|
|
Consideration for the Transfer
|
** The Sum of:
|
| 1. |
The Chargee in exercise of its power of sale and pursuant to a public auction HEREBY TRANSFERS to the Transferee (being the Chargee) the interest comprised in the above Title;
|
| 2. |
The Transfer is subject to the following:
| (a) |
The provisions of The Land Registration Act and The Land Act;
|
| (b) |
The interests noted in the Register of the Title;
BUT otherwise free of the Charge(s)
|
|
| 3. |
The Transfer is also subject to the following additional provisions, if any:
|
| 4. |
The Transferee(s) shall hold the land comprised in the Title as joint proprietors/as proprietors in common*** in the following undivided shares:-
IN WITNESS the chargee (as Transferor) and the Transferee (being the Transferee)
have signed this Transfer as a deed.
EXECUTION:
REGISTERED and SEALED this day of .........20....
LAND REGISTRAR Seal.....
Name...... ....... Registrar's Stamp/No. ....................
Signature:.....
DRAWN BY:
Notes:
*Delete whichever is not applicable.
**The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
|
_______________________________
|
Form LRA 62
|
(r. 76(1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
LEASE
|
|
TITLE NUMBER: .........................................
|
|
Date of Lease
|
|
|
Lessor
|
|
|
Lessee
|
|
|
Demised Premises
|
(details to include as applicable coordinates of the land, the area of the demised premises and the number of the floor. Provide the survey plan registered as provided in the Act)
|
|
Term
|
|
|
Rent / Stand Premium
|
|
|
Service Charge
|
|
|
Cadastral Plan of the Demised Premises (where applicable)
|
|
|
Sectional Plan(s) of the Demised Premises (whereapplicable)
|
|
THIS LEASE witnesses as follows:
The Lessor as legal and or beneficial owner of the above noted Title HEREBY LEASES to the Lessee the Demised Premises for the Term subject to the payment of the Rent and the Service Charge and subject to the conditions set out in this Lease.
Insert Additional Provisions as required by the law and the contract between the parties including in the case of long term leases provisions on extension of lease and transfer of reversionary interest.
IN WITNESS this Lease has been duly executed as a deed by the parties hereto the day and year mentioned above.
Execution
Person Certifying the Execution
|
Certificate of Verification under Section 45 of the Land Registration act
|
|
I CERTIFY that................................. and................................ being the persons witnessing the affixing of the Common Seal of the Lessor appeared before me on....................... and being known to me/being identified by *............................ of............................ acknowledged the above signatures or marks to be theirs and that they had freely and voluntarily executed this instrument and understood its contents.
|
|
..................................................................................Name and signature of person certifying
|
REGISTERED this .................... day of ................................. 20 ...................
Seal ...............................................
LAND REGISTRAR
Name: ........................... Registrar's Stamp / No...................
Signature:
DRAWN BY:
Notes:
*Delete whichever is not applicable.
**The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
_______________________________
|
Form LRA 63
|
(r. 76(2)(s), 77(2)(g))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
TRANSFER OF LEASE
|
|
TITLE NUMBER: .........................................
|
|
Date of Transfer
|
|
|
Transferor(s)
|
*
|
|
Transferee(s)
|
*
|
|
Consideration
|
**
|
This TRANSFER OF LEASE wirnesses as follows;
| 1. |
The Transferor as the legal [and beneficial] *** owner HEREBY TRANSFERS all his/her/its right title and interest in the above Title.
|
| 2. |
The Transferor acknowledges receipt of the Consideration.
|
| 3. |
The transfer is SUBJECT to the provisions of The Land Act 2012, The Land Registration Act 2012, the Lease and the interests noted in the Register of the Title but otherwise free from encumbrances.
The Transferee(s) shall hold the land asjoint proprietors/as proprietors in common*** in the following undivided shares:-
REGISTERED and SEALED this ..................... day of ......................... 20 ......................
LAND REGISTRAR Seal .............................................
Name: ............................... Registrar's Stamp / No. .......................
Signature: .................................
DRAWN BY:
Notes:
Insert full name(s) registration number(s) registered offtce and address, as applicable.
** Insert currency, amount and other consideration.
*** Delete whichever is not applicable.
****The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number
|
_______________________________
|
Form LRA 64
|
(r. 77 (1))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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LEASE (Long Term)
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TITLE NUMBER: .........................................
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Date of Lease
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Lessor
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Lessee
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Demised Premises
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(Details of the floor where applicable)
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Term
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Rent / Stand Premium
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Service Charge
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Management Company
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(Where applicable give details , Registration particulars and Address of Service in Kenya)
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Cadastral Plan of the Demised Premises (where applicable)
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Sectional Plan(s) of the Demised Premises (where applicable)
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THIS LEASE witnesses as follows:
The Lessor as legal and or beneficial owner of the above noted Title HEREBY LEASES to the Lessee the Demised Premises for the Term subject to the payment of the Rent and the Service Charge and subject to the conditions set out in this Lease.
Insert Additional Provisions as required by the law and the contract between the parties including in the case oflong term leases provisions on extension of lease and transfer of reversionary interest.
IN WITNESS this Lease has been duly executed as a deed by the parties hereto.
Execution
All parties including the Guarantor(s) must execute.
_______________________________
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Form LRA 65
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(r. 78)
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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SURRENDER OF LEASE
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TITLE NUMBER: .........................................
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Date of Surrender of Lease
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Entry No. in the Encumbrances Section
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Lessor
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Lessee
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Demised Premises
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Term
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Guarantor* * (where applicable)
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IN CONSIDERATION of ....................................* (the receipt whereof is hereby acknowledged by the Lessor)* the Lessee HEREBY SURRENDERS the Lease comprised in the above-mentioned Title and the Lessor HEREBY ACCEPTS the said Surrender.
IN WITNESS this Surrender of Lease has been duly executed by the parties hereto.
All parties including the Guarantor(s) must execute.
EXECUTION
IN WITNESS WHEREOF this discharge has been duly executed this ..................... day of ................, 20 ...............
IMAGE BY JKUAT
PGS 2524-2525
REGISTERED this ................... day of ...................... 20 .........
LAND REGISTRAR Seal ..........................................
Name:............................. Registrar's Stamp/No............................
Signature:....................................
DRAWN BY:
Notes:
*Delete whichever is not applicable.
**The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number.
_______________________________
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Form LRA 66
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(r. 79 (2))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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LEADING APPLICATION FOR REGISTRATION OF AN INHIBITION ORDER
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TITLE NUMBER: .........................................
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Date of Application
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The Applicant:
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Give full name(s) ID/Passport number and address, if corporate include the registered number, as well as address for service in Kenya
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Court Order Issued under Case Number
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Give details of the Case Number and parties
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The Applicant HEREBY APPLIES for the registration of the above Court Order issued on the ............ day of ................. 20 ........ in respect of the above mentioned land.
A copy of the Court Order duly sealed is attached.
EXECUTION:
_______________________________
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Form LRA 67
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(r. 80(1))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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CAUTION
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TITLE NUMBER: .........................................
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Date of Caution
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The Cautioner:
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Give full name(s)
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ID/Passport No.Registration No of the Cautioner (if any)
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Address of the Cautioner (within Kenya for service of Notice).
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The Proprietor:
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Give full name(s)
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ID/PassportRegistration No. of the Proprietor (if any)
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PIN Number.
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Citizenship/Place of registration.
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Address of the Proprietor (within Kenya for service of notice).
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Interest Claimed
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Extent or Scope of the Caution(Absolutely/Subject to the Interest of the Cautioner)
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| 1. |
The Cautioner HEREBY APPLIES for registration of a Caution over the above Title to the extent or scope stated above.
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| 2. |
The Cautioner forbid the registration of dealings and the making of entries in the register relating to the Title to the extent or scope of the Caution without the Cautioner's consent until this Caution has been withdrawn by the Cautioner or removed by order of the Court or the Registrar.
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| 3. |
The Cautioner hereby attaches the following documents in support of the application*:-
i. ........................................................................................
ii. ........................................................................................
iii. ......................................................................................
IN WITNESS the Cautioner has signed this Caution.
EXECUTION:
REGISTERED and SEALED this .......... day of ................... 20 ...........
seal ...........................
LAND REGISTRAR
Name:
Signature: (P.T.O)
*Copies of Sale Agreement, Letters of Administration, Letter of Offer etc.
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I, .............................................. (in support ofthis caution) do hereby sincerely declare as follows:—
.....................................................................................................
......................................................................................................
I make this declaration conscientiously believing the same to be true and according to the Oaths and Statutory Declaration Act.
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Declared before me at................................................................on the ............. day of ................ 20 ..............
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)))))))
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....................................................................Signature of Advocate or Land Registrar
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))
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_______________________________
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Form LRA 68
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(r. 80 (3))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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NOTICE OF CAUTION
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TITLE NUMBER:...............................
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Date of Caution
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The Cautioner:
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Give full name(s) and if corporate the registration number, if any
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The Proprietor:
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Give full name(s) and company's registration number, if any
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The Land Registrar HEREBY NOTIFIES the Proprietor of a Caution which has been registered on the Register by the Cautioner claiming ................................ interest on the Title.
Details of the Caution are available from the Land registry on application.
SIGNED by the Land Registrar
LAND REGISTRAR
Name: ........................... Registrar's Stamp / No. ................................
Signature: ...............................................
_______________________________
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Form LRA 69
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(r. 80(a))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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WITHDRAWAL OF CAUTION
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TITLE NUMBER: .........................................
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Date of Instrument of Withdrawal of Caution:
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Date of Caution
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The Cautioner:
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*
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The Proprietor:
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*
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The Cautioner HEREBY APPLIES to withdraw the Caution registered in Entry Number(s) ............................... on theEncumbrances Section of the Register.
EXECUTION
IN WITNESS WHEREOF this withdrawal of caution has been duly executed this ..................... day of ........................... 20 .............
REGISTERED and SEALED this .................. day of ...................... 20 ..................
LAND REGISTRAR Seal .....................................................
Name: ..................................... Registrar's Stamp / No. ...........................
Signature: ...............................................
Notes:
* Give full names ID/Passport No.; PIN and Address
_______________________________
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Form LRA 70
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(r. 80 (5))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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APPLICATION TO REMOVE CAUTION
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TITLE NUMBER: .........................................
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Date of Application
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Date of Caution
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The Applicant:
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*
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The Proprietor:
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*
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| 1. |
The Applicant HEREBY APPLIES to remove the Caution registered in Entry Number(s) ................... on the Encumbrances Section of the Register.
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| 2. |
The grounds for the application are as follows:—
| (a) |
.......................................................................
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| (b) |
.......................................................................
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| (c) |
.......................................................................
(Attach supporting documents as necessary)
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EXECUTION
IN WITNESS WHEREOF this application for removal of caution has been duly executed this .................... day of ......................... 20 ..............
Notes:
*Give full names ID/Passport No.; PIN and Address
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_______________________________
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Form LRA 71
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(r. 80 (6))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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NOTICE OF INTENTION TO REMOVE A CAUTION
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TITLE NUMBER: ..........................................
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Date of Caution
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The Cautioner:
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Give full name(s) and if corporate the registration number, if any
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The Proprietor;
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Give full name(s) and if company's registration number, if any
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The Registrar having received an application to remove a Caution from the Proprietor HEREBY NOTIFIES the Cautioner that the Caution will be removed thirty (30) days from the date of posting this Notice unless the Cautioner submits to the Lands registry and before the expiry of the Notice period a Notice of Objection to Remove the Caution (duly completed Form LRA- 55) .
Dated this .................... day of ........................... 20 ....................
ISSUED by the Registrar
REGISTRAR
Name: ....................................... Registrar's Stamp/No................................
Signature: .....................................
_______________________________
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Form LRA 72
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(r. 80 (7))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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NOTICE OF OBJECTION TO REMOVAL OF A CAUTION
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TITLE NUMBER: .................................
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Date of Application to remove Caution
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Date of Caution:
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The Cautioner:
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Give full name(s) and if corporate the registration number, if any
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The Proprietor/Interested Party:
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Give full name(s) and company's registration number, if any
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The Cautioner HEREBY NOTIFIES the Land Registrar of his/her/its objection to the removal of the Caution registered in Entry Number(s)........................ on the Encumbrances Section of the Register.
EXECUTION
IN WITNESS WHEREOF this notice of objection has been duly executed this........................... day of....................... 20.....................
_______________________________
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Form LRA 73
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(r. 80 (8))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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NOTICE FOR OF HEARING ON APPLICATION TO REMOVE CAUTION
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TITLE NUMBER: ....................
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Date of Hearing
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Date of Caution
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The Cautioner:
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Give full name(s) and if corporate the registration number, if any
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The Proprietor:
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Give full name(s) and company's registration number, if any
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The Land Registrar upon receiving an application to remove a Caution from the Proprietor and following the objection by the cautioner, HEREBY NOTIFIES the Cautioner and the Proprietor of a Hearing to determine the application to be held in the office of the Land Registrar on the ........................ day of .................. 20 ............... at ................. AM/PM. Please bring all the relevant supporting documents (original and copy) and witnesses, if any.
SIGNED:
LAND REGISTRAR
Name: ................................. Registrar's Stamp / No. ....................................
Signature: ....................................................................
_______________________________
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Form LRA 74
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(r. 80 (9))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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ORDER OF THE REGISTRAR ON AN APPLICATION TO REMOVE A CAUTION
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TITLE NUMBER: ....................
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Date of Application
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Date and Entry No. of Caution
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Proprietor
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Applicant
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| 1. |
Upon the expiry of the Notice issued on the .......................... day of .......................... 20 ............., the Registrar has with effect hereof removed the Caution registered as Entry Number....................... on the Property Section of the Register to the Title.
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| 2. |
Pursuant to the hearing held on the ............. day of ........................... 20 .................... the Registrar HEREBY NOTIFIES the Proprietor and the Applicant as follows:
| (a) |
The Registrar has with effect from the date hereof removed/declined to remove (cancel as appropriate) the Caution registered as Entry Number .......................... on the Property Section of the Register to the Title.
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| (b) |
The Registrar does not make orders as to costs/makes the following orders as to costs:—
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| (i) |
...................................................................;
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| (ii) |
....................................................................
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SIGNED by the Land Registrar
LAND REGISTRAR
Name: ...................................... Registrar's Stamp/No. .................................
Signature: ..............................................................
Note:
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_______________________________
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Form LRA 75
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(r. 81 (1))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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APPLICATION FOR A RESTRICTION
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TITLE NUMBER: .........................................
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Date of Application
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Proprietor
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Applicant
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Grounds of Application for Restriction
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Nature of Restriction
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Duration of Restriction
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The Applicant HEREBY APPLIES to the Registrar to register a restriction on the Proprietorship Section of the Register.
EXECUTION:
IN WITNESS WHEREOF this application for a restriction has been duly executed this .................. day of .......................... 20 ....................
_______________________________
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Form LRA 76
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(r. 81 (2), (5))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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NOTICE OF INTENTION TO REGISTER/REMOVE/VARY A RESTRICTION
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TITLE NUMBER: ....................
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Date of Notice
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Proprietor:
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Give full name(s) and company's registration number, if any as per Register
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Interested Party (if any)
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The Registrar HEREBY NOTIFIES the Proprietor and the Interested party (if any) of intention to register a restriction on the register of the above Title prohibiting any further dealings on the following grounds:
| (a) |
.................................................................
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| (b) |
.................................................................
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| (c) |
..................................................................
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You are hereby notified to appear before the Registrar on the ....................... day of .................. 20 .................... at................AMiPM with such documents and,/or representations that you deem necessary to assist in the inquiries in the matter. Please note that the Registrar will make a determination on the matter after the said date.
ISSUED by the Registrar
LAND REGISTRAR
Name: .............................................. Registrar's Stamp / No. ...................................
Signature: ...............................................................
_______________________________
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Form LRA 77
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(r. 81 (3))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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NOTICE OF RESTRICTION
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TITLE NUMBER: ....................
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Date of Restriction
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Proprietor
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Applicant*
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| 1. |
Notice is hereby given that the Registrar has placed a restriction on the above-mentioned title this .................. day of ...................... 20 ..................; OR
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| 2. |
Pursuant to the hearing conducted on the.....................day of...................... 20 ................... the Registrar HEREBY NOTIFIES the Proprietor and the Applicant that after due consideration:
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| 1. |
The Registrar has registered a Restriction on the Register to the Title as follows:-
| (a) |
For a period of ................................; or
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| (b) |
Until ....................................................; or
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| (c) |
Until the making of a further order.
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The Restriction forbids all dealings/the following dealings:
....................................................................
...................................................................
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| 2. |
The Registrar has declined to register a Restriction on the Title.
SIGNED by the Land Registrar
LAND REGISTRAR
Name: ................................. Registrar's Stamp / No. ...............................
Signature: ............................................................
Note:
*where applicable
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_______________________________
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Form LRA 78
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(r. 81 (4))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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APPLICATION TO REMOVE OR VARY A RESTRICTION
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TITLE NUMBER: .........................................
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Date of Application toremove or vary a Restriction
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Date of the Restriction
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Applicant /Person Interested:
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Give full name(s) and d corporate the registration number, if any
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ID/Passport CompanyRegistration No. of Applicant/Person interested (if any)
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The Applicant/Person Interested HEREBY APPLIES to the Land Registrar to vary/remove* the Restriction registered in Entry Number(s) ..... on the Encumbrances Section of the Register on the grounds that:
| 1. |
......................................................
|
| 2. |
.......................................................
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| 3. |
......................................................
* delete where not applicable
IN WITNESS WHEREOF this application for removal/variation of Restriction has been duly executed this .......... day of...... .......... 20....
EXECUTION:
|
_______________________________
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Form LRA 79
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(r. 81 (6))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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NOTICE OF VARIATION/REMOVAL OF RESTRICTION
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TITLE NUMBER: ....................
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Date and Entry No. of Restriction
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Proprietor
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Applicant*
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Pursuant to the hearing held on the..................... day of 20.......................... the Registrar HEREBY NOTIFIES the Proprietor and the Applicant as follows:
| 1. |
The Registrar has with effect from the date hereof varied the Restriction registered as Entry Number ............. on the Property Section of the Register to the Title as follows:—
| (a) |
...........................................................;
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| (b) |
...........................................................; or
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| 2. |
The Registrar has with effect hereof removed the Restriction registered as Entry Number........................... on the Property Section of the Register to the Title.
SIGNED by the Land Registrar
LAND REGISTRAR
Name: ............................... Registrar's Stamp/No. ................................
Signature: ........................................................
Note:
*where applicable
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_______________________________
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Form LRA 80
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(r. 82)
|
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
|
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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GRANT OF EASEMENT/ANALOGOUS RIGHT
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TITLE NUMBER: ........................,
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Date of Instrument
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Proprietor/Grantor
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Grantee
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Nature of Easement/analogous right Granted
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Conditions
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Period of Easement
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land or specific part burdened by the easement
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Dominant Land
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In consideration of ........................................... (receipt whereof is hereby acknowledged by the Grantor) the Grantor HEREBY GRANTS to the Grantee an Easement/analogous right over the above Title in the nature for the period and subject to the conditions stated above.
EXECUTION:
IN WITNESS WHEREOF this grant of easement has been duly executed by the parties herein.
REGISTERED this .................. day of ................... 20 ...............
LAND REGISTRAR
Seal.....................
Name:..................Registrar's Stamp / No..............
Signature:............................
DRAWN BY:
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Date Received.............................
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Presentation BookNo............................
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Official Fees paidKshs.
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Receipt No.
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_______________________________
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Form LRA 81
|
(r. 83)
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
|
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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CANCELLATION OF EASEMENT/ANALOGOUS RIGHTS BY PERSON OCCUPYING DOMINANT LAND
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TITLE NUMBER: .................................
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Date of Easement/ Analogous right
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Dominant Land
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Proprietor of Dominant Land
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The Proprietor(s)/Grantors :
|
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I, .................................. being the person occupying the dominant land DO HEREBY cancel the above easemenUanalogous right granted/created and consent of lessee/lender executed in Form LRA 82 is hereby attached.
EXECUTION:
DRAWN BY:
|
Date Received.............................
|
Presentation BookNo............................
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Official Fees paidKshs.
|
Receipt No.
|
_______________________________
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Form LRA 82
|
(r. 84)
|
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REPUBLIC OF KENYA
|
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THE LAND REGISTRATION ACT
|
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
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CONSENT OF LESSEE OR LENDER ON CANCELLATION OF EASEMENT/ANALOGOUS RIGHT BY THE PERSON OCCUPYING DOMINANT LAND
|
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TITLE NUMBER: ..........................................
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Date of Easement/ Analogous right
|
|
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Dominant Land
|
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Proprietor of Dominant Land
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|
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The Proprietor(s)/Grantors :
|
|
I, ....................... being the lessee/lender for the time being entitled to the benefit from the easement/analogous right in respect to the dominant land do hereby consent to the cancellation of the easemenUanalogous right application made by the person occupying the dominant land.
EXECUTION:
DRAWN BY:
|
Date Received.............................
|
Presentation BookNo............................
|
Official Fees paidKshs.
|
Receipt No.
|
_______________________________
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Form LRA 83
|
(r. 85)
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT (No. 3 of 2012)
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
APPLICATION FOR CANCELLATION OF EASEMENT/ANALOGOUS RIGHTS BY PERSON OCCUPYING SERVIENT LAND
|
|
TITLE NUMBER: ....................................
|
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Date of Easement/ Analogous right
|
|
|
Dominant Land
|
|
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Proprietor of Dominant Land
|
|
|
The Proprietor(s)/Grantors :
|
|
I, ............................. being the person occupying the servient land DO HEREBY cancel the above easementianalogous right granted/created as shown above.
EXECUTION:
DRAWN BY:
_______________________________
|
Form LRA 84
|
(r. 86 (1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
APPLICATION FOR OFFICIAL SEARCH
|
|
TITLE NUMBER: .........................................
|
|
Date of Application
|
|
|
Applicant
|
Name: ............................................ID/Passport No.: ..............................PIN No.:............................................Address:............................................Telephone No:....................................Email address (if any): ........................NB: Application for Searches can be made by Interested Parties or their Agents. For purposes of this document, an agent is any person or firm registered by a professional body.
|
|
Purpose of Search
|
|
|
Scope of Search
|
(a) particulars of the subsisting entries in the register of the above-mentioned title; or(b)Particulars noted on : the Property Section/the Proprietorship Section/Encumbrances Section of theRegister**select as appropriate
|
|
Copy of Documents Requested
|
Please supply a certified copy of each of the following:—(a)...............................................(b)...............................................(c)................................................(d)...............................................NB. There is a fee for each copy
|
|
Signature of Applicant
|
|
|
Search Application No.
|
|
|
Time of Receipt
|
|
|
Booking Officer
|
|
|
Search Collected by
|
Name:.............................................ID/Passport No.: ..............................Signature:.........................................Date:................................................
|
Notes:
| 1. |
Application to be submitted in triplicate.
|
| 2. |
Applicant to attach copy of original title document, unless exempted by Registrar.
|
| 3. |
Duplicate to be stamped and released to the Applicant.
|
| 4. |
Triplicate to be retained by the Land registry for its records.
|
| 5. |
Original to be returned to the Applicant together with the Certificate of Search.
|
_______________________________
|
Form LRA 85
|
(r. 86 (3))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
CERTIFICATE OF OFFICIAL SEARCH
|
|
TITLE NO. ..............................
|
|
SEARCH NO. ..............................
|
On the........................ day of...................... 20................. the following were the subsisting entries on the register of the above-mentioned title:
Part A - Property Section [easements, etc.]
Nature of title ...............................................
Approximate area ..............................................
Part B - Proprietorship Section
Name and address of proprietor
Inhibitions, cautions and restrictions- ............................
Part C - Encumbrances Section fleases, charges, etc.]
The following application are pending:
| (a) |
...............................................................
|
| (b) |
..............................................................
|
| (c) |
..............................................................
|
| (d) |
..............................................................
|
The following certified copies are attached as requested:
| (a) |
................................................................
|
| (b) |
................................................................
|
| (c) |
................................................................
|
| (d) |
................................................................
|
Date .................... day ......................... 20 .................
|
|
|
Seal ...................................
|
SIGNED by the Registrar
Name:
Signature:
_______________________________
|
Form LRA 86
|
(r. 87 (4))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
APPLICATION TO THE REGISTRAR FOR APPROVAL OF A DOCUMENT FOR USE WHERE NO FORM HAS BEEN PRESCRIBED
|
|
TITLE NUMBER: .........................................
|
|
Date of Application
|
|
|
The Applicant:
|
Give full name(s) and if corporate the registered number, if any
|
|
Proposed document
|
Proposed Form to be Approved is herewith attached*
|
The Applicant HEREBY APPLIES to the Land Registrar for approval of the above named form for use the following grounds that no form of the above nature and purpose has been prescribed:
In support of this Application, the Applicant attaches a statutory declaration and supporting documents.
Signature of applicant:.............................................
_______________________________
|
Form LRA 87
|
(r. 91 (1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
APPLICATION TO RECTIFY THE REGISTER
|
|
TITLE NUMBER: .........................................
|
|
Date of Application
|
|
|
Applicant
|
Give full name(s)
|
|
I D/Passport/Registration No. of Applicant (if any)
|
|
The Applicant HEREBY APPLIES to the Land Registrar to rectiff the register of the above named land as follows:
| 1. |
............................................................
|
| 2. |
............................................................
|
| 3. |
............................................................
The application is made on the grounds that*:
|
| 1. |
............................................................
|
| 2. |
.............................................................
|
| 3. |
.............................................................
*Provide supporting documents
IN WITNESS WHEREOF this application for rectification of the register has been duly executed this ............... day of ..................... 20 ................
EXECUTION:
|
_______________________________
|
Form LRA 88
|
(r. 91 (2))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
CONSENT TO RECTIFY THE REGISTER BY A COMPANY
|
|
TITLE NUMBER: .........................................
|
|
Date of consent:
|
|
|
Name of Proprietor
|
|
|
Name of party giving consent:
|
Name:............................................................Registration No:......................................
|
|
Nature of rectification Consented:
|
|
The above named being the affected party hereby acknowledges and declares that:-
| 1. |
It has full knowledge of the intended rectification; and
|
| 2. |
It has understood the nature and effect of this Consent;
AND the Company HEREBY CONSENTS to the rectification of the register.
IN WITNESS the Company has signed this Consent as a deed.
EXECUTION:
|
SEALED with the Common Seal of the Company in the presence of:—...........................................Director............................................Director/ Secretary Director/Secretary
|
Common Seal
|
|
Certificate of Verification
|
|
I CERTIFY that........................... and.............................. being the persons witnessing the affixing of the Common Seal of the Company appeared before me on........................... and being known to me/being identified by........................ of........................... freely and voluntarily executed this instrument..........................................Name and signature of person certifying
|
|
_______________________________
|
Form LRA 89
|
(r. 91 (3))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
CONSENT TO RECTIFY THE REGISTER BY INDIVIDUAL
|
|
TITLE NUMBER: .........................................
|
|
Date of consent:
|
|
|
Name of Proprietor
|
|
|
Name of party giving consent:
|
Name:...................................................ID/PP No:........................................
|
|
Nature of rectification Consented:
|
|
The above named being the affected party/parties hereby acknowledge and declare that:-
| 1. |
I/We have full knowledge of the intended rectification;
|
| 2. |
l/We understand the nature and effect of this Consent;
AND I/We HEREBY CONSENT to the rectification of the register.
EXECUTION:
LAND REGISTRAR
Name: ............................... Registrar's Stamp / No. ........................
Signature: ....................................................
Drawn By:
|
_______________________________
|
Form LRA 90
|
(r. 92 (1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
NOTICE OF RECTIFICATION OF REGISTER BY REGISTRAR
|
|
TITLE NUMBER ..............................
|
|
Date of Notice:
|
|
|
Proprietor:
|
Give full name(s) and company's registration number, if any
|
| 1. |
Upon resurvey, the Regisffar HEREBY NOTIFIES the Proprietor that after the expiry of Forty-Five (45) days from the date of service of this Notice the register of the above Title shall be rectified as follows:-
a) ...........................................................
b) ...........................................................
c) ...........................................................
|
| 2. |
Note that pending the expiry of this notice and the rectification of the register, dealings on the above Title are hereby prohibited.
|
| 3. |
The amended Cadastral Map is available for inspection at the Survey office.
LAND REGISTRAR
Name:....................................... Registrar's Stamp / No...........................
Signature:..........................................................
|
_______________________________
|
Form LRA 91
|
(r. 92 (2))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
NOTICE OF INTENTION TO RECTIFY REGISTER
|
|
TITLE NUMBER: ..............................
|
|
Date of Notice:
|
|
|
Proprietor:
|
Give full name(s), ID/Passport No. and company's registration number, if any
|
| 1. |
The Registrar HEREBY GIVES NOTICE of intention to rectiff the register of the above Title on the following grounds:
a) ...........................................................................
b) ...........................................................................
c) ...........................................................................
|
| 2. |
Note that pending the expiry of this notice and the rectification of the register, dealings on the above Title are hereby prohibited.
|
| 3. |
You are hereby notified to appear before the Registrar on the ......................... day of .......................... 20 ................. at ................... [Place] at ........................ AM/PM with such documents and/or representations that you deem necessary to assist in the rectification of the register. Please note that the Registrar may proceed to make the rectification of the register after ninety (90) days from the date of service of this Notice without any further reference to you.
Dated this ................... day of ...................... 20 ..............
ISSUED by the Registrar
|
|
|
Seal ..........................................
|
LAND REGISTRAR
Name: ................................. Registrar's Stamp / No. ............................
Signature: .................................................
|
_______________________________
|
Form LRA 92
|
(r. 92 (3))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
ORDER OF RECTIFICATION OF REGISTER
|
|
TITLE NUMBER: ..............................
|
|
Date of Notice
|
|
|
Date of Hearing
|
|
|
Proprietor
|
|
|
Affected Parties
|
|
| 1. |
Upon the expiry of the Notice issued on the............................. day of....................... 20..................., the Registrar has with effect from the date hereof rectified the register as follows:-
| (a) |
...............................................................;
|
| (b) |
...............................................................;
|
| (c) |
...............................................................;
|
|
| 2. |
Pursuant to the hearing held on the............................... day of ...................... 20 ..................... and the decision made on the .............................. day of .............. 20 .............., the Registrar HEREBY NOTIFIES the Proprietor and the Affected Parties that at the expiry of fourteen (14) days from the date of service of this Order, the Registrar shall rectify the Register as follows:-
| (a) |
...........................................................;
|
| (b) |
...........................................................;
|
| (c) |
...........................................................;
|
SIGNED by the Land Registrar
LAND REGISTRAR
Name: ............................. Registrar's StamP / No. ..................
Signature: ........................................
|
_______________________________
|
Form LRA 93
|
(r. 93(2))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
SUMMONS
|
|
TITLE NUMBER: ..............................
|
|
Date of Summons
|
|
|
Name of party:
|
Give full name(s) and if corporate the registered number, if any
|
|
Documents Required
|
1.2.
|
The above named party is hereby summoned to appear before the Land Registrar on the ........................ day of ...................... 20 .............. at ......................... [Place] at ......................... AM/PM for purposes of examining the above documents, and he/she is hereby required to bring with him/trer and produce at the time and place the above documents, and all other writings and documents in his/her custody and power relating to the Title or the Land /interest in Land.
SIGNED by the Land Registrar
LAND REGISTRAR
Name. .................................. Registrar's Stamp/No. ........................
Signature: .................................................
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
APPLICATION FOR RECTIFICATION OF REGISTER PURSUANT TO A COURT ORDER
|
|
TITLE NUMBER: .........................................
|
|
Date of Application
|
|
|
The Applicant:
|
Give full name(s)
|
|
ID/Passport/Company Registration No. (if any)
|
|
|
Date of Court Order
|
|
The Applicant HEREBY APPLIES to the Land Registrar for the registration of the above mentioned Court Order for the rectification of the Register of the above named Land in the manner set out in the Order.
In support of this Application the Applicant attaches a Certified True copy of the Court Order.
EXECUTION:
|
SIGNED by the Applicant in the presence of:—
|
|
|
Certificate of Verification
|
|
I CERTIFY that the above-named ............................................ appeared before me on the ........................ day of ............................... 20 .................. and being known to me/being identified by* ................................................ of ............................... acknowledge the above signatures or marks to be his/hers/theirs and that he/she/they had freely and voluntarily executed this instrument and understood its contents...........................................................................................Signature and Designation of Person Certifying**
|
THE LAND REGISTRATION (GENERAL) REGULATIONS
| 1. |
Citation
These Regulations may be cited as the Land Registration (General) Regulations.
|
| 2. |
Interpretation
In these Regulations, unless the context otherwise requires—
"business day" has the meaning assigned to it under regulation 4;
"business hours" means the period—
| (a) |
from nine o'clock in the morning to one o'clock in the afternoon; and
|
| (b) |
from two o'clock to four o'clock on a business day;
|
"cautioner" means the person who lodges a caution or on whose behalf a caution has been lodged;
"Certificate of Compliance" has the meaning ascribed to it by the Companies Act (Cap. 486);
"electronic form" means a form produced by making a copy image or reproduction of a written instrument;
"electronic instrument" means an instrument in an electronic form;
"encumbrance" means any charge, lease or other interest which adversely affects land or an interest in land or lease;
"first registration" means—
| (a) |
an interest noted under any of the repealed Acts, on the commencement of this Act by virtue of sections 104 and 105 of the Act in the case of—
| (ii) |
certificate of title; |
| (iii) |
certificate of lease; |
| (iv) |
a register issued or maintained under the repealed Act; or |
|
| (b) |
in any other case the date on which the land first came on to the land register;
|
"foreign company" means a corporate entity incorporated outside Kenya;
"transition register" a register maintained under section 104 during the transition period; and
"presentation book" means the presentation book kept under regulation 5.
|
PART II – ORGANISATION AND ADMINISTRATION OF REGISTRIES
| 3. |
Oath of office
| (1) |
The Registrar shall, before assuming office, take the oath or affirmation of office prescribed in the First Schedule.
|
| (2) |
The Registrar may, when conducting hearings or taking evidence under the Act, administer an oath or take an affirmation or declaration from any person entitled by law to affirm or declare.
|
|
| 4. |
Official stamp
| (1) |
Each Registrar shall keep a unique stamp bearing an official number and name of the Registrar.
|
| (2) |
The Registrar shall use the stamp while performing official duties and shall surrender the stamp to the Chief Land Registrar in the event of change in the registration duties.
|
|
| 5. |
Seal of the registry
| (1) |
Each registry shall have a seal with distinct features as specified in the Second Schedule.
|
| (2) |
The seal of the registry shall be authenticated by the Registrar.
|
|
| 6. |
Business days
| (1) |
Subject to paragraph (2) the registry shall be open to the public every day except Saturdays, Sundays and public holidays during business hours.
|
| (2) |
The Registrar may vary the business days and business hours of the registry.
|
|
| 7. |
Serialization and keeping of the presentation book
| (1) |
All instruments accepted by a Registrar for filing or registration shall be given a serial number which shall be numbered consecutively in the order of the time in which they are presented.
|
| (2) |
In each registry, the Registrar shall keep a record, to be known as the presentation book, in Form LRA I set out in the Sixth Schedule, which shall record—
| (a) |
a description of every application made or instrument presented to the Registrar for filing or registration;
|
| (b) |
a date and time of presentation; and
|
|
| (3) |
An application or instrument received on a business day is to be recorded at the time of the day that notice when it is entered in the presentation book.
|
| (4) |
An application or instrument received on a day which is not a business day (if accepted) is to be taken as made at first minute of the next business day after the day it was received.
|
| (5) |
An application or instrument shall be received—
| (a) |
when it is delivered to the designated proper office in the Registry; or
|
| (b) |
when it is delivered to the Registrar under any relevant notice given under the Act or by the Registrar under these Regulations.
|
|
|
| 8. |
Priority of registration
For the purposes of priority, the time of presentation of instruments as noted in the presentation book shall be the time of registration and the serial number assigned to the application or instrument shall determine the priority of the instruments.
|
| 9. |
Contents of the register
The land register referred to under section 7 of the Act shall contain—
| (b) |
the proprietorship section; and
|
|
| 10. |
Contents of the property section
| (1) |
The property section of a land register under regulation 9(a) shall contain a description of a parcel specifying—
| (a) |
the registration unit, registration section, block number and parcel number of the parcel;
|
| (b) |
the approximate area of the parcel;
|
| (c) |
any easement and analogous rights benefitting or affecting the parcel;
|
| (e) |
cadastral sheet number of the parcel;
|
| (f) |
cadastral plan number (for parcels with fixed boundaries); and
|
| (g) |
such other matters as may be required to be entered under the Act and these Regulations or any other law.
|
|
| (2) |
The description in paragraph (1)(b) shall not be included for the purposes of registering of sectional units.
|
|
| 11. |
Additional Contents of property section for sectional units
For sectional units, the property section of a register for a lease under section 54(4) and (5) of the Act, shall in addition to the details in regulation 10 contain—
| (b) |
a unique suffix number to the section unit;
|
| (c) |
the approximate floor area of the section unit; and
|
| (d) |
approximate area in case of lease of part of the parcel.
|
|
| 12. |
Contents of the proprietorship section
The proprietorship section of a register under regulation 9(b) shall contain a description of a proprietor of a parcel specifying—
| (a) |
the name of a proprietor including the identification details in the case of individual or, if the proprietor is a corporate entity, the registration number;
|
| (b) |
the gender of a proprietor, where applicable;
|
| (c) |
the postal and physical address of the proprietor for service in Kenya;
|
| (d) |
where available, the telephone numbers and email address of a proprietor;
|
| (e) |
the personal identification number of a proprietor;
|
| (f) |
the nationality of the proprietor;
|
| (g) |
any inhibitions, cautions or restrictions affecting the proprietor's right of disposition and which are required to be noted under the Act; and
|
| (h) |
such other matters as may be required to be entered under the Act or any other law.
|
|
| 13. |
Contents of the encumbrance section
The encumbrance section of a register under regulation 9(c) shall contain—
| (a) |
the details of any encumbrance or right adversely affecting the land or interest in land;
|
| (b) |
the name and address for service of the encumbrancer;
|
| (c) |
any dealings with the encumbrancer including matters affecting its priority capable of being noted on the register;
|
| (d) |
any easement or analogous right affecting the land; and
|
| (e) |
such other matters as are required to be entered under the Act or these Regulations.
|
|
| 14. |
Application to register a community land
Subject to the law relating to community land, an application to register a parcel of land as community land shall be accompanied by the documents set out in section 8(1) of the Act.
|
| 15. |
Contents of the proprietorship section of community land register
The proprietorship section of a register that pertains to community land shall contain—
| (a) |
the name of the community identified in accordance with Article 63 of the Constitution, the Community Land Act (Cap. 287) and any other law relating to community land;
|
| (b) |
the registration number of the community, where applicable;
|
| (c) |
the details set out in regulation 11(b)(c)(d) and (f); and
|
| (d) |
any other requirement under the Community Land Act (Cap. 287) or under any written law.
|
|
| 16. |
Forms of registers
| (1) |
The register shall, in the case of an absolute title, be in Form LRA 2 set out in the Sixth Schedule.
|
| (2) |
The register shall, in the case of a leasehold title, be in Form LRA 3 set out in the Sixth Schedule.
|
| (3) |
The register of powers of attorney shall be in the prescribed Form LRA 4 set out in the Sixth Schedule.
|
| (4) |
A register shall be maintained in both a paper form and an electronic format.
|
|
PART III – POWER OF ATTORNEY
| 17. |
General Power of Attorney
A person who wishes to register a general power of attorney shall present a request to the Registrar it in Form LRA 5 set out in the Sixth Schedule.
|
| 18. |
Specific Power of Attorney
A person who wishes to register specific power of attorney shall present a request to the Registrar in Form LRA 6 set out in the Sixth Schedule.
|
| 19. |
Irrevocable Power of Attorney
A person who wishes to register an irrevocable power of attorney shall present a request to the Registrar in Form LRA 7 set out in the Sixth Schedule.
|
| 20. |
Revocation of Power of Attorney
A person who wishes to revoke a registered power of attorney may present a request to the Registrar in Form LRA 8 set out in the Sixth Schedule.
|
PART IV – REGISTRATION UNDER THE REGISTER
| 21. |
Application for registration to be in prescribed form
| (1) |
Except where an instrument has been prepared by the Registrar, every instrument presented for registration shall be accompanied by an application for registration in the prescribed form.
|
| (2) |
Any application made under the Act or these Regulations for which no other application form is prescribed must be made in Form LRA 9 set out in the Sixth Schedule.
|
|
| 22. |
Documents in support of applications
| (1) |
Unless the Registrar otherwise directs, every application for registration shall be accompanied by—
| (a) |
all such original title documents or other documents relating to the land or the interest in land;
|
| (b) |
a cadastral plan (where applicable) approved by the office or authority responsible for land survey;
|
| (c) |
such other documents as the Registrar may reasonably require for purposes of clearly identifying the land or interest in land; and
|
| (d) |
a list, in duplicate, specified in Form LRA 9 set out in the Sixth Schedule of all the documents lodged with the Registrar.
|
|
| (2) |
Except as otherwise provided in the Act or these Regulations, all instruments presented for registration shall where applicable be in two counterparts and each counterpart shall be deemed an original.
Provided that for purposes of registration one counterpart shall be marked as "original" and the other as "counterpart".
|
| (3) |
Upon registration, the Registrar shall retain one counterpart and return the counterpart marked "original" to the applicant.
|
| (4) |
When considering an application for registration, the Registrar may—
| (a) |
make searches and enquiries over the parcel;
|
| (b) |
give such notices as are required under the Act or these Regulations to other persons;
|
| (c) |
direct that searches and enquiries be made by the applicant; or
|
| (d) |
where necessary advertise the application.
|
|
|
| 23. |
Spousal interest
| (1) |
A registered proprietor may apply to the Registrar for inclusion of the name of their spouse(s) in the register.
|
| (2) |
A spouse of a registered proprietor may apply to the Registrar to be included in the register as a spouse in Form LRA 10 set out in the Sixth Schedule.
|
| (3) |
The Registrar shall, within fourteen days of receipt of the application made under paragraph (2), issue a thirty days' notice of intention to note a spouse in the register to a registered proprietor in Form LRA 11 set out in the Sixth Schedule.
|
| (4) |
The Registrar shall, in the absence of any objection from the registered proprietor upon expiry of the notice period in paragraph (3), include the applicant under paragraph (2) in the register as a spouse.
|
| (5) |
The Registrar shall refuse to include the applicant under paragraph (2) in the register as a spouse on receipt of an objection from the registered proprietor.
|
| (6) |
The Registrar shall give reasons for the decision made in accordance with paragraph (5).
|
| (7) |
The entry of the name of a spouse in the register under paragraph (4) above does not confer ownership status to the spouse.
|
|
| 24. |
First Registration after adjudication
| (1) |
The first registration pursuant to an adjudication process under the Land Adjudication Act, (Cap. 284) shall be based on the adjudication register and the Registrar shall note in the land register such restrictions or conditions as may be applicable.
|
| (2) |
In this regulation, an "adjudication register" means the adjudication register referred in section 24 of the Land Adjudication Act, (Cap. 284).
|
|
| 25. |
First registration after consolidation
| (1) |
The first registration pursuant to a consolidation under the Land Consolidation Act (Cap. 283) shall be based on the adjudication register and the Registrar shall note in the land register such restrictions or conditions as may be necessary.
|
| (2) |
In this regulation an "adjudication register" means the adjudication register mentioned in section 24 of the Land Consolidation Act (Cap. 283).
|
|
| 26. |
First registration after allocation
The first proprietor noted in the register of any parcel or interest in land pursuant to an allocation process shall be the registered proprietor and the Registrar shall note in the land register such restrictions or conditions as may be necessary.
|
| 27. |
Lost documents
| (1) |
A person whose instrument is lost, destroyed or misplaced shall apply for a replacement in Form LRA 12 set out in the Sixth Schedule and the application shall be supported by such evidence as is required under section 33 of the Act.
|
| (2) |
Upon receipt of an application under paragraph (1), the registrar shall, by a notice in the Gazette in Form LRA 13, notify the public of the loss, destruction or misplacement.
|
| (3) |
Where an instrument that has been lodged at a registry is lost, destroyed or misplaced, the Registrar shall notify the registered proprietor, in writing, of such loss, destruction or misplacement for purposes making an application under paragraph (1).
|
|
| 28. |
Reconstruction of a land register
| (1) |
On loss or destruction of the land register, a person claiming to be a registered proprietor may apply to the Registrar for the reconstruction of the register in Form LRA 14 set out in the Sixth Schedule.
|
| (2) |
Where the applicant under paragraph (1) is a body corporate, the application shall be accompanied by a statutory declaration in Form LRA 15 set out in the Sixth Schedule.
|
| (3) |
Where the applicant under paragraph (1) is a natural person, the application shall be accompanied by a statutory declaration in Form LRA 16 set out in the Sixth Schedule.
|
| (4) |
An applicant under paragraph (1) shall provide an indemnity in Form LRA 17 set out in the Sixth Schedule to the Registrar.
|
| (5) |
Upon receipt of an application made under paragraph (1), the Registrar shall notify the loss by notice in the Gazette in Form LRA 18 set out in the Sixth Schedule.
|
| (6) |
After the expiry of the notice in paragraph (3), the Registrar shall obtain clarification on the parcel status from—
| (a) |
the office or authority responsible for survey;
|
| (b) |
the office or authority responsible for land administration; and
|
| (c) |
any other office the Registrar may deem necessary.
|
|
| (7) |
Upon clarification under paragraph (4) and no objection has been raised against the application made under paragraph (1), the Registrar may reconstruct the land register.
|
|
| 29. |
Reconstruction of a land register where title documents are missing
| (1) |
Where the title documents are lost or destroyed, a person claiming to be a registered proprietor to make an application for reconstruction of the register in Form LRA 14 set out in the Sixth Schedule to the Registrar.
|
| (2) |
Where the applicant under paragraph (1) is a body corporate, the application shall be accompanied by a statutory declaration in Form LRA 15 set out in the Sixth Schedule.
|
| (3) |
Where the applicant under paragraph (1) is a natural person, the application shall be accompanied by a statutory declaration in Form LRA 16 set out in the Sixth Schedule.
|
| (4) |
An applicant under paragraph (1) shall provide an indemnity to the Registrar in Form LRA 17.
|
| (5) |
Upon receipt of an application made under paragraph (1), the Registrar shall notify the loss by notice in the Gazette in Form LRA 18 set out in the Sixth Schedule.
|
| (6) |
After the expiry of the notice in paragraph (3), the Registrar shall obtain clarification on the parcel status from—
| (a) |
the office or authority responsible for survey;
|
| (b) |
the office or authority responsible for land administration; and
|
| (c) |
any other office the Registrar may deem necessary.
|
|
| (7) |
Upon clarification under paragraph (4) and no objection has been raised against the application made under paragraph (1), the Registrar may reconstruct the land register.
|
|
| 30. |
Application for a certificate
| (1) |
A person who has an interest in land for which a certificate of lease or a certificate of title is to be issued may apply to the Registrar for the certificate in Form LRA 19 set out in the Sixth Schedule.
|
| (2) |
An applicant under paragraph (1) shall pay the prescribed fees.
|
| (3) |
The application under paragraph (1) shall be accompanied by—
| (a) |
all instruments evidencing ownership in respect of the land or interest in land which are in possession of the proprietor except any document which is already in possession of the registry pursuant to an ongoing transaction; and
|
| (b) |
an official search in respect of the land or interest in land issued within the preceding thirty days.
|
|
| (4) |
Upon Compliance with paragraphs (1), (2) and (3), the Registrar shall issue a certificate of lease or a certificate of title, whichever is applicable.
|
|
| 31. |
Form of certificate of title and certificate of lease
| (1) |
A certificate of title issued by the Registrar, in accordance with section 30 of the Act, shall be in Form LRA 20 set out in the Sixth Schedule and shall include all subsisting entries and encumbrances noted on the relevant register.
|
| (2) |
A certificate of lease issued by the Registrar, in accordance with section 30 of the Act, shall be in Form LRA 21 set out in the Sixth Schedule and shall include all subsisting entries and encumbrances noted on the relevant register.
|
| (3) |
An application by the registered proprietor for the replacement of a certificate of title or a certificate of lease issued by the Registrar in accordance with section 33 of the Act shall be in Form LRA 12 set out in the Sixth Schedule.
|
|
| 32. |
Time for registration
| (1) |
The time for registration of instruments presented for registration shall be as set out in the Third Schedule.
|
| (2) |
The Registrar may, for sufficient cause, extend the time prescribed for registration under this regulation provided always that such extension of time shall have regard to the need for efficient delivery of services to the public.
|
|
| 33. |
Application in order of time
The Registrar shall ensure that applications for registration are dealt with in the order of the time in which they were lodged.
|
| 34. |
Additional requirements
| (1) |
The Registrar may make inquiries and request for such additional evidence and documents as he considers necessary when he receives an application for registration.
|
| (2) |
The Registrar may specify a period, of not less than seven business days, within which the applicant must comply with the requirement in paragraph (1).
|
| (3) |
If an applicant fails to comply with the requirements in this regulation, the Registrar may reject the application.
|
|
| 35. |
Rejection of an application
| (1) |
The Registrar may reject an application that appears to the Registrar—
| (a) |
to be substantially defective; or
|
| (b) |
to have been submitted for registration without the requisite documents required under the Act or these Regulations.
|
|
| (2) |
The Registrar may reject an application under paragraph (1) when the application is lodged for registration or at any time thereafter, and communicate the rejection in Form LRA 22 set out in the Sixth Schedule and state the reason for the rejection.
|
|
| 36. |
Mode of Payment of fees
| (1) |
Subject to regulation 97, all fees payable to the Registrar under these Regulations shall be payable—
|
| (2) |
Where the prescribed fees are paid by means of a banker's cheque, the Registrar shall not complete the application until the cheque is honoured and where the cheque is not honoured, the application may be cancelled and rejected.
|
|
| 37. |
Appeal
| (1) |
A person whose application has been rejected under regulations 34 or 35 may appeal to the County Registrar and thereafter the Chief Land Registrar, if not satisfied.
|
| (2) |
The County Registrar or the Chief Land Registrar as the case may be, shall hear and determine the appeal under paragraph (1) within fourteen days of receiving the appeal.
|
| (3) |
There shall be a stay of registration and no instrument affecting the interest under review shall be considered for registration over the affected parcel during the fourteen days under paragraph (2).
|
| (4) |
Despite paragraph (3), an applicant or any other person who is dissatisfied by the rejection of an application by the Registrar may appeal directly to the Court.
|
| (5) |
A party who has made an appeal to the County Registrar or the Chief Land Registrar under this regulation shall not make a concurrent appeal to the Court until after the decision by the County Registrar or the Chief Land Registrar as the case may be, or after the fourteen days specified under paragraph (2), whichever shall occur first.
|
|
| 38. |
Continuation of application by operation of law
If, before an application has been completed, the whole of the applicant's interest is transferred by operation of law, the application may be continued by the person entitled to that interest in consequence of that transfer.
|
| 39. |
Supervision by the Chief Land Registrar
The Registrar shall maintain a record, known as the presentation book, showing the date and time at which every application under the Act or these Regulations was made and the status of its registration.
|
PART V – BOUNDARIES
| 40. |
Application for re-establishing a missing boundary or ascertainment of a boundary in dispute
| (1) |
An interested person may apply to the Registrar for the ascertaining of a missing boundary or a boundary in dispute under section 18(3) of the Act in Form LRA 23 set out in the Sixth Schedule.
|
| (2) |
The Registrar shall issue a notice in Form LRA 24 set out in the Sixth Schedule to all persons appearing in the register that may be affected or such other persons as the Registrar may deem necessary for resolution of the dispute if a person has complied with paragraph (1).
|
| (3) |
The Registrar shall notify the office responsible for survey of land of the intended hearing of a boundary dispute and require their attendance if a person has complied with paragraph (1).
|
| (4) |
In determining a boundary dispute lodged in accordance with paragraph (1), the Registrar shall be guided by the recommendation of the office responsible for survey of land.
|
| (5) |
The Registrar shall, after giving all persons appearing for the hearing in accordance with the notifications sent under paragraphs (1) and (2) an opportunity to be heard, make a determination of the dispute and inform the parties accordingly.
|
| (6) |
Any party aggrieved by the decision of the Registrar made under paragraph (5) may, within thirty days of the date of notification, appeal the decision to the Court.
|
| (7) |
Upon expiry of thirty days, the Registrar shall—
| (a) |
cause to be defined by survey the precise position of the boundaries in question;
|
| (b) |
file a plan approved by the authority responsible for survey of land containing the necessary particulars; and
|
| (c) |
make a note in the register that the boundaries have been fixed, and thereupon the plan shall be deemed to define accurately the boundaries of the parcel.
|
|
| (8) |
A dispute for determination of a boundary and or parcel shall, unless in the case of special circumstances, be completed within a period not exceeding six months from the date of filing the application.
|
|
| 41. |
Application for ascertaining and fixing boundaries
| (1) |
An interested person may apply to the Registrar for the ascertaining and fixing of boundaries of land under section 19 (1) of the Act, in Form LRA 23 set in the Sixth Schedule.
|
| (2) |
The notice issued by the Registrar under section 19(1) of the Act shall be in Form LRA 24 set out in the Sixth Schedule.
|
| (3) |
When making a decision under section 19(1) of the Act, the Registrar shall follow the procedure outlined in regulation 40.
|
|
| 42. |
Order to demarcate and maintain boundaries
The Registrar may order a registered proprietor to demarcate and maintain boundaries under section 20(2) and (3) of the Act in Form LRA 25 set out in the Sixth Schedule.
|
| 43. |
Application for combination or subdivision
| (1) |
A proprietor may apply to the Registrar for combination or subdivision under section 22(1) or (2) of the Act, in Form LRA 26 set out in the Sixth Schedule.
|
| (2) |
An application under (1) shall be supported by—
| (a) |
a copy of an approval of development application from the relevant County Government for the subdivision or combination;
|
| (b) |
a copy of the registered Mutation Form in Form LRA 27 set out in the Sixth Schedule;
|
| (c) |
a cadastral map for the subdivision or combination;
|
| (d) |
a cadastral plan for each resultant parcel (for parcels with fixed boundaries);
|
| (e) |
the certificate of title or the certificate of lease of the parcel being subdivided or parcels being combined;
|
| (f) |
any consent required for the combination and subdivision;
|
| (g) |
any other approval required under any applicable legislation for the subdivision or combination; and
|
| (h) |
any other documents required under any written law.
|
|
|
| 44. |
Application for re-parcellation
| (1) |
The proprietors of contiguous parcels may apply for the change of the layout of their parcels under section 23 of the Act in Form LRA 28 set out in the Sixth Schedule.
|
| (2) |
An application under (1) shall be supported by—
| (a) |
the certificates of title or the certificates of lease of the parcels being re-parcelled;
|
| (b) |
a cadastral map for the re-parcellation;
|
| (c) |
a cadastral plan for each resultant parcel for parcels with fixed boundaries;
|
| (d) |
any consent required for the re-parcellation;
|
| (e) |
copy of approval of development application from the relevant County Government for the re-parcellation;
|
| (f) |
a copy of the registered Mutation in Form LRA 27 set out in the Sixth Schedule;
|
| (g) |
any other approval required under any applicable legislation for the re-parcellation; and
|
| (h) |
any other document required under any written law.
|
|
|
| 45. |
Application for partition
| (1) |
A tenant in common may apply for partition of land held in common under section 94(1) of the Act, in Form LRA 29 set out in the Sixth Schedule.
|
| (2) |
An application in (1) shall be supported by—
| (a) |
the certificate of title or the certificate of lease of the parcel being partitioned;
|
| (b) |
cadastral map for the partition;
|
| (c) |
cadastral plan for each resultant parcel, for parcels with fixed boundaries;
|
| (d) |
any consent required for the partition;
|
| (e) |
copy of the registered Mutation in Form LRA 27 set out in the Sixth Schedule;
|
| (f) |
copy of approval of development application from the relevant County Government for the partition; and
|
| (g) |
any other document required under any written law.
|
|
|
| 46. |
Application in absence of consent by co-tenant
| (1) |
An application for partition of land owned in common without the consent of the tenants in common, under section 94(2) of the Act, shall be made in Form LRA 30 set out in the Sixth Schedule.
|
| (2) |
Upon receiving an application under paragraph (1), the Registrar shall issue a notice of hearing to all the tenants in common in Form LRA 31 set out in the Sixth Schedule.
|
| (3) |
The order by the Registrar made pursuant to the hearing under this regulation shall set out the reasons for the decision.
|
| (4) |
The decision made under paragraph (3) shall grant an aggrieved party leave to apply for judicial review.
|
| (5) |
An instrument affecting an interest in land, which is the subject of the application, shall not be considered for registration until the expiry of twenty one days from the date of making the order under paragraph (3).
|
|
| 47. |
Consent of a chargee to partition
The consent of a chargee to partition land under section 97(1) of the Act shall be in Form LRA 32 set out in the Sixth Schedule.
|
PART VI – DISPOSITION AFFECTING LAND
| 48. |
Terms and conditions of sale
| (1) |
Unless the parties to a contract expressly provide otherwise, the Law Society Conditions of Sale shall apply to a contract for sale of an interest in land.
|
| (2) |
Despite paragraph (1), a contract for sale of an interest in land shall be subject to the provisions of the Act, any other applicable law and to any modification or any stipulation of any intention to the contrary which is expressed in the contract.
|
|
| 49. |
Requirements for transfer
| (1) |
Subject to section 37(1) of the Act an application for the transfer of any interest in land shall be in Form LRA 33 set out in the Sixth Schedule.
|
| (2) |
An application under paragraph (1) shall be supported by—
| (a) |
the original title documents;
|
| (b) |
where applicable, a land rent clearance certificate;
|
| (c) |
a land rates clearance certificate;
|
| (d) |
where applicable, the consent of the head lessor;
|
| (e) |
any consent required for registration unless a particular consent has been endorsed on the instrument of transfer;
|
| (f) |
where applicable, a form for Valuation of Stamp Duty, duly filled and approved by a government valuer; and
|
| (g) |
any other document as may be required under the Act, these Regulations or any other written law.
|
|
|
| 50. |
Transfer Subject to an encumberance
A transfer of an interest in land subject to an encumbrance shall require the consent of the encumbrancer in Form LRA 34 set out in the Sixth Schedule.
|
| 51. |
Transfer of undivided share
| (1) |
An application for the transfer of an undivided share of an interest in land under section 91 of the Act shall be in Form LRA 35 set out in the Sixth Schedule.
|
| (2) |
An application under (1) shall be supported by—
| (a) |
original title documents;
|
| (b) |
where applicable, a land rent clearance certificate;
|
| (c) |
a land rates clearance certificate;
|
| (d) |
where applicable, the consent of the head lessor;
|
| (e) |
any other consent required for registration unless a particular consent has been endorsed on the instrument of transfer;
|
| (f) |
where applicable, a form for Valuation of Stamp Duty, duly filled and approved by a government valuer; and
|
| (g) |
any other document as may be required under the Act or any written law.
|
|
|
| 52. |
Transfer of a joint interest
| (1) |
An application for the transfer of a joint interest in land under section 91(4) of the Act, in Form LRA 36 set out in the Sixth Schedule.
|
| (2) |
An application under (1) shall be supported by—
| (a) |
original title documents;
|
| (b) |
where applicable, a land rent clearance certificate;
|
| (c) |
a land rates clearance certificate;
|
| (d) |
where applicable, the consent of the head lessor;
|
| (e) |
any other consent required for registration unless a particular consent has been endorsed on the instrument of transfer; and
|
| (f) |
any other document as may be required under the Act, these Regulations or any written law.
|
|
|
| 53. |
Severance of joint tenancy
| (1) |
An application for the severance of a joint tenancy under section 91(7) of the Act shall be in Form LRA 37 set out in the Sixth Schedule.
|
| (2) |
An application under paragraph (1) shall be supported by—
| (a) |
the original title documents;
|
| (b) |
where applicable, a land rent clearance certificate;
|
| (c) |
a land rates clearance certificate;
|
| (d) |
where applicable, the consent of the head lessor;
|
| (e) |
any other consent required for registration unless a particular consent has been endorsed on the instrument of transfer; and
|
| (f) |
any other document as may be required under the Act, these Regulations, or any written law.
|
|
|
| 54. |
Transmission on death of a joint tenant
| (1) |
A person shall notify the death of a joint tenant under section 60 of the Act and apply for the removal of the name of the deceased from the register in Form LRA 38 set out in the Sixth Schedule.
|
| (2) |
The notice issued under paragraph (1) shall be supported by the original death certificate and a certified copy of death certificate.
|
| (3) |
Upon the receipt of the notice in accordance with paragraphs (1) and (2), the Registrar shall—
| (a) |
note the death in the land register;
|
| (b) |
retain the certified copy of the death certificate; and
|
| (c) |
return the original death certificate to the person who lodged the notice.
|
|
|
| 55. |
Transmissions subject to confirmation of grant or probate
Unless otherwise provided by any written law no transfer of an interest in land of a deceased proprietor shall be registered until after the confirmation of the grant of letters of administration or the grant of probate as the case may be.
|
| 56. |
Transfer to personal representative
| (1) |
A personal representative who wishes to be registered as an administrator or executor shall apply to be registered as an administrator as under section 61(1) of the Act in Form LRA 39 set out in the Sixth Schedule.
|
| (2) |
An application under paragraph (1) shall be supported by a copy of the grant of letters of administration or the grant of probate, duly certified by the Court.
|
| (3) |
A personal representative who is otherwise not noted on the register despite having complied with paragraphs (1) and (2), may apply to be registered by transmission as a proprietor jointly with the other personal representative in Form LRA 40 set out in the Sixth Schedule.
|
| (4) |
Upon receiving an application for registration under paragraph (3) the Registrar shall notify the registered personal representative of the application in Form LRA 41 set out in the Sixth Schedule provided that no such notice shall be required if the registered personal representative has consented to the application.
|
|
| 57. |
Transfer by personal representative to beneficiary
| (1) |
A transfer by a personal representative to a beneficiary under section 61(2) of the Act shall be in Form LRA 42 set out in the Sixth Schedule.
|
| (2) |
A transfer under paragraph (1) shall be supported by—
| (a) |
a copy of the grant of letters of administration or the grant of probate, duly certified by the Court;
|
| (b) |
a copy of the certificate of confirmation of the grant of letters of administration or a grant of probate, duly certified by the Court;
|
| (c) |
the certificate of title or the certificate of lease of the parcel;
|
| (d) |
where applicable, a land rent clearance certificate;
|
| (e) |
a land rates clearance certificate;
|
| (f) |
where applicable, the consent of the head lessor;
|
| (g) |
any other consent required for registration unless a particular consent has been endorsed on the instrument of transfer; and
|
| (h) |
any other document as may be required under the Act, these Regulations, or any written law.
|
|
|
| 58. |
Transfer by personal representative to third party
| (1) |
A transfer by a personal representative to a purchaser or any other party under section 61(2) of the Act shall be in Form LRA 43 set out in the Sixth Schedule.
|
| (2) |
A transfer under (1) shall be supported by—
| (a) |
a copy of the grant of letters of administration or the grant of probate, duly certified by the Court;
|
| (b) |
a copy of the certificate of confirmation of the grant of letters of administration or the grant of probate, duly certified by the Court;
|
| (c) |
the certificate of title or the certificate of lease of the parcel;
|
| (d) |
where applicable, a land rent clearance certificate;
|
| (e) |
a land rates clearance certificate;
|
| (f) |
where applicable, the consent of the head lessor;
|
| (g) |
any other consent required for registration unless a particular consent has been endorsed on the instrument of transfer; and
|
| (h) |
any other document as may be required under the Act, these Regulations, or any written law.
|
|
|
| 59. |
Transmission on bankruptcy
| (1) |
An application by a trustee in bankruptcy to be registered as a proprietor of an interest in land under section 63 of the Act shall be in Form LRA 44 set out in the Sixth Schedule.
|
| (2) |
An application under paragraph (1) shall be supported by—
| (a) |
a copy of the order of the Court adjudging a proprietor bankrupt, duly certified by the Court Registrar; and
|
| (b) |
a transfer by a trustee in bankruptcy which shall be in Form LRA 45 set out in the Sixth Schedule.
|
|
|
| 60. |
Transmission on liquidation
| (1) |
An application by a liquidator to be noted on the register under section 64 of the Act shall be in Form LRA 46 set out in the Sixth Schedule.
|
| (2) |
An application under paragraph (1) shall be supported by—
| (a) |
if a company is incorporated in Kenya—
| (i) |
a copy of the vesting order, duly certified by the Court; and |
| (ii) |
a statutory declaration by the applicant in Form LRA 47 set out in the Sixth Schedule confirming compliance with the requirements under the Companies Act (Cap. 486); or |
|
| (b) |
if a foreign company, a copy of a resolution duly certified by a company secretary or a notary public, appointing the liquidator.
|
|
| (3) |
A transfer by a liquidator shall be in Form LRA 48 set out in the Sixth Schedule.
|
|
| 61. |
Transfer to companies and limited liability partnership
| (1) |
Subject to any written law, every application for transfer of an interest in land to companies and limited liability partnerships incorporated in Kenya shall be in Form LRA 49 set out in the Sixth Schedule and shall include the registration number of the entities and be supported by the documents set out in regulation 49.
|
| (2) |
Subject to any written law, every application for transfer of an interest in land to a foreign company shall be supported by the documents set out in regulation 49 together with a certificate of compliance duly certified by the issuing authority.
|
|
| 62. |
Transmission in other cases
| (1) |
An application to be registered as a proprietor under section 65 of the Act shall be in Form LRA 50 set out in the Sixth Schedule.
|
| (2) |
An application under paragraph (1) shall be supported by—
| (a) |
where applicable, a copy of an order of a Court duly certified by the Court Registrar; or
|
| (b) |
in the case of an order issued by a country which does not have reciprocating rights under the Foreign Judgments (Reciprocal Enforcement) Act, a certificate by a notary public, conferring to the applicant a right to the interest in the land or lease; and
|
| (c) |
a statutory declaration by the applicant in Form LRA 47 set out in the Sixth Schedule.
|
|
|
| 63. |
Document executed under the power of Attorney
Where a document is executed by an attorney is delivered to the registry, the deliverer shall produce, before the registrar, a duly registered instrument creating the power and the details of the instrument shall be included in the document so executed.
|
| 64. |
Application to be registered as trustee
| (1) |
An application to be registered as a trustee under section 66 of the Act shall be in Form LRA 51 set out in the Sixth Schedule.
|
| (2) |
An application under paragraph (1) may be supported by a copy of the instrument creating the trust certified as a true copy of the original by an advocate or a notary public.
|
|
| 65. |
Registration of disposition in favour of trustees incorporated under the Trustees Perpetual Succession, Act Cap. 43
| (1) |
In any registrable disposition in favour of trustees incorporated under the Trustees (Perpetual Succession) Act (Cap. 164), it shall be described as "a body corporate under the Trustees (Perpetual Succession) Act (Cap. 164)" on the disposition.
|
| (2) |
An application under paragraph (1) shall be supported by a copy of the instrument creating the trust certified as a true copy of the original by an advocate or a notary public.
|
|
| 66. |
Transfer by a trustee
A transfer by a trustee shall be in Form LRA 52 set out in the Sixth Schedule.
|
PART VII – CHARGES
| 67. |
Form of a charge
| (1) |
A proprietor may register a charge other than an informal charge or customary charge under section 56 and 57 in Form LRA 53 set out in the Sixth Schedule.
|
| (2) |
A proprietor may register an informal charge (other than a customary charge) under section 56 of the Act and section 79(6) of the Land Act (Cap. 280) in Form LRA 54 set out in the Sixth Schedule.
|
|
| 68. |
Priority rights of prior chargees
The consent by a prior chargee shall specify the priority rights for the subsequent charge and the Registrar shall note the ranking in the register.
|
| 69. |
Consent for second or subsequent charge
The consent for a second or subsequent charge under section 57(2) of the Act shall be in Form LRA 55 set out in the Sixth Schedule.
|
| 70. |
Registration of a charge, second charge or subsequent charge
| (1) |
An application for registration of a charge, a second charge or a subsequent charge shall be in Form LRA 9 set out in the Sixth Schedule.
|
| (2) |
An application under paragraph (1) shall be supported by—
| (a) |
in case of a first charge, the certificate of title or certificate of lease;
|
| (b) |
where applicable, a land rent clearance certificate;
|
| (c) |
spousal consent in Form LRA 55 set out in the Sixth Schedule;
|
| (d) |
any consent required for registration, unless a particular consent has been endorsed on the charge document or has otherwise been dispensed with by the Registrar under the provisions of the Act; and
|
| (e) |
any other document or approval as may be required under the Act, these Regulations or any written law.
|
|
|
| 71. |
Registration of an informal charge
| (1) |
An application for registration of an informal charge shall be in Form LRA 9 set out in the Sixth Schedule.
|
| (2) |
An application under (1) shall be supported by—
| (a) |
in case of a first charge, the certificate of title or certificate of lease;
|
| (b) |
any consent required for registration unless a particular consent has been endorsed on the charge document or has otherwise been dispensed with by the Registrar under the provisions of the Act; and
|
| (c) |
Any other document or approval as may be required under the Act, the Community Land Act (Cap. 287) (as applicable), the Regulations, and any written law.
|
|
|
| 72. |
Memorandum of variation of a charge
A memorandum of variation of charge under section 84 of the Land Act (Cap. 280) shall be in Form LRA 56 set out in the Sixth Schedule.
|
| 73. |
Transfer of charge
A transfer of charge under section 86 of the Land Act (Cap. 280) shall be in Form LRA 57 set out in the Sixth Schedule.
|
| 74. |
Discharge of charge
| (1) |
A discharge of a whole charge under section 85(1) and (4) of the Land Act (Cap. 280) shall be in Form LRA 58 set out in the Sixth Schedule.
|
| (2) |
A discharge of a part of a charge under section 85(1) and (4) of the Land Act (Cap. 280) shall be in Form LRA 59 set out in the Sixth Schedule.
|
|
| 75. |
Application by a chargee to be registered as proprietor
| (1) |
An application by a chargee to be registered as a proprietor under section 100(1) of the Land Act (Cap. 280) shall be in Form LRA 60 set out in the Sixth Schedule.
|
| (2) |
An application made under (1) shall be supported by—
| (a) |
an order of the Court issued under section 100(1) of the Land Act (Cap. 280) that is certified as a true copy by a Registrar of the court; and
|
| (b) |
any other documents required for a transfer under the Act, the Regulations, and any written law.
|
|
| (3) |
A transfer by a chargee made pursuant to section 100(3) and (4) of the Land Act (Cap. 280) shall be in Form LRA 61 set out in the Sixth Schedule.
|
| (4) |
The application under paragraph (3) shall be supported by—
| (a) |
a statutory declaration by an auctioneer supported by—
|
| (b) |
relevant notices issued by an auctioneer as required by law;
| (i) |
a certificate of auction declaring the charge as the highest bidder as provided by section 100(3) of the Land Act (Cap. 280); and |
| (ii) |
a valuation report as required by law. |
|
| (c) |
any other documents required for a transfer under the Act, the Regulations, and any written law.
|
|
|
PART VIII – LEASES
| 76. |
Form of a lease
| (1) |
A lease over a registered land or part thereof, other than a long-term lease under section 54(5) of the Act, shall substantially be in Form LRA 62 set out in the Sixth Schedule.
|
| (2) |
A lease under paragraph (1) for a part of the land shall be accompanied by—
| (a) |
original title documents or other documents relating to the land;
|
| (b) |
where applicable, a land rent clearance certificate;
|
| (c) |
a land rates clearance certificate;
|
| (d) |
where applicable, the consent of the head lessor;
|
| (e) |
any other consent required for registration unless a particular consent has been endorsed on the lease document or has otherwise been dispensed with by the Registrar under the provisions of the Act;
|
| (f) |
a sectional plan drawn by a surveyor and approved by the authority responsible for land survey which plan shall—
| (i) |
delineate the external boundaries of the parcel and the location of the demised part of the land; |
| (ii) |
state and show the coordinates for the part of the land being leased; |
| (iii) |
state the approximate ground area of the part of the land being leased; |
| (iv) |
state and show the access road for the part of land being leased as per the standards approved by the relevant county govemment or regulatory body; |
| (v) |
state the developments (if any) being present on the part of the land being leased; and |
| (vi) |
have a unique number that is provided by the authority responsible for land survey; |
|
| (g) |
a transfer of lease in Form LRA 63 set out in the Sixth Schedule; and
|
| (h) |
any other document or approval as may be required under the Act, these Regulations, or any other written law.
|
|
| (3) |
The sectional plan referred to in paragraph (2)(f) shall conform to the requirements of the Sectional Properties Act with such amendments as appropriate.
|
|
| 77. |
Long term Lease for part of a building
| (1) |
A lease for part of a building or a long term lease under section 54 (5) of the Act shall be in Form LRA 64 set out in the Sixth Schedule.
|
| (2) |
A lease under paragraph (1) shall be supported by—
| (a) |
original title documents relating to the land on which the building is;
|
| (b) |
where applicable, a land rent clearance certificate;
|
| (c) |
a land rates clearance certificate;
|
| (d) |
where applicable, the consent of the head lessor;
|
| (e) |
any other consent required for registration unless a particular consent has been endorsed on the lease document or has otherwise been dispensed with by the Registrar under the provisions of the Act;
|
| (f) |
a sectional plan drawn by a surveyor and approved by the authority responsible for land survey which plan shall—
| (i) |
delineate the external boundaries of the parcel and the location of the demised part of the land; |
| (ii) |
state and show the coordinates for the part of the land being leased; |
| (iii) |
state the approximate ground area of the part of the land being leased; |
| (iv) |
state and show the access road for the part of land being leased as per the standards approved by the relevant county government or regulatory body; |
| (v) |
state the developments (if any) being present on the Part of the land being leased; |
| (vi) |
have a unique number that is provided by the authority responsible for land survey; and |
|
| (g) |
a transfer of lease in Form LRA 63 set out in the Sixth Schedule; and
|
| (h) |
any other document or approval as may be required under the Act, these Regulations, or any other written law.
|
|
| (3) |
The sectional plan referred to in paragraph (2)(f) shall conform to the requirements of the Sectional Properties Act with such amendments as appropriate.
|
|
| 78. |
Surrender of lease
A surrender of a lease shall be in Form LRA 65 set out in the Sixth Schedule.
|
PART IX – INHIBITIONS, RESTRICTIONS AND CAUTIONS
| 79. |
Registration of a court order of inhibition
| (1) |
A person who wishes to register an inhibition pursuant to a court order issued under section 68(1) of the Act shall make an application to the registrar.
|
| (2) |
The application made under paragraph (1) shall be in Form LRA 66 set out in the Sixth Schedule.
|
| (3) |
An application under paragraph (1) shall be accompanied by the said court order, duly sealed, making specific reference to the parcel of land affected.
|
|
| 80. |
Registration of a caution
| (1) |
A person who wishes to register a caution, under section 71(3) of the Act, shall make an application to do so in Form LRA 67 set out in the Sixth Schedule.
|
| (2) |
The caution shall be registered in the property section of the register.
|
| (3) |
The Registrar shall issue, upon receipt of an application under paragraph (1), notice of caution, under section 72(1) of the Act to the proprietor whose land is affected by the caution in the Form LRA 68 set out in the Sixth Schedule.
|
| (4) |
A person who wishes to withdraw of a caution, under section 73(1) of the Act, shall apply for the withdrawal in Form LRA 69 set out in the Sixth Schedule.
|
| (5) |
An application for the removal of a caution under section 73(2) of the Act shall be made in Form LRA 70 set out in the Sixth Schedule.
|
| (6) |
The Registrar may issue, upon receipt of an application under paragraph (3), a notice to remove a caution, under section 73(2) of the Act, to the cautioner, in Form LRA 71 set out in the Sixth Schedule.
|
| (7) |
A cautioner may issue upon receipt of a notice under paragraph (4), a notice of objection to the removal of a caution, under section 73(4) of the Act, in Form LRA 72 set out in the Sixth Schedule to the Registrar.
|
| (8) |
The Registrar shall issue, upon receipt of a notice under paragraph (6), a notice of hearing on an application to remove a caution, under section 73(4) of the Act, in Form LRA 73 set out in the Sixth Schedule to the cautioner and the proprietor.
|
| (9) |
The Registrar may make an order under section 73(4) of the Act upon hearing an application to remove a caution.
|
| (10) |
The order made by the Registrar under paragraph (7) shall be in Form LRA 74 set out in the Sixth Schedule.
|
|
| 81. |
Registration of a restriction
| (1) |
An application for a restriction, under section 76 of the Act, shall be made in Form LRA 75 set out in the Sixth Schedule.
|
| (2) |
The Registrar shall issue, upon receipt of an application under paragraph (1), a notice of the intention to register a restriction under section 76(1) of the Act, in Form LRA 76 set out in the Sixth Schedule.
|
| (3) |
The Registrar shall issue, upon registering a restriction, a notice informing the proprietor of the registration of a restriction under section 77(1) of the Act in Form LRA 77 set out in the Sixth Schedule.
|
| (4) |
A person who wishes to remove or vary a restriction under section 78(1) of the Act, shall apply in Form LRA 78 set out in the Sixth Schedule.
|
| (5) |
Upon receipt of an application under paragraph (4), the registrar shall pursuant to section 78(1) of the Act issue a notice of intention to remove or vary a restriction in Form LRA 76.
|
| (6) |
The Registrar shall issue, upon registering a variation or removal of a restriction, a notice informing the proprietor of the variation or removal of a restriction under section 78(1) of the Act in Form LRA 79 set out in the Sixth Schedule.
|
|
PART X – EASEMENT AND ANALOGOUS RIGHTS
| 82. |
Grant of easement or analogous right
An owner of land or a lessor may grant an easement or an analogous right under section 98 in Form LRA 80 set out in the Sixth Schedule and the grant shall be noted in register.
|
| 83. |
Cancellation of easement or analogous right
A person occupying the dominant land may cancel an easement granted or an analogous right created under section 98 in Form LRA 81 set out in the Sixth Schedule and present the same to the registrar who shall record the cancellation on the register.
|
| 84. |
Consent from persons entitled to benefit from easement or analogous right
The registrar shall, before recording any application for cancellation of an easement or analogous right under regulation 83 in the register, require the consent of any lessee or lender for the time being entitled to the benefit of any easement or analogous right in Form LRA 82 set out in the Sixth Schedule.
|
| 85. |
Application for cancellation of grant of easement or analogous right
A person occupying the servient land may apply to the registrar who for the cancellation of grant of easement or analogous right under section 99(3) of the Act in Form LRA 83.
|
PART XI – OFFICIAL SEARCHES
| 86. |
Official Search
| (1) |
A person who wishes to conduct an official search shall apply in Form LRA 84 set out in the Sixth Schedule.
|
| (2) |
The Registrar may make such alterations as he deems just to the prescribed form under paragraph (1) for the purpose of facilitating an electronic search.
|
| (3) |
The Registrar shall furnish, upon receiving the application under paragraphs (1) or (2), a certificate of official search of the details in contained in the register in Form LRA 85 set out in the Sixth Schedule.
|
| (4) |
A certificate of official search obtained electronically may be relied on in the same manner as a certificate of official search that was obtained manually to the extent of the information it contains.
|
|
PART XII – FORMS
| 87. |
Use of forms
| (1) |
Subject to paragraph (2) the Registrar may make such modifications as may be required, from time to time, to enable the use of the prescribed forms electronically.
|
| (2) |
For the purposes of enabling electronic transactions, the Registrar may vary the appearance but not the content of a prescribed form.
|
| (3) |
Where the Act requires that an instrument shall be in a specified form, the Registrar shall not register such instrument if it is not in a specified form unless an approval is granted to register that instrument by the Registrar.
|
| (4) |
An application to use as an alternative form in place of the specified form may be made to the Registrar in Form LRA 86 set out in the Sixth Schedule or in such other form as the Registrar may, from time to time, approve.
|
| (5) |
An application under paragraph (4) shall be accompanied by a copy of the corresponding prescribed form and a copy of the alternative document.
|
| (6) |
The Registrar may grant the application made under paragraphs (4) on such terms as the Registrar considers fit.
|
| (7) |
A requirement in these rules to use a scheduled form is subject, where appropriate, to the provisions in these rules relating to the making of applications and issuing results of applications other than in paper form.
|
|
| 88. |
Execution of forms
| (1) |
Subject to paragraph (2), the manner of execution in the forms shall be as specified in the Fourth Schedule.
|
| (2) |
The execution of forms, in the cases for which they are provided, or are capable of being applied or adapted to, shall be with such alterations and additions, if any, as the Registrar may approve.
|
|
| 89. |
Format legibility and completeness of forms
| (1) |
A form completed as a based paper document shall be—
| (b) |
clearly and legibly completed in the English language; and
|
| (c) |
contain all the information required.
|
|
| (2) |
The signatures of persons attesting a form shall be on the same page as the name of person executing the instrument.
|
| (3) |
Subject to regulation 87(3), the format of a form may, in the case of electronic instruments, be varied by the Registrar as may be necessary to enable the use of the forms electronically.
|
|
PART XIII – ELECTRONIC REGISTRATION AND CONVEYANCING
| 90. |
Electronic dispositions
| (1) |
The register and documents required under the Act shall, where possible, be maintained in electronic form.
|
| (2) |
Transactions and dealings under the Act shall, where possible, be carried out in electronic form.
|
| (3) |
The Cabinet Secretary may, upon consultation with the Commission, issue guidelines from time to time, to enable—
| (a) |
the setting up of an electronic communications system under the Registrar's management and control, for maintaining the register in an electronic form and for enabling the carrying out of transactions under this Act which are capable of being effected electronically;
|
| (b) |
the access to the public of information maintained electronically;
|
| (c) |
the creation of electronic documents and instruments;
|
| (d) |
the recording or registration of electronic documents in the register;
|
| (e) |
the electronic generation and communication of applications for registration in the register;
|
| (f) |
the provision for a system of electronic payments in relation to transactions involving payment of fees; and
|
| (g) |
other ancillary matters necessary for improving the land registration system and service delivery generally.
|
|
| (4) |
Guidelines issued under paragraph (3) may—
| (a) |
regulating the making up and keeping of the register and any other register provided for under this Act in electronic format;
|
| (b) |
regulating the procedure to be followed by any person applying for information from any such register;
|
| (c) |
regulating the procedure to be followed by the persons authorised to apply for recording or registration in any such register;
|
| (d) |
regulating the procedure to be followed by the Registrar in relation to—
| (i) |
any such application; |
| (ii) |
making the documents and information required available; and |
| (iii) |
the recording or registration of electronic documents to which such an application relates; |
|
| (e) |
regulating the use of the system under paragraph (3)(a) in relation to—
| (i) |
the kinds of instruments which may be authorised for use in the system; |
| (ii) |
the persons who may be authorised to use the system having regard to the provisions of the Advocates Act on the qualification of persons who may draw and engross conveyancing documents and instruments; |
| (iii) |
the suspension or revocation of a person's authorisation to use the system; |
| (iv) |
the method of appeal against suspension or revocation under sub paragraph (iii); |
| (v) |
the imposition of obligations on persons using the system; and |
| (vi) |
the creation of deemed warranties (whether in favour of the Registrar or of other users) by persons using the system; |
|
| (g) |
specifying instruments which may be lodged electronically; and
|
| (h) |
specifying the instruments or transactions for which fees may be made by electronic means.
|
|
| (5) |
All instruments prepared electronically shall be subject to the same requirements as any other instrument under the Act or any law in force subject such modifications, relating to the format, required to enable the use of the instrument electronically.
|
|
PART XIV – CORRECTIONS, RECTIFICATIONS AND INDEMNITY
| 91. |
Corrections of an error on the register
| (1) |
An application for rectification of an error made on the register under section 79(1)(a) of the Act shall be in Form LRA 87 set out in the Sixth Schedule.
|
| (2) |
A consent to rectify an error on the register under section 79(1)(b) of the Act may be made by a company in Form LRA 88 set out in the Sixth Schedule.
|
| (3) |
A consent to rectify an error on the register under section 79(1)(b) of the Act may be made by an individual in Form LRA 89 set out in the Sixth Schedule.
|
|
| 92. |
Notice of rectification of register
| (1) |
The Registrar shall issue a notice to rectify the register under section 79(1)(c) of the Act, in Form LRA 90 set out in the Sixth Schedule to all persons interested in the rectification of the register.
|
| (2) |
The Registrar shall issue a notice of intention to rectify the register under 79(2) of the Act, in Form LRA 91 set out in the Sixth Schedule.
|
| (3) |
An order by a Registrar issued under section 79 of the Act shall be in Form LRA 92 set out in the Sixth Schedule.
|
|
| 93. |
Conduct of hearing for rectification of the register
| (1) |
The conduct of hearings under section 79(4) of the Act by the Registrar shall be in accordance with the Fifth Schedule.
|
| (2) |
The Registrar shall cause summons to issue in Form LRA 93 to any person who may be required to attend the hearing.
|
|
| 94. |
Court mandated alteration of the register
| (1) |
Where a Court orders rectification of a register, that order shall include a direction to the Registrar to alter the register in terms of the order.
|
| (2) |
Where the order under paragraph (1) changes the ownership details of the property on the register, the Registrar shall seek authentication from the court issuing the order provided that the authentication is sought within seven days of an application for the rectification.
|
| (3) |
The application for rectification shall be presented in Form LRA 94 set out in the Sixth Schedule and be accompanied by a copy of the order that is certified by the Court.
|
|
PART XVI – ADDRESS FOR SERVICE AND NOTICES
| 95. |
Detail of address of service
| (1) |
A person having an interest in any land shall, at the time of registration or such other time as the Registrar may specify, furnish the Registrar with their address for service in Kenya to which all notices and other communication may be sent.
|
| (2) |
The person referred to in paragraph (1) may be—
| (a) |
a registered proprietor of an interest in land;
|
| (b) |
a registered beneficiary of a unilateral notice;
|
| (d) |
a person whose consent or certificate is required for any instrument or disposition, or upon whom notice is required to be served by the Registrar; or
|
| (e) |
any other person under any order or restriction.
|
|
| (3) |
The address for service referred to in paragraph (1) shall contain—
| (a) |
a postal address, whether or not in Kenya;
|
| (b) |
subject to paragraph (7), where applicable, a post office box number in Kenya document exchange; and
|
| (c) |
an electronic address of a person referred to in paragraph (2).
|
|
| (4) |
Subject to paragraph (3), a person to whom paragraph (1) applies may give the Registrar a replacement address for service.
|
| (5) |
In this regulation an electronic address means—
| (b) |
any other the prescribed form of electronic address specified in a direction under paragraph (6).
|
|
| (6) |
lf the Registrar is satisfied that a form of electronic address, other than an e-mail address, is the suitable form of address for service he may issue a direction to that effect.
|
| (7) |
A direction under paragraph (6) may contain such conditions or limitations or both, as the Registrar considers appropriate.
|
|
| 96. |
Mode of service of notices by the Registrar
| (1) |
All notices which the Registrar is required to issue may be served—
| (a) |
by post, to any postal address in Kenya entered in the register as an address for service;
|
| (b) |
by post, to any postal address outside Kenya entered in the register as an address for service;
|
| (c) |
by electronic transmission to the electronic address entered in the register as an address for service;
|
| (d) |
by hand delivery through the National or County Government administration officers within the area of their jurisdiction; or
|
| (e) |
by any of the methods of service given in paragraphs (a), (b), (c) and (d) to any other address where the Registrar believes the addressee is likely to receive it.
|
|
| (2) |
The service of a notice under paragraph (1) shall be regarded as having taken place if—
| (a) |
for service under paragraph (1)(a), the notice is served within seven working days after being posted;
|
| (b) |
for service under paragraph (1)(c), the notice is served within the same day that it was posted;
|
| (c) |
for service under paragraph (1)(b), the notice is served within fourteen working days after being posted; and
|
| (d) |
for service to an electronic address, the notice is served within two working days after being transmitted.
|
|
| (3) |
In this regulation—
"post" means pre-paid delivery by a postal service, for delivery of documents within Kenya or outside Kenya as necessary; and
"working day" means any day from Monday to Friday (both days inclusive) between 6.00 a.m. and 6.00 p.m. unless that day declared to be a holiday under the Public Holidays Act.
|
|
PART XV – MISCELLANEOUS
| 97. |
Fees
| (1) |
No fees shall be payable for the registration of any instrument in respect of any dealing in favour of the National Government, County Government, National or County Government department or agency, public body or in respect of any application, notice, caution or search made, given or presented, by or on behalf of any of those persons or, where they are required for official purposes or for the issue of any copy, to any public officer.
|
| (2) |
Where a parcel is identified by reference to more than one sheet of the cadastral map, the sheets required to identify that parcel shall, for the purposes of the payment of any fees, be deemed to be one sheet only.
|
|
| 98. |
Assessment of fees
Where any fees are payable based on the value and no consideration is expressed in the instrument, the value for the purposes of assessing stamp duty shall be the estimated market value of the property.
|
| 99. |
Payment of fees
| (1) |
The fees payable for the registration of any instrument shall be by the methods specified in regulation 36.
|
| (2) |
The Registrar shall impress, on all instruments and on all copies thereof presented for registration, a stamp recording the date of presentation, and such impression shall, in the absence of fraud, be conclusive evidence of the date of presentation and that the fees stated in the instrument have been paid.
|
| (3) |
Unless the Registrar authorizes otherwise, fees in all cases, shall be paid through a designated bank account and a receipt of the amount paid shall be issued to the payee.
|
| (4) |
Where any fees are payable for the services of the Registrar or of the authority responsible for land survey cannot be assessed until the service required by an application has been completed, the Registrar may require the applicant to deposit with the Registrar such sum not exceeding the maximum amount of the prescribed fee as the Registrar may determine, and he may decline the application until such deposit has been made.
|
| (5) |
No fees paid to the Registrar in accordance with these Regulations shall be refunded except by order of the principal Secretary.
|
|
| 100. |
Production of document for inspection
A person required to produce an instrument for inspection under the Act shall produce the instrument to the Registrar within such period as the Registrar may specify in writing to that person.
|
| 101. |
Storage of instruments
| (1) |
Every instrument registered or noted on the register shall be copied, microfilmed or stored by any method for the purpose of preserving the records of the Registry.
|
| (2) |
The Registrar may forward any instrument, whether registered or not, to be stored in the Kenya National Archives and Documentation Service established under the Public Archives and Documentation Service Act, or in any relevant Government department.
|
|
| 102. |
Consideration
| (1) |
Where consideration is expressed in an instrument to constderatton have been paid to any party, the execution of the instrument by that party shall imply an acknowledgment of the receipt of such consideration.
|
| (2) |
Where an approved prescribed form expresses the consideration for a transaction in a particular manner, the expression of consideration in any other manner, or the omission to express any consideration at all, shall not constitute a substantial departure from the approved prescribed form.
|
|
FIRST SCHEDULE [r. 3]
OATH/AFFIRMATION OF THE OFFICE OF CHIEF LAND REGISTRAR/DEPUTY CHIEF LAND REGISTRAR/COUNTY LAND REGISTRAR/LAND REGISTRAR
I ........................................ having been appointed (the Chief Land Registrar/Deputy Chief Land Registrar/County Land Registrar/Land Registrar under section ...................... of the Land Registration Act, 2012 (Cap. 300) do solemnly (swear/declare and affirm) that I will at all times obey, respect and uphold the Constitution of Kenya and all other laws of the Republic; that I will faithfully and fully, impartially and to the best of my knowledge and ability, discharge the trust and perform the functions and exercise the powers devolving upon me by virtue of this appointment without fear, favour, bias, affection or prejudice. (SO HELP ME GOD).
Sworn/declared by the said ....................... at ....................
Before me this .............. Day of .........................
.......................................
Registrar of the High Court
SECOND SCHEDULE [r. 5(1)]
SEAL OF THE REGISTRY
THIRD SCHEDULE [r. 32(1)]
THE TIME LIMIT FOR SERVICES AT THE REGISTRY
|
Registration of Instruments /service
|
Time Frame
|
|
Transfer
|
Within 10 days
|
|
Charge
|
Within 10 days
|
|
Discharge
|
Within 7 days
|
|
Succession, correction of names, mutation/partition
|
Within 10 days
|
|
Power of Attorney
|
Within 7 days
|
|
Lease
|
Within 10 days
|
|
Cautions/withdrawals of caution
|
Within 10 days
|
|
Court orders/decree Attestation
|
Within 7 days
|
|
Issuance of search certificate
|
Within 5 days
|
|
Other instruments
|
Within 10 days
|
FOURTH SCHEDULE [r. 88(1)]
VERIFICATION OF INSTRUMENTS: PRESCRIBED OFFICERS AND OTHER PERSONS
| 1. |
Instrument executed in Kenya—
| (a) |
a person qualified to practice as an advocate;
|
| (b) |
a Judge, Magistrate or Kadhi;
|
| (c) |
the Registrar or the Deputy Registrar of the High Court;
|
| (e) |
a Superintendent of Prisons.
|
|
| 2. |
Instruments executed in foreign countries—
| (b) |
a Kenyan High Commissioner;
|
| (d) |
a Kenyan Head of Consulate.
|
|
FIFTH SCHEDULE [r. 93(1)]
PROCEDURE FOR HEARINGS BY THE REGISTRAR
| 1. |
The Registrar shall send a notice of hearing to all parties who have an interest in the parcel.
|
| 2. |
The notice of hearing shall indicate the date, time and place of the hearing.
|
| 3. |
A party may be represented at any stage of the proceedings by an advocate.
|
| 4. |
A party who opts to be represented by an advocate shall communicate with the Registrar through their advocate.
|
| 5. |
The Registrar shall communicate with a party who opts to be represented by an advocate only through the party's advocate.
|
| 6. |
If a party ceases to be represented by their advocate, the advocate or the party shall promptly notify the Registrar in writing.
|
| 7. |
The Registrar may require a party to a proceeding to produce a document that the Registrar deems necessary for effective determination of the matter.
|
| 8. |
The languages to be used during a hearing shall be Kiswahili or English.
|
| 9. |
Notwithstanding paragraph 8, the Registrar may seek the services of an interpreter, where the parties are not able to communicate in either Kiswahili or English.
|
| 10. |
The Registrar shall keep a record of the proceedings of the hearing in English.
|
| 11. |
A decision made by the Registrar shall be communicated to the parties or their advocates, whichever is applicable, within twenty one days from the date when the hearing is determined.
|
| 12. |
The Registrar may make any consequential orders in addition to the decision made under paragraph 11.
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SIXTH SCHEDULE
PRESENTATION BOOK
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Form LRA 1
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(r. 7(2))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT (Cap. 280)
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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PRESENTATION BOOK
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S/No
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DESCRIPTIONOFINSTRUMENT
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NAME OFREGISTRATIONCLERK ANDDATE PASSED
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DATEENTRIES COMPLETED
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DATETITLE PRINTED
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DATE OFACTUAL REGISTRATION BY REGISTRAR
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DATEDISPATCHED
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REMARKS
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Title Number
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Name of Instru-ment
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Date Presented
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Name
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Date
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_______________________________
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Form LRA 2
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(r. 16(1))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT (Cap. 280)
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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THE LAND REGISTER (Absolute Titles)
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PART A - PROPERTY SECTION
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EDITION:
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OPENED:
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REGISTRATION UNIT:
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EASEMENTS, ETC
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NATURE OF TITLE
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REGISTRATIONSECTION:SECTION:
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ABSOLUTE
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BLOCK NUMBER:
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PARCEL NUMBER:
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APPROXIMATE AREA (Ha.)
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CADASTRAL MAP SHEET No.:
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CADASTRAL PLAN No.:
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USER:
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REMARKS
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PART B - PROPRIETORSHIP SECTION
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ENTRYNO.
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DATE
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NAME OF PROPRIETOR
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I.D/PASSPORT NO
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PINNO
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NATIONALITYOR COUNTRYOFINCORPORATION
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ADDRESS IN KENYA,(physical& postal address); TELEPHONE&EMAIL
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CERTIFICATEOFINCORPORATION/CERTIFICATEOF COMPLIANCENO.
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CONSIDERATION
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NAMEOFSPOUSE(S)(IF ANY)
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SIGNATUREOFREGISTRAR
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PART C - ENCUMBRANCES SECTION
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ENTRY NO.
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DATE
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NATURE OFENCUMBRANCE
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FURTHERPARTICULARS
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SIGNATURE OFREGISTRAR
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(To be printed on blue paper)
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__________________________
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Form LRA 3
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(r. 16(2))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT (Cap. 280)
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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THE LAND REGISTER (Leasehold)
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PART A - PROPERTY SECTION
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EDITION:
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OPENED:
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REGISTRATION UNIT:
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PARTICULARS OF LEASE
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NATURE OF TITLE
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LESSOR:FOR INDIVIDUALS: ID No. /PASSPORT No.FOR BODY CORPORATES:CERTIFICATE OF INCORPORATION REGISTRATION No.PIN NO.NATIONALITY:ADDRESS FOR SERVICE IN KENYAPHYSICAL & POSTAL ADDRESS:TELEPHONE:EMAIL:
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LEASEHOLD
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REGISTRATION SECTION:
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BLOCK No:
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PARCEL NO:
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LESSEE:FOR INDIVIDUALS ID No./PASSPORTNo.FOR BODY CORPORATES:CERTIFICATE OF INCORPORATION/REGISTRATION NO;PIN NO.NATIONALITY;ADDRESS FOR SERVICE IN KENYAPHYSICAL & POSTAL ADDRESS;TELEPHONE:EMAIL:
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AREA:(APPROX.)
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CADASTRAL
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RENT: TERM
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MAP SHEET NO:
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FROM:
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CADASTRAL PLAN NO.:
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N.B.1. FOR CONVENANTS AND CONDITIONS OF THE LEASE SEE THE REGISTERED LEASE2. WHERE THE LEASE IS OF A PART OF A PARCEL THE PARCEL NUMBER SHOWN ON THE FILED PLAN
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USER:
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REMARKS
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CONSENT REQUIRED:
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PART B - PROPRIETORSHIP SECTION
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ENTRYNO.
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DATE
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NAME OF PROPRIE-TOR
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NATIONALITY OR COUNTRY OF INCOR-PORATION
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ADDRESS IN KENYA (physical & postal address );TELE PHON E& EMAIL
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ID/PASS-PORT NO. /CERTIFI-CATE OF INCORPOR ATION/CER TIFICATE OF COMPLIAN CE NO.
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PIN NO
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CONSI-DERATION
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SPOUSE(S) DIS-CLOSED
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SIGNATURE OF REGISTRAR
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PART C - ENCUMBRANCES SECTION
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ENTRY NO.
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DATE
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NATURE OF EMCUMBRANCE
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FURTHER PARTICULARS
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SIGNATURE OF REGISTRAR
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(To be printed in yellow paper)
_______________________________
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Form LRA 4
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(r. 16(3))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT (Cap. 280)
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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REGISTER OF POWERS OF ATTORNEY
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InstrumentSerial No.
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Land TitleNo.
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Donor
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Donee
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Date ofPresenta tion
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Date ofRegistration
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Date ofRevocation
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_______________________________
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Form LRA 5
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(r. 17)
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT (Cap. 280)
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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GENERAL POWER OF ATTORNEY
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TITLE NUMBER: .........................................
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Date of Instrument
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Registered Proprietor /Donor
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The Donee:
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Name: ..........................................................................................................Registration No. (if applicable) ...............................................................Postal Address: .........................................................................................Address for Service: .................................................................................Tel. No. .......................................................................................................Email address: ...........................................................................................
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The Donor HEREBY APPOINT(S) the Donee to be the Attomey of the Donor and generally in relation to the Donor's interest in the above-mentioned Title to do anything and everything that the Donor could do, and for the Donor and in the name of the Donor to execute all such instruments and to do all such acts, matters and things as may be necessary or expedient for carrying out the powers hereby given.
SIGNED as a Deed by the Donor day of .................. 20 ..........
EXECUTION
IN WITNESS WHEREOF this power of Attorney has been duly executed this .............. day of ............ 20 .............
REGISTERED in the Register of Powers of Attorney as No. ............ this ........... day of .............. 20 ..............
SIGNED:
LAND REGISTRAR Seal ...................
Name:............................. Registrar's Stamp/No. ................
Signature:......................
Drawn By:
Notes:
* indicate: Name; I.D/Passport No./PIN. If corporate body, provide registration details.
_______________________________
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Form LRA 6
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(r. 18)
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT (Cap. 280)
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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SPECIFIC POWER OF ATTORNEY
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TITLE NUMBER: .......................................
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Date of Instrument
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RegisteredProprietor/Donor
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The Donee:
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Name:........................Registration No. ( if applicable)................Postal Address:..........................Address for Service:............................Tel. No:........................................Email address:.............................
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Power limited to the following
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Donee has power to do the following specific acts in the name of the Donor:**..........................................................................................................................................
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The Donor HEREBY APPOINT(S) the Donee to be the Attorney of the Donor and to perform the specific acts noted above in relation to the Donor's interest in the above-mentioned Title and within this scope in the name of the Donor to execute all such instruments and to do all such acts, matters and things as may be necessary or expedient for carrying out the powers hereby given.
SIGNED as a Deed by the Donor .............. day of ................. 20.........
REGISTERED in the Register of Powers of Attorney as No. ............. this day of ............. 20 ...........
SIGNED:
LAND REGISTRAR Seal ..........................................
Name:................... Registrar's Stamp/No ................
Signature:.......................
Drawn By:
Notes
* indicate: Name; I.D/Passport No./PIN. If corporate body provide registration details.
**Give specific details of the powers donated to the Donee.
_______________________________
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Form LRA 7
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(r. 19)
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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IRREVOCABLE POWER OF ATTORNEY
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TITLE NUMBER: .......................................
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Date of Instrument
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RegisteredProprietor/Donor
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*
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The Donee:
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Name:........................Registration No. (if applicable) ................Postal Address: ..........................Address for Service:............................Tel. No: ........................................Email address: .............................
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Consideration
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| 1. |
IN CONSIDERATION of .................................... from the Donee to the Donor (receipt whereof is hereby acknowledged by the Donor) the Donor HEREBY APPOINT(S) the Donee to be the Attorney of the Donor and generally in relation to the Donor's interest in the above-mentioned title to do anything and everything that the Donor could do, and for the Donor and in the name of the Donor to execute all such instruments and to do all such acts, matters and things as may be necessary or expedient for carrying out the powers hereby given.
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| 2. |
The power granted herein is irrevocable.
SIGNED as a Deed by the Donor on .................. 20 ...............
EXECUTION
IN WITNESS WHEREOF this power of Attorney has been duly executed this .......... day of ................. 20 ..............
REGISTERED in the Register of powers of Attorney as No. ........... this .......... day of ............. 20 ...........
SIGNED:
LAND REGISTRAR Seal ............
Name: ................... Registrar's Stamp/No. .................
Signature: .......................
Drawn By:
Notes
*indicate: Name; I.D/Passport No./PIN. If corporate body provide registration details.
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_______________________________
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Form LRA 8
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(r. 20)
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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NOTICE OF REVOCATION OF A POWER OF ATTORNEY
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TITLE NUMBER:. .................................
Date of Instrument of Notice
Applicant - Person Giving Notice*
Registered Proprietor/Donor*
The Donee:*
| 1. |
The Applicant noted above HEREBY GIVE NOTICE that the Power of Attorney filed in the register of powers of attorney as No. ................... has been revoked:—
| (b) |
by the death / bankruptcy/ disability of the Donor*; or
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| (c) |
by the death / disability of the Donee.*
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| 2. |
And the Applicant attaches the following documents in support thereof:
| (a) |
...................................................................
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| (b) |
...................................................................
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| (c) |
..................................................................
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EXECUTION
IN WITNESS WHEREOF this revocation of Power of Attorney has been duly executed this ........ day of .............. 20 .............
SIGNED by the Applicant
in the presence of:—
ADVOCATE
ID/Passport No. ..................................
PIN No. ...................................................
Signature .............................................
Certificate of Verification
I CERTIFY that the above-named ......................... appeared before me on the ............... day of ................... 20 ............. and being known to me/being identified by*............ of ......... acknowledge the above signatures or marks to be his/hers/theirs and that he/she/they had freely and voluntarily executed this instrument and understood its contents.
Signature and Designation of Person Certifying**
REGISTERED in the Register of Powers of Attorney as No. ......... this ................ day of ............... 20 ................
LAND REGISTRAR
Seal ........................................
Name: ............................ Registrar's Stamp/No. ..............
Signature: .....................
Drawn By:
Notes:
*indicate: Name; I.D/Passport No./PIN. If corporate body provide registration details.
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_______________________________
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Form LRA 9
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(rr. 21(2), 22(1)(d), 70(1) and 71(1))
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(To Be Filled In Quadruplicate)
|
Fees Paid in respectof the following:
|
For Official UseOnly
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Item
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ReceiptNumber
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Amount
|
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RegistrationFee
|
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Title Fee
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Total Amount
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RECEIVED:
|
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The Conditions on the Back of this Form shall be complied with
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|
|
|
REPUBLIC OF KENYA
|
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THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
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GENERAL APPLICATION FOR REGISTRATION
|
I hereby apply for the registration of the under mentioned instruments in the following order of priority:—
|
Date ofInstrument
|
Description
|
Title Number
|
Booking Number
|
For Official Useonly
|
|
.
|
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|
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|
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I/we apply/Do notapply for: Certificate ofTitle /Certificate of Lease
|
|
The following documents are enclosed:—
|
|
Document/Instrument**
|
Title No
|
confirmed
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Name in Block Capitals ........................
Postal Address.................... Tel No. ...............
Email Address .......................
Signature ................... Date .................. 20 .................
Special instructions, including in appropriate cases the name and address of the person to whom the documents are to be sent if other than the presentor:—
(The conditions on the back of this form must be complied with)
*Delete whichever fee is not applicable
**provide list of all the documents provided to support registration
Add documents as appropriate
[P.T.O.]
CONDITIONS
| 1. |
Every instrument presented for registration, unless it has been prepared by the Registrar, must be accompanied by this form.
|
| 2. |
The form must be completed, in triplicate, accurately in accordance with these conditions. Failure to do io may result in the rejection of the application. The information supplied by the presentor must appear legibly in English. If registration is sought at different registries, separate applications accompanied by the instrument must be addressed to each.
|
| 3. |
Delete from the list of enclosed documents those, which are not appropriate, and add any additional enclosures.
|
| 4. |
Fees must be paid before submitting the application.
|
| 5. |
Applications may be submitted as follows:—
| (a) |
by post, addressed to the appropriate Registrar;
|
| (b) |
by hand, delivered at the appropriate registry;
|
|
| 6. |
The priority of registration is not established until the application is received by the Lands registry and a Booking Number is provided.
|
| 7. |
Documents represented for registration after they have been rejected must be accompanied by a fresh set of forms of application duly completed.
|
| 8. |
The documents shall be presented by either party to the transaction or an authorised agent. For purposes of this application, an authorised agent means a person registered by a professional body.
FOR OFFICIAL USE ONLY
|
To: - THE UNDERMENTIONED PRESENTORA. The documents presented for registration are returned duly registered together with all the documents applied for.B. The documents presented for registration are returned unregistered. I am unable to register because:........................................................................................................................................LAND REGISTRARName ...............................................Signature: .......................................
|
DESPATCHED
|
RECEIVED
|
|
|
...... DUPLICATE...
|
|
The Conditions on the Back of this Form shall be complied with
|
|
...............................................................................................
|
|
_______________________________
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
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APPLICATION TO BE NOTED IN THE REGISTER AS A SPOUSE
|
|
TITLE NO: ....................................
|
|
Date of Application
|
|
|
Registered Proprietor
|
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Name of Applicant
|
|
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Address for Service of Applicant (Note that the address(es) will be entered in the register and used for correspondence and the service of notice):
|
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Email of Applicant
|
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|
Telephone Number of Applicant
|
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| 1. |
The Applicant as a spouse of the registered proprietor HEREBY APPLIES to be noted in the register as a spouse.
|
| 2. |
ln support of this Application the Applicant has attached a statutory declaration and supporting documents.
Dated this ................. day of ............................ 20 .................
Note: If you dishonestly enter information or make a statement that you know is, or might be, untrue or misleading, and intend by doing so to make a gain for yourself or another person, or to cause loss or the risk of loss to another person, you may commit the offence of fraud.
EXECUTION:
|
I CERTIFY that the above-named ..................... appeared before me on the ............... day of ..................... 20 ...................... and being known to me/being identified by* .............. of .................. acknowledge the above signatures or marks to be his/hers and that he/she had freely and voluntarily executed this instrument and understood its contents. ................ Signature and Designation of Person Certifying**
|
LAND REGISTRAR
Name:
Signature:
|
STATUTORY AND GENERAL APPLICATIONS ACT
I, ...................................... (in support of this Application) do hereby sincerely declare as follows:—
| 1. |
THAT I am the spouse of the ......................... the registered proprietor by virture of the following:
...............................................................................................
...............................................................................................
|
| 2. |
I attach the following supporting documents:
| (a) |
A duly certified copy of a marriage certificate dated [] under the .................;
|
| (b) |
..........................................................;
|
| (c) |
A copy of the search report in respect of the property.
|
I make this declaration conscientiously believing the same to be true and according to the Oaths and Statutory Declaration Act.
DECLARED before me at
..................................................
on the ............... day of ......................... 20 ..............
Drawn by
|
_______________________________
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|
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Form LRA 11
|
(r. 23(3))
|
|
REPUBLIC OF KENYA
|
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THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
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NOTICE OF INTENTION TO NOTE A SPOUSE IN THE REGISTER
|
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TITLE NUMBER: .............................................
|
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Date of Application
|
|
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Name of Applicant and ID/Passport Number
|
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Postal Address of the Applicant
|
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E-mail Address of the Applicant
|
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Telephone Number of the Applicant
|
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The Proprietor
|
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The Registrar having received an application to be noted in the register as a spouse from the above named Applicant HEREBY NOTIFIES the Proprietor that the Applicant will be noted in the register as a spouse at the expiry of thirty (30) days from the date of posting this Notice unless an objection is received from the Proprietor before the expiry of the notice period.
Dated this ............... day of .................. 20 ...........
ISSUED by the Registrar
|
|
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Seal .....................................
|
REGISTRAR
Name: ....................... Registrar's Stamp / No. ..............
Signature: ........................
_______________________________
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Form LRA 12
|
(rr. 27(1), 31(3))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
APPLICATION FOR REPLACEMENT CERTIFICATE OF TITLE/LEASE ON LOSS/DESTRUCTION OF A PREVIOUS TITLE
|
|
TITLE NUMBER: ..................................
|
|
Date of Application
|
|
|
Applicant*
|
|
| 1. |
The proprietor HEREBY APPLIES for the issue of the above new Certificate of Title/Lease on the following grounds:
| (a) |
The Certificate of Title/Lease has been lost; or
|
| (b) |
The Certificate of Title/Lease has been destroyed.
|
|
| 2. |
In support of this Application the proprietor:
| (a) |
Undertakes to deliver to the Registrar the old Certificate of Title Lease if found for cancellation.
|
| (b) |
Attaches a statutory declaration.
|
| (c) |
Attaches the following supporting documents:—
| (ii) |
Certified copies of National Identity Card/Passport of the registered Proprietor(s). |
| (iii) |
Certified copies of certificate of registration/incorporation as well as copies of National Identity Cards/Passport of the directors/partners/officials who have sworn the statutory declaration in the case of a registered entity. |
| (iv) |
Colour passport sized photos of the individual registered Proprietors or person(s) making the statutory declaration. |
| (v) |
In the case of a registered entity, certified extract of the resolution of the entity seeking an application for a replacement title. |
| (vi) |
An official search from the registration office where the entity is registered. |
| (vii) |
An official search in respect of the Property and/or any other document evidencing ownership of the property. |
|
EXECUTION
IN WITNESS WHEREOF this application of a loss or destroyed certificate of Title/lease has been duly executed by the Proprietor.
LAND REGISTRAR
Name: ........................ Registrar's Stamp/No. .................
Signature: .............................
|
_______________________________
|
|
|
|
|
|
|
Form LRA 13
|
(r. 27(2))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
NOTICE FOR ISSUE OF A REPLACEMENT TITLE
|
WHEREAS ............................. of Post Office Box Number .................... is the registered proprietor(s) of all that property(ies) known as ...................... situate ................... County by virtue of a Certificate of Title/Lease and WHEREAS sufficient evidence has been adduced to show that the said Certificate of Title/Lease has been lost notice is hereby given that after the expiry of Sixty (60) days from the date hereof I shall issue a Replacement Title provided that no objection has been received within that period.
Dated this ............. day of ............... 20 ..............
LAND REGISTRAR
_______________________________
|
|
|
|
|
|
|
|
|
|
|
|
|
Form LRA 14
|
(r. 28(1), 29(1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
|
|
|
|
|
|
APPLICATION FOR RECONSTRUCTION OF A LAND REGISTER
|
|
TITLE NUMBER: .......................................
|
|
Date of Application
|
|
|
Applicant*
|
|
|
Registration Details (ID/Passport/ Registration No.)
|
|
|
Address in Kenya (Postal and Physical)
|
|
|
E-mail address
|
|
|
Telephone Number
|
|
| 2. |
The registered proprietor ofthe above noted property is:
|
Name:
|
|
Address:
|
|
ID Registration details
|
|
| 2. |
| (a) |
the registered proprietor ofthe above noted property; or
|
| (b) |
the person entitled to make this application pursuant to1......
|
HEREBY APPLIES for the reconstruction of the land register.
|
| 3. |
ln support of this Application the Applicant attaches:
| (b) |
Deed of Indemnity (if the Applicant is the registered proprietor)
|
| (c) |
The following supporting documents:—
| (i) |
Certified copies of National Identify card/Passport of the registered Proprietor(s). |
| (ii) |
Certified copies of certificate of registration/incorporation as well as copies of National Identity Cards/Passport of the directors/partners/officials who have sworn the statutory declaration in the case of a registered entity. |
| (iii) |
Colour passport sized photos of the individual registered Proprietors or person(s) making the statutory declaration. |
| (iv) |
In the case of a registered entity, certified extract of the resolution of the entity seeking an application for a replacement title. |
| (v) |
An official search from the registration office where the entity is registered. |
| (vi) |
An oflicial search in respect of the Property and/or any other document evidencing ownership of the property. |
|
EXECUTION
IN WITNESS WHEREOF this application of a loss or destroyed certificate of Title/lease has been duly executed by the Proprietor.
_________________
1 Provide details of the basis and capacity of the applicant to make this application
LAND REGISTRAR
Name: ......................... Registrar's Stamp/No. .................
Signature: ..........................
|
I, ................................ (in support of this Application) do hereby sincerely declare as follows:—
.........................................................................................................
.........................................................................................................
I make this declaration conscientiously believing the same to be true and according to the Oaths and Statutory Declaration Act.
*The Applicant should be the registered Proprietor or the person entitled thereto under the Law.
_______________________________
|
Form LRA 15
|
(r. 28(2), 29(2))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
|
|
|
|
IN THE MATTER OF AN APPLICATION FOR A REPLACEMENT OF CERTIFICATE OF TITLE/LEASE
|
|
THE LAND REGISTRATION ACT
|
|
TITLE NUMBER: ....................................
|
|
STATUTORY DECLARATION BY A BODY CORPORATE
|
|
|
I, ............................................ of National Identity Card Number [or Passport Number] ................................ and of [postal address code and town and country]
SOLEMNLY AND SINCERELY DECLARE as follows:—
| 1. |
THAT I am a director of [provide name address and Registration Number of the Corporate Entity ("the company") and duly authorized to swear this affidavit on behalf of the Company.
|
| 2. |
THAT the Company is the registered proprietor of ALL THAT piece of land known as Title Number ....................... together with the improvements erected and being thereon ("the Property"). Attached herewith and marked [.............] is an official search of the register relating to the Property issued within 30 days of this declaration by the ............... Land registry on .......................
|
| 3. |
THAT the title to the Property is comprised in a certificate of title/Lease.
|
| 4. |
THAT the original Certificate of Title/Lease relating to the Property has been lost and/or misplaced and despite all efforts to search for it among the Company's records and documents, I have failed to trace or find the said Certificate of Title/Lease and I verily believe that the same has been lost and cannot be found. A Police Abstract reporting the loss of the said Certificate of Title/Lease is attached and marked "......................"
ALTERNATIVE*
THAT the original certificate of Title/Lease relating to the property has been destroyed by ..................... A police Abstract reporting the destruction of the said Certificate of Title/Lease is attached and marked ......................
|
| 5. |
THAT I hereby confirm that the said Certificate of Title/Lease has not been deposited by way of pledge or given as security for a loan to any person, firm, company, bank or any financial institution other than as stated in the official search.
|
| 6. |
THAT I shall return the Certificate of Title/Lease to the Land Registrar whenever the same is found.
|
| 7. |
THAT I make this declaration in support of an application made under the Land Registration Act (Cap. 300) to the Land Registrar seeking a replacement Certificate of Title/Lease in lieu of the aforesaid lost/destroyed document and make this declaration conscientiously believing the same to be ffue and according to the Oaths and Statutory Declarations Act (Cap. 15).
DECLARED by the said)
at ..................... this .................)
day of 20)
in the presence of)
)
)
)
COMMISSIONER FOR OATHS)
*Delete whichever is not applicable.
|
_______________________________
|
|
|
|
Form LRA 16
|
(r. 28(3), 29(3))
|
|
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
|
|
|
IN THE MATTER OF AN APPLICATION FOR
REPLACEMENT OF CERTIFICATE OF TITLE/LEASE
THE LAND REGISTRATION ACT
TITLE NUMBER:............................
STATUTORY DECLARATION BY A NATURAL PERSON
I, ................................ of Post Office Box Number ..................... Nairobi in [the Republic of Kenya] take oath and swear as follows:
| 1. |
THAT I am [together with .......................] the registered proprietor of ALL THAT property noted in Title Number .......................... ("the Property"). Attached herewith and marked [......................] is an official search of the register relating to the Property issued within 30 days of this declaration by the ........................ Land registry.
|
| 2. |
THAT the title to the Property is comprised in a Certificate of Title/Lease.
|
| 3. |
THAT the original Certificate of Title/Lease relating to the Property has [been lost and/or misplaced] and despite all efforts to search for it I have failed to trace or find it and I verily believe that the same has been lost and cannot be found. A Police Abstract reporting the loss of the said Certificate of Title/Lease is attached and marked "...................."
ALTERNATIVE*
THAT the original certificate of Title/Lease relating to the Property has been destroyed by ............................. A Police Abstract reporting the destruction of the said Certificate of Title/Lease is attached and marked "............................."
|
| 4. |
THAT I hereby confirm that the said Certificate of Title/Lease has not been deposited by way of pledge or given as security for a loan to any person, firm, company, bank or any financial institution other than as stated in the official search.
|
| 5. |
THAT I shall return the Certificate of Title/Lease to the Land Registrar whenever the same is found.
|
| 6. |
THAT I make this declaration in support of an application made under the Land Registration Act (Cap. 300) to the Land Registrar seeking a replacement Certificate of Title/Lease in lieu of the aforesaid lost/destroyed document and make this declaration conscientiously believing the same to be true and according to the Oaths and Statutory Declarations Act (Cap. 15).
SWORN at by the said)
this)
day of ...................... 20 .............)
)
)
)
)
)
)
BEFORE ME:)
)
)
)
)
)
)
COMMISSIONER FOR OATHS)
*Delete whichever is not applicable.
|
_______________________________
|
Form LRA 17
|
(rr. 28(4), 29(4))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
DEED OF INDEMNITY
|
THIS DEED OF INDEMNITY is made the ...................... day of ..................... two thousand and .................. by [.............] a limited liability company incorporated in the Republic of Kenya whose address is care of Post Office Box Number Nairobi in the said Republic (hereinafter called "the Owner").
WHEREAS:-
| 1. |
The Owner is registered as proprietor as owner from the Government of the Republic of Kenya of ALL THAT piece of land situate ......................... (hereinafter called "the property").
|
| 2. |
The Advocates for the Owner have applied for a search over the Property and have been informed by the Officers (hereinafter defined) that the Deed file relating to the Property cannot be traced at the Land Titles Registry and that to carry out a search, the said Deed File is required to be reconstructed for which purpose the Owner has been requested to issue this Deed of Indemnity.
|
| 3. |
The Owner has not caused and is in no way involved with the disappearance of the original Deed file.
|
| 4. |
The Owner is desirous of reconstructing the Deed File.
|
| 5. |
This Deed of Indemnity is supplemental to the Affidavit annexed hereto sworn by the Owner.
NOW THIS DEED WTTNESSETH that the Owner shall indemnify and hold harmless the Government of the Republic of Kenya its officers and agents ("the Officers") from and against all actions proceedings claims demands costs expenses and losses whatsoever arising from the reconstruction of the Deed file ("the Losses") PROVIDED THAT the Losses arise out of a fraud or illegality on the part of the Owner and PROVIDED FURTHER THAT the indemnity contained herein shall determine on the date on which the Owner ceases to be the registered proprietor of the Property.
IN WITNESS WHEREOF the Owner has hereunto caused its Common Seal to be hereunto affixed the day and year first hereinbefore written.
SEALED with the Common Seal of the Owner )
in the presence of:— )
)
)
Director
)
)
Director/Secretary
|
_______________________________
|
|
|
|
Form LRA 18
|
(r. 28 (5), 29(5))
|
|
|
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
NOTICE FOR RECONSTRUCTION OF LOST OR DESTROYED LAND REGISTER
|
WHEREAS ................................. of Post Office Box Number ................. is the registered proprietor of all that property known as ...................... situate in ....................... County AND WHEREAS the land register in respect thereof is lost destroyed and efforts made to locate the said land register have failed notice is given that after the expiry of sixty (60) days from the date hereof, the land register shall be reconstructed provided that no objection has been received with that period.
Dated this .............. day of .............. 20..........
LAND REGISTRAR
_______________________________
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
|
APPLICATION FOR ISSUE OF A CERTIFICATE OF TITLE/LEASE*
TITLE NUMBER .......................................
|
Date of Application
|
|
|
Proprietor
|
|
|
ID/Passport/CompanyRegistration No. of the Proprietor(if any)
|
|
| 1. |
The Proprietor HEREBY APPLIES for the issue of the above Certificate of Title/Lease*
|
| 2. |
In support of this Application, the Proprietor has attached statutory declaration and supporting documents.
Dated this ............. day of ..................20 ...........
***Delete where not appropriate**
EXECUTION:
LAND REGISTRAR
|
I, ..................................... (in support of this Application) do hereby sincerely declare as follows:—
...............................................................................................
........................................................................................
I make this declaration conscientiously believing the same to be true and according to the Oaths and Statutory Declaration Act.
*The Applicant should be the registered Proprietor or the person entitled thereto under the Law.
_______________________________
|
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
Serial Number [..........] for [.........] County*
|
TITLE No. ..............................................
AREA ......................................... HA (APPROX)
This is to certify that ...........................................................
......................................................................................................
is (are) now registered as the absolute proprietor(s) of the land comprised in the above-mentioned title, subject to the entries in the register relating to the land and such of the overriding interests set out in section 28 of the Land Registration Act as may for the time being subsist and affect the land.
GIVEN under my hand and the seal of the .......................... Land Registry
this ............... day of ........................, 20 ..............
....................................
Registrar
(To be completed only when the applicant has paid Kshs. .................)
*the Govemment Printer to include details as advised
Serial Number [...............] for [...............] County*
At the date stated on the front hereof, the following entries appeared in the register relating to the land:—
|
EDITION
|
PART A - PROPERTY SECTION
|
|
OPENED
|
|
|
|
|
|
|
REGISTRATION UNIT
|
EASEMENTS ETC.
|
NATURE OF TITLE
|
|
|
|
|
|
ABSOLUTE
|
|
BLOCK NO.
|
|
|
|
|
|
|
|
|
|
PARCEL NO.
|
|
|
AREA Ha. (APPROX)
|
|
|
|
|
|
CADASTRAL MAP SHEET NO.
|
|
|
|
|
|
CADASTRAL PLAN NO.
|
|
|
|
|
|
USER:
|
REMARKS: (provide details of change of use or any restriction thereof)
|
|
|
|
|
|
PART B - PROPRIETORSHIP SECTION
|
|
ENTRY NO.
|
DATE
|
NAME OF REGISTERED PROPRIETORNATIONALITY
|
ADDRESS OFSERVICE INKENYANATIONAL ID No.PASSPORT No.:CERTIFICATEOFINCORPORATIONNo.
|
CONSIDERATIONANDREMARKS
|
SIGNATUREOFREGISTRAR
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
PART C - ENCUMBRANCES SECTION
|
|
ENTRY NO.
|
DATE
|
NATURE OF ENCUMBRANCE
|
FURTHER PARTICULARS
|
SIGNATURE OF REGISTRAR
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Land Registrar
|
|
[P.T.O.]
|
|
(Heading as in Form LRA-1)
|
|
Serial Number [..........] for [.........] County*
|
_______________________________
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
Serial Number [..........] for [.............] County*
|
TITLE No. ..........................................................
AREA ......................................................... HA (APPROX.)
RENT ................................................................
TERM ............................ YEARS FROM ...........................
THIS IS TO CERTIFY THAT .................................................
Is (are) now registered as the proprietor(s) of the leasehold interest above referred to, subject to the agreements and other matters contained in the registered Lease, to the entries in the register relating to the Lease and such of the overriding interests set out in section 28 of the Land Registration Act as may for the time being subsist and affect the land comprised in the Lease.
GIVEN under my hand and the seal of the ................... Land Registry this ................ day of ..............., 20 ...........
Registrar
Name: ....................... Stamp / No. ...............
Signature: ..................................
At the date stated on the front hereof, the following entries appeared in the register relating to the land:—
|
EDITION
|
|
|
|
OPENED:
|
SECTION
|
PART A-PROPERTY
|
|
REGISTRATION UNIT:
|
PARTICULARS OF LEASE
|
NATURE OF TITLE
|
|
REGISTRATIONSECTION:
|
LESSOR:
|
|
|
BLOCK NUMBER:
|
|
|
|
PARCEL NUMBER:
|
|
LEASEHOLD
|
|
APPROXIMATE AREAHa.
|
LESSEE: ID /PASSPORTNO. I CERTIFICATE OFINCORPORATION NO. /CERTIFICATE OF COMPLIANCE
|
|
|
|
PIN NO. PHYSICALADDRESS: POSTALADDRESS:
|
|
|
CADASTRAL MAP SHEETNO.
|
TERM: FROM:RENT:
|
|
|
CADASTRAL PLAN NO.
|
FOR APPURTENANCES,SEE THE REGISTEREDLEASE. NB. WHERE THE LEASE IS OF A PARCEL THE PARCEL NUMBER REFERS TO THENUMBER SHOWN ON THE FILED PLAN
|
|
|
USER
|
REMARKS (providedetailsof change of use orany restriction thereof)
|
|
PART B - PROPRIETORSHIP SECTION
|
PART B - PROPRIETORSHIP SECTION
|
|
ENTRY NO.
|
DATE
|
NAME OFREGISTEREDPROPRIETOR
|
ADDRESSAND DESCRIPTION OFREGISTERED PROPRIETOR
|
CONSIDERATIONS AND REMARKS
|
SIGNATUREOF THE REGISTRAR
|
|
RESTRICTED: NODISPOSITION BY THE PROPRIETOR SHALL BE REGISTEREDWITHOUT THE WRITTEN CONSENT OF THELESSOR (S. 48)
|
|
|
.
|
|
|
|
|
|
|
.
|
|
|
|
|
|
|
PART C- ENCUMBRANCESSECTION
|
|
|
ENTRY NO.
|
DATE
|
NATURE OFENCUMBRANCE
|
FURTHERPARTICULARS
|
SIGNATURE OFREGISTRAR
|
|
.
|
|
|
|
|
|
.
|
|
|
|
|
|
......................................
|
|
Registrar
|
|
[P.T.O.]
|
|
(Heading as in Form LRA-1)
|
|
Serial Number [..........] for [.........] County*
|
_______________________________
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
REFUSAL TO REGISTER AN APPLICATION FOR REGISTRATION
|
|
TITLE NO: .......................................
|
|
Date of Application
|
|
|
Applicant
|
Give full name(s)
|
|
ID/Passport/Company Registration No ofApplicant (if any)
|
|
|
Instrument(s)presented for registration
|
..............................................................................................................................................................................
|
The Land Registrar HEREBY NOTIFIES the Applicant that the above-mentioned instrument(s) cannot be registered on the following grounds:
......................................................................................
.......................................................................................
Dated this ................ day of .................... 20 .......................
SIGNED by the Land Registrar
Name:
Signature:
......................................
_______________________________
|
Form LRA 23
|
(r. 40(1), 41(1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
APPLICATION BY AN INTERESTED PERSON TO ASCERTAIN AND FIX THE
|
|
BOUNDARIES OF LAND
|
|
TITLE NUMBER:
|
|
Date of Application
|
|
|
Name of Applicant IInterested Party:
|
Give full name(s)
|
|
RegisteredProprietors of land adjoining
|
1.2.3.Give full name(s)
|
|
|
|
|
Address (withinKenya for service of notice)
|
|
The registered Proprietor/lnterested Party HEREBY APPLIES to the Land Registrar to ascertain and fix the boundaries ofthe above land.
Dated this ..................... day of ..................... 20 ................
EXECUTION:
|
Form LRA 24
|
(rr. 40(2), 41(2))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
NOTICE OF INTENTION TO ASCERTAIN AND FIX THE BOUNDARIES
|
|
TITLE NUMBER(S): ............................................
|
| 1. |
The Registrar HEREBY NOTIFIES the Proprietor(s) noted in the Schedule of the intention to ascertain and fix the boundaries of the above noted parcel Title Number(s) and to subsequently amend the Register.
|
| 2. |
The Proprietor(s) are HEREBY NOTIFIED to appear before the Registrar on date, time and place set out in the Schedule with such documents and/or representations necessary to assist in the inquiries in the matter. Please note that the Registrar will make a determination on the said date or so soon thereafter.
|
|
Date of Meeting
|
|
|
Time
|
AM/PM
|
|
Place of Meeting
|
|
PROPRIETOR(S)
|
Title No
|
|
|
Name of Proprietor as per Register
|
|
|
Address for Service as Per Register
|
|
|
Tel No.
|
|
|
Title No
|
|
|
Name of Proprietor as per Register
|
|
|
Address for Service as Per Register
|
|
|
Tel No.
|
|
[add if more than two titles with different proprietors]
|
Title No
|
|
|
Name of Proprietor as per Register
|
|
|
Address for Service as Per Register
|
|
|
Tel No.
|
|
Dated this ................. day of ...................... 20 ............
SIGNED by the Registrar
Name:...........................
Signature:......................
_______________________________
|
Form LRA 25
|
(r. 42)
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
|
|
ORDER FOR DEMARCATION/MAINTENANCE
|
|
TITLE NUMBER(S): ...........................
|
|
|
|
Date of Order
|
|
|
Proprietor(s)
|
Name and address as in Register
|
|
ID/Passport/CompanyRegistration No of Proprietors ( if anv)
|
|
The Registrar HEREBY ORDERS the Proprietor(s) to do the following:—
| (a) |
to demarcate the boundary(s) of the land comprised in the above Title(s), within ............ days from the date of this Order; and,/or
|
| (b) |
to maintain the boundary(s) features of the land comprised in the above Title(s).
|
NOTE that failure to comply with the directions in this order is an offence.
SIGNED by the Land Registrar
Name: .................................. Seal: ...............
Signature: ...................................................
_______________________________
|
|
|
|
Form LRA 26
|
(r. 43(1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
|
|
APPLICATION FOR COMBINATION
|
|
TITLE NUMBER(S): ...........................
|
|
|
|
Date
|
|
|
RegisteredProprietor(s)
|
Give full name(s) and company's registered number, if any
|
| 1. |
The parcels comprised in the above-mentioned Title(s) are registered in the name of the same Proprietor(s).
|
| 2. |
The proprietor(s) HEREBY APPLY for the parcels to be combined in the following manner:**
|
Cadastral Plan Number
|
Parcel Number
|
Area (approximately)
|
|
|
|
|
|
|
|
|
|
|
|
|
Dated this .......................... day of......................... 20..................
EXECUTION
REGISTERED and SEALED this ................ day of ........................... 20 ................
Seal ....................................
LAND REGISTRAR
Name: ................................... Registrar's Stamp / No....................
Signature:............................
DRAWN BY:
Notes:
*Delete whichever is not applicable.
**Attach a Cadastral Map and a Cadastral Plan.
***The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
................................................................................
|
_______________________________
|
Form LRA 27
|
(rr. 43(2)(b), 44(2)(f), 45(2)(e))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
MUTATION FORM
|
|
(This form is to be completed in triplicate.)
|
|
Part A: Title Details and Registered Proprietor(s) instructions to the Surveyor
|
|
TITLE NUMBER(S): ......................................
|
|
|
Title No.
|
Title No.
|
Title No.
|
Title No.
|
Title No.
|
|
ApproximateArea(Hectares)
|
|
|
|
|
|
|
Cadastral MapSheet No.
|
|
|
|
|
|
|
RegisteredProprietor (s)ID /PassportNo/Registration No. andAddress
|
1. .............................................................2. .............................................................3. .............................................................4. .............................................................5. .............................................................
|
Instructions of Registered Proprietor(s) to the Surveyor*
The Proprietor(s) of the above noted Parcel(s) HEREBY instructs the Surveyor to carry out the following (tick as appropriate):
| 1. |
Subdivide the parcel as shown on page two/as per attached approved scheme plan
|
| 2. |
Re-parcel the parcels noted above as shown on page two/is per attached approved scheme plan
|
| 3. |
Combine the parcels noted above as shown on page two/as per attached approved scheme plan.
|
| 4. |
Partition the parcel noted above as shown on page two/as per attached approved scheme plan.
|
| 5. |
Change the common boundaries of the parcels noted above as shown on page two/as per attached approved scheme plan.
|
| 6. |
The boundaries are to be surveyed according to the area(s) as shown on page two/as per attached approved scheme Plan.
|
| 7. |
The boundaries are to be surveyed as they exist on the ground as shown on page two/as per attached approved scheme plan.
(An Approved Scheme Plan may be attached)
Page Three
|
1. Name ........................
|
Proposed Plot(s) Layout (Not to Scale) ...................................
|
|
2. Name .....................
|
|
3. Name .................
|
ID No. .......................................
|
Signature/Thumb Print .............................
|
|
4. Name .................
|
ID No. .......................................
|
Signature/Thumb Print .............................
|
|
5. Name .................
|
ID No. .......................................
|
Signature/Thumb Print .............................
|
Certificate of Verification
I CERTIFY that the above-named Proprietor(s) appeared before me on the .............. day of .................... 20 .............. and being known to me/being identified by .................. of .................. acknowledged the above signature(s) or mark(s) to be his/hers/theirs and that he/she/they had freely and voluntarily executed this instrument.
*The person certifying should be a Surveyor or an Advocate of the High Court of Kenya or Licensed Physical Planner
|
Part B: Details and Confirmation by the Surveyor
|
|
Draw or Attach Plot(s) Layout as Surveyed on Site - Plotted to Scale
| 1. |
I confirm that the plotting above contains the actual measurements recorded at the time of observation in the field and certify that all the work performed in the field and in the office has been carried out by myself / under my personal direction, and I take full responsibility for all work so performed.
Name & Registration No. of the Surveyor: .....................................
Signature: .......................... Official Stamp: ............................
Date: .......................................
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| 2. |
The Proprietor(s) confirms having been shown the boundary extent of the resultant parcel(s).
Name & ID of Proprietor(s)/Representative or Authorized Agent:.........
Signature/ Thumb Print:.............. Date: ............
Page Four
To: The Government Surveyor: Please provide new parcel numbers to the following parcels of land and amend the Cadastral Map accordingly:
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No. of Parcels
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A
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B
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C
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D
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E
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F
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G
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H
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I
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J
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New Parcel Number(s)
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Approx. Area (Ha)
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Name & Registration No. of Surveyor: ......................................
Signature: ................................ Official Stamp: ...............................
Date ................................
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Part C: Certification by the Government Surveyor
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To the Land Registrar: .................. County
I certify that the survey and information represented by this Mutation Form Serial No. ......................... has been prepared in accordance with the Survey Act and Survey Regulations. I have checked and approved the Mutation; issued new numbers to the respective parcel(s) and amended the Cadastral Map accordingly. You may therefore register the Mutation. A copy of the amended cadastral Map is herewith attached.
Name of Government Surveyor: ......................................
Signature: ............................ Official Stamp: .....................
Date: ...............................
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Part D: Registration by the Land Registrar
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REGISTERED this ............... day ....................... 20 ................
Entry No. .............................. Property Section.
Name of Land Registrar: .........................................
Signature and Number of Land Registrar ..........................
Seal of the Land Registry ..........................................
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_______________________________
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Form LRA 28
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(r. 44(1))
|
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REPUBLIC OF KENYA
|
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THE LAND REGISTRATION ACT
|
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
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APPLICATION FOR REPARCELLATION
|
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TITLE NUMBERS: .............................
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Date of Application
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The Applicants:
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Give full name(s)
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ID/Passport/CompanyRegistration No. ofthe Trustee(if any)
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The Applicants:
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Give full name(s)
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ID/Passport/CompanyRegistration No. ofthe Trustee(if any)
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SCHEDULE OF REPARCELLATION
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Cadastral PlanNumber
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Parcel Number
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Area (approximately)
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Proprietor
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The Applicant HEREBY APPLIES for the re-parcellation in respect of the above noted parcels of land.
In support of this Application, the Applicant attaches a Certified True copy of the supporting documents.
EXECUTION:
_______________________________
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REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
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APPLICATION FOR PARTITION
|
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TITLE NUMBERS: .............................
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Date of Instrument Instrument
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Proprietor (s)*
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1.2.3.
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| 1. |
This Application is made by the above noted registered Proprietors of the land comprised in the above-mentioned Title.
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| 2. |
The proprietors HEREBY APPLY for the land to be partitioned in the following manner: ***
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Cadastral PlanNumber
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Parcel Number
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Area (approximately)
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Proprietor
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Dated this ............. day of ......................... 20 .................
EXECUTION
REGISTERED and SEALED dated the ................................. 20..........................
Seal..................................................
LAND REGISTRAR
Name:................................... Registrar's Stamp/No..............................
Signature:............................................
DRAWN BY:
Notes:
*Give details of all the proprietors : name; PIN; lD/Passport No.; and Address
**Delete whichever is not applicable.
***The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
**** Attach a Cadastral Map and a Cadastral Plan—
|
_______________________________
|
Form LRA 30
|
(r. 46(1))
|
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REPUBLIC OF KENYA
|
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THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
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APPLICATION FOR PARTITION PURSUANT TO AN ORDER OF THE REGISTRAR
|
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TITLE NUMBER: ...................................
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Date of Instrument
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Proprietor (s)*
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1.2.3.
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| 1. |
This Application is made by ................................. Name of the applicant(s) the tenant(s) in common of the land comprised in the above-mentioned Title.
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| 2. |
The applicant(s) HEREBY apply to the Registrar for the land to be partitioned in accordance to the Court order as follows:
|
Cadastral PlanNumber
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Title Number
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Area (approximately)
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Proprietor
|
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|
|
|
|
|
|
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|
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|
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Dated this ................................ day of ............................... 20 .................
EXECUTION
REGISTERED and SEALED this ................... day of ....................... 20 ....................
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|
Seal ...........................................
|
LAND REGISTRAR
Name: ............................... Registrar's Stamp/No .........................
Signature: ...............................................
DRAWN BY:
Notes:
*Give details of all the tenants: name; PIN; ID/Passport No.; and Address
**Delete whichever is not applicable.
***The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
**** Attach a Cadastral Map and a Cadastral Plan.
|
_______________________________
|
Form LRA 31
|
(r. 46(2))
|
|
REPUBLIC OF KENYA
|
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THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
NOTICE FOR A HEARING ON APPLICATION FOR PARTITION OF LAND HELD IN COMMON
|
|
TITLE NUMBER: ...............................................
|
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Date of Application
|
|
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Date of Hearing
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|
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Applicant:
|
Give full name(s) and if corporate the registration number, if any
|
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The Tenants to be Served:
|
Give full name(s) and company's registration number, if any
|
The Land Registrar upon receiving an application for partition of land occupied in common from the applicant, HEREBY NOTIFIES the Tenants in Common of a hearing to determine the application to be held in the office of the Land Registrar on the.................. day of..................20........... at.................... AM/PM. please bring all the relevant supporting documents (original and copy) and witnesses, if any.
LAND REGISTRAR
Name: ................................. Registrar's Stamp/No ..........................
Signature: .....................................................
_______________________________
|
Form LRA 32
|
(r. 47)
|
|
REPUBLIC OF KENYA
|
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THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
FORM OF CONSENT OF A CHARGEE TO A PARTITION
|
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TITLE NUMBER: .............................
|
|
Date
|
|
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The Proprietor(s)
|
Give full name(s) and if corporate the registered number, if any
|
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The Chargee
|
|
The above named Chargee in respect of the Charge dated ....................... and registered as Entry Number.............. of the property comprised in the above noted Title HEREBY CONSENT for the land to be partitioned in the following manner;*
|
Cadastral PlanNumber
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Title Number
|
Area (approximately)
|
Proprietor
|
|
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|
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|
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IN WITNESS WHEROF the Chargee has signed this Consent as a deed.
EXECUTION:
* Attach a Cadastral Map and a Cadastral Plan.
REGISTERED this ............ day of ................. 20 .............
ENTRY in Encumbrances Section Number: ..................
Seal ........................................................
LAND REGISTRAR
Name: .......................... Registrar's Stamp/No. .......................
Signature: ...........................
DRAWN BY:
_______________________________
|
Form LRA 33
|
(r. 49(1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
TRANSFER OF INTEREST IN LAND
|
|
TITLE NO: .......................................
|
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Transferor(s)
|
Give full name(s)
|
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ID/Passport/ CompanyRegistration No.
|
|
|
Transferee(s)
|
Give full name(s)
|
|
ID/Passport/ CompanyRegistration No.
|
|
|
Consideration
|
**Amount of:............................
((Receipt is hereby acknowledged by the Transferor(s))
|
|
Other .....................................
|
|
Nature of Interest to be transferred
|
|
This TRANSFER OF INTERESTIN LAND witnesses as follows:
| 1. |
The Transferor(s) HEREBY TRANSFER to the Transferee(s) the above-mentioned interest in the above Title.
|
| 2. |
The Transfer is subject to the following:
| (a) |
The provisions of The Land Registration Act (Cap. 300) and The Land Act (Cap. 280);
|
| (b) |
The interests noted in the Register of the Title.
|
|
| 3. |
The Transfer is also subject to the following additional provisions, (if any).
lN WITNESS the Transferor(s) and the Transferee(s) have signed this Transfer as a deed.
EXECUTION:
REGISTERED and SEALED this ...................... day of .................... 20 ................
|
|
Seal ...........................................
|
LAND REGISTRAR
Name: ................................... Registrar's Stamp / No. ..............................
Signature: ....................................
|
_______________________________
|
Form LRA 34
|
(r. 50)
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
CONSENT BY THE ENCUMBRANCER TO TRANSFER
|
|
.........................................................................
|
|
|
Names and signature of person certifying
|
_______________________________
|
Form LRA 35
|
(r. 51(1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
TRANSFER OF UNDIVIDED SHARE
|
|
TITLE NO: .........................................
|
|
Date
|
|
|
RegisteredPronrietors
|
|
|
Transferor (s)
|
*
|
|
Transferee(s)
|
*
|
|
Consideration
|
**Amount of:............................
((Receipt is hereby acknowledged by the Transferor(s))
|
|
Other .....................................
|
|
Undivided Share(s) BeingTransferred
|
|
|
ContinuingProprietor(s)
|
|
This TRANSFER OF UNDIVIDED SHARE witnesses as follows:
| 1. |
The Transferor(s) HEREBY TRANSFERS the above (.........) undivided share(s) in the above property
|
| 2. |
The Transfer is subject to the following:
| (a) |
The provisions of The Land Registration Act (Cap. 300) and the Land Act (Cap. 280);
|
| (b) |
The interests noted in the Register of the Title.
|
|
| 3. |
The Transfer is also subject to the following additional provisions, if any:
|
| 4. |
The Transferee(s) and the Continuing Proprietor(s) declare that they shall hold the property comprised in the above Title in trust for each other as:—
| (a) |
Tenants in common in the following shares:—
|
IN WITNESS the Transferor and the Transferee (and the Continuing Proprietor) have signed this Transfer as a deed.
EXECUTION:
REGISTERED and SEALED this .................... day of .......................... 20 ...................
LAND REGISTRAR Seal.............................................
Name: .............................. Registrar's Stamp / No.........................
Signature:..............................................
DRAWN BY:
Notes:
*Delete whichever is not applicable.
**The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
|
_______________________________
|
Form LRA 36
|
(r. 52(1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
TRANSFER OF JOINT INTEREST
|
|
TITLE NO: .........................................
|
|
Date
|
|
|
Transferors
|
*
|
|
Transferee(s)
|
*
|
|
Consideration
|
* *Amount of: .......................((Receipt is hereby acknowledged by the Transferor(s))
|
|
Other ...................
|
This TRANSFER OF JOINT INTEREST witnesses as follows:
| 1. |
The Transferors HEREBY TRANSFER to the Transferee(s) the Transferors right title and interest in the above Title.
|
| 2. |
The Transfer is subject to the following:
| (a) |
The provisions of The Land Registration Act (Cap. 300) and The Land Act (Cap. 280);
|
| (b) |
The interests noted in the Register of the Title.
|
|
| 3. |
The Transfer is also subject to the following additional provisions, (if any).
|
| 4. |
The Transferee(s) shall hold the land comprised in the Title as joint proprietors/as proprietors in common *** in the following undivided shares:—
lN WITNESS the Transferors and the Transferee(s) have signed this Transfer as a deed.
EXECUTION:
REGISTERED and SEALED this ..................... day of....................... 20 ...........
LAND REGISTRAR Seal ...............................................................
Name: .......................................... Registrar's Stamp/No. ..................................
Signature: .............................................................................
DRAWN BY:
Notes:
*Delete whichever is not applicable.
**The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
|
_______________________________
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Form LRA 37
|
(r. 53 (1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
APPLICATION FOR SEVERANCE OF JOINT OWNERSHIP
|
|
TITLE NUMBER: .............................
|
|
Date of Application:
|
|
|
Joint Proprietors:
|
1. Name: ................................................Address:..............................................2. Name:.................................................3. Address: .........................................4. Name:.................................................Address: .....................................5. Name:...............................................Address: ......................................
|
| 1. |
The joint Proprietors HEREBY APPLY to the Land Registrar to sever their joint proprietorship in the above-mentioned Title and apply to be registered as proprietors in common* in the following undivided shares:—
.... in favour of [............. insert the name of the proprietor]
.... in favour of [............. insert the name of the proprietor]
.... in favour of [............. insert the name of the proprietor]
.... in favour of [............. insert the name of the proprietor]
|
| 2. |
The Transfer is subject to the following:
| (a) |
The provisions of the Land Registration Act (Cap. 300) and The Land Act (Cap. 280);
|
| (b) |
The interests noted in the Register of the Title.
|
|
| 3. |
The Transfer is also subject to the following additional provisions, if any:
EXECUTION
IN WITNESS WHEREOF the parties hereof have signed this document this ................... day of ..................... 20 .............
REGISTERED and SEALED this ................... day of ...................... 20 ...............
Seal ......................................................................
LAND REGISTRAR
Name: ........................................ Registrar's Stamp / No. ........................
Signature..........................................................
DRAWN BY:
Notes:
*Delete whichever is not applicable
**The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
|
_______________________________
|
|
|
|
|
|
|
Form LRA 38
|
(r. 54 (1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
APPLICATION FOR THE REMOVAL OF THE NAME OF A DECEASED JOINT PROPRIETOR FROM THE REGISTER
|
|
TITLE NUMBER: ................................
|
|
Date of Application:
|
|
|
Joint Proprietors onRegister:
|
1. Name:..........................................Address: ......................................2. Name:..........................................Address: ......................................
|
|
Applicant(s) SurvivingJoint Proprietor(s):
|
1. Name:..........................................Address: ......................................2. Name:..........................................Address: ......................................
|
|
Deceased Joint Proprietor:
|
1. Name:..........................................Address: ......................................
|
| 1. |
The Applicant (s) being the Surviving Joint Proprietor(s) HEREBY APPLIES to the Land Registrar to remove the name of the above Deceased Joint Proprietor from the Register of the above-mentioned Title to the intent that the Surviving Joint Proprietor(s) shall be registered as the sole proprietor(s) of the above-noted property.
|
| 2. |
The Proprietor(s) HEREBY PRODUCES for registration by the Land Registrar a certified copy of the Death Certificate of the Deceased Joint Proprietor.
EXECUTION:
REGISTERED and SEALED this............. day of .......... 20 .....
LAND REGISTRAR Seal...................................................
Name:....................... Registrar's Stamp / No.................
Signature:.................................................
DRAWN BY:
Notes:
*Delete whichever is not applicable.
**The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
|
_______________________________
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Form LRA 39
|
(r. 56 (1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
TRANSFER TO THE PERSONAL REPRESENTATIVE AS EXECUTOR/ADMINISTRATOR
|
|
TITLE NO: ...................................
|
|
Date of Transfer
|
|
|
Transferor(s)
|
Give full name(s) ....................... as personalrepresentative(s) of the Estate of .....................
|
|
ID/Passport
|
|
|
Transferee(s)
|
Give full name(s)....................... as personalrepresentative(s) of the Estate of.....................
|
|
Date of Letters of Administration/Probate
|
|
|
Nature of Interest to be transferred
|
|
This TRANSFER witnesses as follows:
| 1. |
The Transferor(s) HEREBY TRANSFERS to the Transferee(s) the above-mentioned interest in the above Title.
|
| 2. |
The Transfer is subject to the following:
| (a) |
The provisions of The Land Registration Act (Cap. 300) and The Land Act (Cap. 280);
|
| (b) |
The interests noted in the Register of the Title.
|
|
| 3. |
The Transfer is also subject to the following additional provisions, (if any).
IN WITNESS the Transferor(s) have signed this Transfer as a deed.
EXECUTION:
REGISTERED and SEALED this ............... day of .......................... 20 .................
Seal ......................................................................
LAND REGISTRAR
Name: .............................................. Registrar's Stamp / No. ..................
Signature: ...........................................................
|
_______________________________
|
Form LRA 40
|
(r. 56 (3))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
APPLICATION FOR REGISTRATION AS PROPRIETOR JOINTLY WITH OTHER PERSONAL REPRESENTATIVE(S)
|
|
TITLE NUMBER: ................................
|
|
Date of Application:
|
|
|
Applicant(s )
|
1. Name:..........................................Address:......................................ID/Passport/No.......................
|
|
Joint Proprietor(s) on theRegister
|
1. Name:..........................................2. Name:..........................................
|
| 1. |
The Applicant (s) being the Personal Representatives HEREBY APPLIES to the Land Registrar to be registered as proprietor(s) jointly with the other Personal Representatives of the above-mentioned property.
|
| 2. |
The Applicant(s) HEREBY PRODUCES for registration by the Land Registrar a certified copy of the Grant of Letters of Adminishation or Grant of Probate.
EXECUTION:
LAND REGISTRAR
Name:
Signature:
|
_______________________________
|
Form LRA 41
|
(r. 56 (4))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
NOTIFICATION BY REGISTRAR TO PERSONAL REPRESENTATIVE OF AN APPLICATION FOR REGISTRATION AS A PROPRIETOR JOINTLY WITH OTHER PERSONAL REPRESENATATIVES
|
|
TITLE NUMBER: .................................................
|
|
Date of Application
|
|
|
Applicant:
|
Give full name(s)
|
|
ID/Passport/CompanyRegistration No. ofApplicant (if any)
|
|
|
Personal Representative to beNotified:
|
l. Give full name(s) and company's registration number, if any2.3.* Notice to be served on each of the Personal Representative
|
The Land Registrar upon receiving an application for registration of the Applicant as proprietor jointly with other personal representatives HEREBY NOTIFIES the Personal Representatives of the application.
Dated this.................. day of................. 20...........
LAND REGISTRAR
Name:................................... Registrar's Stamp/No.................
Signature: ...........................................................
.......................................................................
_______________________________
|
Form LRA 42
|
(r. 57 (1))
|
|
(Heading as in Form LRA-1)
|
|
TRANSFER BY PERSONAL REPRESENTATIVE TO PERSON ENTITLED UNDER A WILL OR ON AN INTESTACY
|
|
TITLE NUMBER: ................................
|
|
Date
|
|
|
DeceasedProorietor
|
*
|
|
Date of Grant of Will/Letters of Administration
|
|
|
Date of Confirmation
|
|
|
Transferor as PersonalRepresentative of the Estate of the Deceased
|
|
|
Transferee(s) asPerson Entitled under the Estate of the Deceased
|
*
|
| 1. |
The Transferor(s) as Personal Representative(s) of the above noted Deceased HEREBY TRANSFER(S) the interest of the Deceased in the above Title.
|
| 2. |
The Transfer is subject to the following:
| (a) |
The provisions of The Land Registration Act (Cap. 300) and The Land Act (Cap. 280);
|
| (b) |
The interests noted in the Register of the Title.
|
|
| 3. |
The Transfer is also subject to the following additional provisions, if any:
|
| 4. |
The Transferee(s) declare that they shall hold the land as joint proprietors/as proprietors in common* in the following undivided shares:—
IN WITNESS the Transferor and the Transferee have signed this Transfer as a deed.
EXECUTION
REGISTERED and SEALED this ........... day of .................. 20 ..........
Seal ...............................
LAND REGISTRAR
Name: ............................ Registrar's Stamp / No ................
Signature: .........................
DRAWN BY:
Notes:
* Insert full name(s) regisffation number(s) registered office and address, as applicable.
** Insert currency, amount and other consideration where applicable.
***Delete whichever is not applicable.
****The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
|
_______________________________
|
Form LRA 43
|
(r. 58 (1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
TRANSFER BY PERSONAL REPRESENTATIVE TO PURCHASER
|
|
TITLE NUMBER: ................................
|
|
Date
|
|
|
Deceased Proprietor
|
*
|
|
Date of Grant of Will/Letters of Administration
|
|
|
Date of Confirmation
|
|
|
Transferor as Personal Representative of the Estate of the Deceased
|
|
|
Transferee(s) as Purchaser
|
*
|
| 1. |
The Transferor(s) as Personal Representative(s) of the above noted Deceased HEREBY TRANSFER(S) the interest of the Deceased in the above Title.
|
| 2. |
The Transfer is subject to the following:
| (a) |
The provisions of The Land Registration Act (Cap. 300) and The Land Act (Cap. 280);
|
| (b) |
The interests noted in the Register of the Title.
|
|
| 3. |
The Transfer is also subject to the following additional provisions, if any:
|
| 4. |
The Transferee(s) declare that he/she/they shall hold the land as joint proprietors/as proprietors in common* in the following undivided shares:—
IN WITNESS the Transferor and the Transferee have signed this Transfer as a deed.
EXECUTION
REGISTERED and SEALED this ............. day of ....................... 20 .....................
Seal .....................................................
LAND REGISTRAR
Name: ..................................... Registrar's Stamp / No............................
Signature:
DRAWN BY:
Notes:
* Insert full name(s) registration number(s) registered office and address, as applicable.
** lnsert crurency, amount and other consideration where applicable.
***Delete whichever is not applicable.
****The person affesting the sigrrature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
|
_______________________________
|
Form LRA 44
|
(r. 59 (1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
TRANSFER BY TRUSTEE IN BANKRUPTCY
|
|
TITLE NUMBER: ................................
|
|
Date of Application
|
|
|
The Applicant:
|
Give full name(s)
|
|
ID/Passport/Company Registration No. of the Trustee (if any)
|
|
|
Name of Proprietor/Bankrupt
|
|
|
Date of Court Order
|
|
The Applicant HEREBY APPLIES to be registered as Trustee in Bankruptcy in respect of the above noted land.
In support of this Application, the Applicant attaches a certified rrue copy of the court Order and supporting documents.
EXECUTION:
_______________________________
|
Form LRA 45
|
(r. 59(2)(b))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
TRANSFER BY TRUSTEE ON BANKRUPTCY
|
|
TITLE NUMBER: ................................
|
|
Date
|
|
|
Transferor(s) Trustee in Bankruptcy
|
|
|
Transferee(s)
|
*
|
| 1. |
The Transferor(s) HEREBY TRANSFER(S) the interest of the Adjudged Bankrupt in the above Title.
|
| 2. |
The Transfer is subject to the following:
| (a) |
The provisions of The Land Registration Act (Cap. 300) and The Land Act (Cap. 280);
|
| (b) |
The interests noted in the Register of the Title.
|
|
| 3. |
The Transfer is also subject to the following additional provisions, if any:
|
| 4. |
The Transferee(s) declare that they shall hold the land as joint proprietors/as proprietors in common* in the following undivided shares:—
IN WITNESS the Transferor and the Transferee have signed this Transfer as a deed.
EXECUTION:
REGISTERED And SEALED this ..................... day of ............................ 20 ...............
LAND REGISTRAR Seal ........................................................
Name: ................................ Registrar's Stamp / No. ..................
Signature: ............................................
DRAWN BY:
Notes:
* Insert full name(s) registration number(s) registered office and address, as applicable.
**Insert currency, amount and other consideration where applicable.
***Delete whichever is not applicable.
****The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
|
_______________________________
|
Form LRA 46
|
(r. 60 (1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
APPLICATION BY A LIQUIDATOR TO BE NOTED IN THE REGISTER
|
|
TITLE NUMBER: ................................
|
|
Date of Application
|
|
|
The registeredProprietor:
|
Give full name(s) and the registered number, if any
|
|
The Applicant /Liquidator:
|
Give full name(s)
|
The Applicant, the Liquidator of the above named Proprietor Company HEREBY APPLIES to the Land Registrar to be noted in the Register as proprietor of the abovemotioned Title.
In support of this Application, the Applicant attaches a sealed copy of Court Order/resolution duly certified by the Company Secretary or (in case of a foreign company) a notary public*, a Statutory Declaration and Supporting Documents.
EXECUTION:
REGISTERED and SEALED this .................... day of ...................... 20 ..................
Seal ...................................................
LAND REGISTRAR
Name: ............................. Registrar's Stamp/No................................
Signature: ...........................................................
DRAWN BY:
* Delete where inapplicable
_______________________________
|
Form LRA 47
|
(r. 60(2)(b)(ii), 63(2)(c))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
GENERAL FORM OF STATUTORY DECLARATION
|
I, ......................................(in support of this Application) do hereby sincerely declare as follows:—
........................................................................................................
.........................................................................................................
I make this declaration conscientiously believing the same to be true and according to the Oaths and Statutory Declaration Act.
_______________________________
|
Form LRA 48
|
(r. 59 (3))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
TRANSFER OF LAND BY A LIQUIDATOR
|
|
TITLE NO: .....................................................
|
|
Date
|
|
|
Transferor(s)(Liquidator)
|
*
|
|
Transferee(s)
|
*
|
|
Consideration
|
** The Sum of:((Receipt is hereby acknowledged by the Transferor(s)
|
|
|
Other
|
This TRANSFER witnesses as follows:—
| 1. |
The Transferor HEREBY TRANSFERS to the Transferee the Transferor(s) right title and interest in the above Title.
|
| 2. |
The Transfer is subject to the following:
| (a) |
The provisions of The Land Registration Act (Cap. 300) and The Land Act (Cap. 280);
|
| (b) |
The interests nored in the Register of the Title.
|
|
| 3. |
The Transfer is also subject to the following additional provisions, (if any).
|
| 4. |
The Transferee(s) shall hold the land comprised in the Title as joint proprietors/as proprietors in common*** in the following undivided shares:—
IN WITNESS the Transferor and the Transferee have signed this Transfer as a deed.
EXECUTION
REGISTERED and SEALED this ...................... day of ........................ 20 .................
LAND REGISTRAR Seal ........................................................
Name: ................................... Registrar's Stamp/No. ......................
Signature: ......................................................
DRAWN BY:
Notes:
* Insert full name(s) registration number(s) registered office and address, as applicable.
** Insert currency, amount and other consideration where applicable.
***Delete whichever is not applicable.
****The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
|
_______________________________
|
Form LRA 49
|
(r. 61 (1))
|
|
(Heading as in Form LRA-1)
|
|
TRANSFER BY COMPANIES AND LIMITED LIABILITY PARTNERSHIPS
|
|
TITLE NO: .....................................................
|
|
Date
|
|
|
Transferor (s)
|
*
|
|
Transferee(s)
|
*
|
|
Consideration
|
**
|
This TRANSFER witnesses as follows;
| 1. |
The Transferor as the legal [and beneficial] *** owner HEREBY TRANSFERS all its right title and interest in the above Title.
|
| 2. |
The Transferor acknowledges receipt of the Consideration.
|
| 3. |
The Transfer is subject to the provisions of The Land Act (Cap. 280), The Land Registration Act (Cap. 300), the Lease and the interests noted in the Register of the Title but otherwise free from encumbrances.
|
| 4. |
The Transferee(s) shall hold the land as joint proprietors/as proprietors in common *** in the following undivided shares:-
EXECUTION:
SEALED with the Common Seal of the Transferor)
in the presence of:—)
REGISTERED and SEALED this .................. day of .......................... 20 ....................
LAND REGISTRAR Seal ............................................................
Name: .................................... Registrar's Stamp/ No..........................
Signature: .............................
Notes:
*lnsert full name(s) registration number(s) registered office and address, as applicable.
** lnsert currency, amount and other consideration.
***Delete whichever is not applicable.
****The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
|
_______________________________
|
Form LRA 50
|
(r. 62 (1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
APPLICATION TO BE REGISTERED AS PROPRIETOR BY TRANSMISSION
|
|
TITLE NO: .....................................................
|
|
Date
|
|
|
Deceased Proprietor
|
*
|
|
Date of Grant of Will/Letters of Administration
|
|
|
Date of Confirmation
|
|
|
Transferor as Personal Representative of the Estate of the Deceased
|
|
|
Transferee(s) as Person Entitled under the Estate of the Deceased
|
*
|
| 1. |
The Transferor(s) as Personal Representative(s) and beneficiary of the above noted Deceased HEREBY TRANSFER(S) the interest of the Deceased in the above Title.
|
| 2. |
The Transfer is subject to the following:
| (a) |
The provisions of The Land Registration Act (Cap. 300)and The Land Act (Cap. 280);
|
| (b) |
The interests noted in the Register of the Title.
|
|
| 3. |
The Transfer is also subject to the following additional provisions,( if any):
|
| 4. |
The Transferee(s) declare that they shall hold the land as joint proprietors/as proprietors in common* in the following undivided shares:—
lN WITNESS WHEREOF the Transferor and the Transferee have signed this Transfer as a deed.
EXECUTION
REGISTERED and SEALED this ........... day of ....................... 20 .........
LAND REGISTRAR
Seal .....................................
Name: .......................... Registrar's Stamp/No. ..............
Signature: ..........................................
DRAWN BY:
Notes:
* Insert full name(s) registration number(s) registered office and address, as applicable.
** Insert currency, amount and other consideration where applicable.
*** Delete whichever is not applicable.
**** The person attesting the signature must authenticate the coloured passport size photograph, National lD Number and Tax PIN Number."
|
_______________________________
|
Form LRA 51
|
(r. 64 (1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
APPLICATION TO BE REGISTERED AS A TRUSTEE
|
|
TITLE NUMBER: .....................................................
|
|
Date of Application
|
|
|
The Applicant:
|
Give full name(s) and if corporate the registration number, if any
|
The Applicant HEREBY APPLIES to be registered as Trustee
for ............................. in respect of the above noted land.
EXECUTION:
REGISTERED and SEALED this ................... day of ........................ 20 .................
LAND REGISTRAR Seal .................................
Name: ............................ Registrar's Stamp / No. ........................
Signature: ...............................................
DRAWN BY:
_______________________________
|
Form LRA 52
|
(r. 66)
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
TRANSFER OF LAND BY A TRUSTEE
|
|
TITLE NO: .....................................................
|
|
Date
|
|
|
Transferor (s)(Trustee)
|
*
|
|
Transferee(s)
|
*
|
|
Consideration
|
** The Sum of:
((Receipt is hereby acknowledged by the Transferor(s))
|
|
Other:
|
This TRANSFER witnesses as follows:—
| 1. |
The Transferor HEREBY TRANSFERS to the Transferee the Transfero(s) right title and interest in the above Title.
|
| 2. |
The Transfer is subject to the following:
| (a) |
The provisions of The Land Registration Act (Cap. 300) and The Land Act (Cap. 280);
|
| (b) |
The interests noted in the Register of the Title.
|
|
| 3. |
The Transfer is also subject to the following additional provisions, if any:
|
| 4. |
The Transferee(s) shall hold the land comprised in the Title as joint proprietors/as proprietors in common*** in the following undivided shares:—
IN WITNESS WHEREOF the Transferor and the Transferee have signed this Transfer as a deed.
EXECUTION:
|
SIGNED as a deed by the Transferor in thepresence of:................................................Name and signature of person cerlifying
|
|
|
|
REGISTERED and SEALED this ................... day of .................. 20 ..................
LAND REGISTRAR Seal ............................................................
Name: ................................. Registrar's Stamp / No. ......................
Signature: ..........................................
DRAWN BY:
Notes:
* Insert full name(s) registration number(s) registered office and address, as applicable.
** Insert crurency, amount and other consideration where applicable.
***Delete whichever is not applicable.
****The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
|
|
|
|
|
___________________________________
|
|
Form LRA 53
|
(r. 67(1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
CHARGE
|
|
TITLE NUMBER: .....................................................
|
|
Date of Issue:
|
|
|
The Chargor:
|
Give full name(s) and if corporate the registration number, if any
|
|
The Chargee:
|
Give full name(s) and company's registration number, if any
|
|
Principal Amount:
|
|
|
Borrower
|
Include where lending is to secure a third party. Give full name(s) and if corporate the registration number, if any
|
|
Supplemental /Collateral to debenture (delete as appropriate)
|
Insert details of: the principal instrument(s); amount secured; duty paid and; stamp duty receipt number.
|
THIS CHARGE witnesses as follows:
|
| 1. |
The Chargor as legal and or beneficial owner HEREBY CHARGES to the Chargee the interest of the Chargor in the above Title as [a continuing security/term loan security] for the payment and discharge in full of all monies, obligations and liabilities covenanted to be paid or discharged or otherwise secured by this Charge.
|
| 2. |
The Chargor hereby authorises the Bank and its agents to register the security created by this Charge in accordance with the provisions of the Land Act (Cap. 280) and the Land Registration Act (Cap. 300)to the satisfaction of the Chargee.
Insert Additional Provisions as required by the low and the contract between the parties.
|
Acknowledgement of Effect of Section 90 of the Land Act (Cap. 280).Pursuant to the provisions of section 56 of the Land Registration Act (Cap. 300), we, the Chargor hereby acknowledge that we understand the effect of Section 90 of the Land Act (Cap. 280) and the chargee's remedies under this Charge. This acknowledgement is signed on behalf of the Chargor by the persons witnessing the affixing of the Common Seal of the Chargor to this Charge....................................................Director...................................................Director/Secretary...................................................Attorneys' signatures
|
IN WITNESS WHEREOF this Charge has been duly executed.
Execution
|
All parties including the Boruower(s) must execute.Sealed with the Common Seal of theChargor in the presence of:...........................Director.............................Director/Secretary........................................Advocate
|
Common Seal
|
|
Verification of execution pursuant to Section 45 of the Land Registration Act
|
|
I CERTIFY that .................................................... and ............................. being the persons witnessing the affixing of the Common Seal of the Chargor appeared before me on......................... and being known to me/being identified by................... of......................... freely and voluntarily executed this instrument.
|
|
.......................................................................Name and signature of person certifying
|
|
SIGNED by the duly authorised attorneys of the Chargee under and by virtue of Powers of Attorney registered at the District Lands Registry as number ................. and..................... and at the Registry of Documents at Nairobi as Number.......................... and........................ respectively in the presence of
|
|
..................................................................Signature of bank official as witness
|
|
Certificate of Verification under Section 45 of the Land Registration Act
|
|
I CERTIFY that .................................................... and ............................. being the duly constituted attorney(s) of the Bank appeared before me on............................ and being known to me/being identified by........................ of.............................. acknowledged the above signature or mark to be his/hers/theirs and that he/she/they had freely and voluntarily executed this instrument and understood its contents.
|
|
....................................................................................Name and signature of person certifying
|
REGISTERED this .................. day of ............................ 20 ................
ENTRY in Encumbrances Section Number: ....................................
Seal .........................................................
LAND REGISTRAR
Name: ................................... Registrar's Stamp/No. ..........................
Signature: .....................................
DRAWN BY:
Notes:
* Provide full name(s) and registered number Delete whichever is not applicable.
**The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number.
*** Attach a survey plan.
|
_______________________________
|
Form LRA 54
|
(r. 67(2))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
INFORMAL CHARGE
|
|
TITLE NUMBER: .......................................
|
|
Date of Charge:
|
|
|
The Chargor:
|
Give full name(s) and if corporate the registration number, if any
|
|
The Chargee:
|
Give full name(s) and company's registration number, if any
|
|
Principal Amount:
|
|
|
Borrower
|
Include where lending is to secure a third party. Give full name(s) and if corporate the registration number, if any
|
|
Supplemental /Collateral to debenture
|
Insert details of the principal instrument(s); amount secured; duty paid and; stamp duty receipt number.
|
|
DocumentsDeposited with theChargee
|
|
THIS CHARGE witnesses as follows:
| 1. |
The Chargor as legal and or beneficial owner HEREBY CHARGES to the Chargee by way of Informal Charge the interest of the Chargor in the above Title as [a continuing security/term loan security] for the payment and discharge in full of all monies, obligations and liabilities covenanted to be paid or discharged or otherwise secured by this Charge.
|
| 2. |
The Chargor hereby authorises the Chargee and its agents to register the security created by this Charge in accordance with the provisions of the Land Act (Cap. 280) and the Land Regisfration Act (Cap. 300) to the satisfaction of the Chargee.
Insert Additional Provisions as required by the law and the contract between the parties.
|
Acknowledgement of Effect of Section 90 of the Land Act (Cap. 300)Pursuant to the provisions of section 56 of the Land Registration Act, 2012, we, the Chargor hereby acknowledge that we understand the effect of Section 90 of the Land Act (Cap. 300) and the chargee's remedies under this Charge. This acknowledgement is signed on behalf of the Chargor by the persons witnessing the affixing of the Common Seal of the Chargor to this Charge....................................................Director...................................................Director/Secretary...................................................Attorneys' signatures
|
IN WITNESS WHEREOF this Charge has been duly executed.
Execution
All parties including the Borrower(s) must execute.
|
Sealed with the Common Seal of the Chargee in thepresence of:...........................Director.............................Director/Secretary........................................Advocate
|
Common Seal
|
|
Certificate of Verification under Section 45 of the Land Registration Act
|
|
I CERTIFY that .................................................... and ............................. being the persons witnessing the affixing of the Common Seal of the Chargor appeared before me on ......................... and being known to me/being identified by................... of ......................... freely and voluntarily executed this instrument.
|
|
.......................................................................Name and signature of person certifying
|
|
SIGNED by the duly authorised attorneys of the Chargee under and by virtue of Powers of Attorney registered at the District Lands Registry as number ................. and..................... and at the Registry of Documents at Nairobi as Number.......................... and........................ respectively in the presence of
|
|
..................................................................Signature of bank official as witness
|
|
Certificate of Verification under Section 45 of the Land Registration Act
|
|
I CERTIFY that .................................................... and ............................. being the duly constituted attorney(s) of the Bank appeared before me on............................ and being known to me/being identified by........................ of.............................. acknowledged the above signature or mark to be his/hers/theirs and that he/she/they had freely and voluntarily executed this instrument and understood its contents.
|
|
....................................................................................Name and signature of person certifying
|
REGISTERED this ..................... day of ....................... 20 .....................
ENTRY in Encumbrances Section Number: ......................................
Seal ...........................................................
LAND REGISTRAR
Name: ................................ Registrar's Stamp/No.............................
Signature: .....................................................
DRAWN BY:
Notes:
*Provide full name(s) and registered number Delete whichever is not applicable.
**The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number.
*** Attach a survey plan.
|
_______________________________
|
Form LRA 55
|
(r. 69, 70(2)(c))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
CONSENT FOR SECOND OR SUBSEQUENT CHARGE
|
|
TITLE NUMBER: .......................................
|
|
Date
|
|
|
The Chargo(s)
|
Give full name(s) and if corporate the registered number, if any
|
|
The Chargee
|
|
| 1. |
The above named Chargee in respect of the Charge dated .................... and registered as Entry Number ................ of the property comprised in the above note Title HEREBY CONSENT to a Second or Subsequent Charge* over the Charged land to.........................;**
|
| 2. |
The Second or Subsequent Charge shall in point of security nand in relation to the Charge rank as follows (delete as applicable):—
* Delete whatever not applicable
**Give the full name and address of the second or subsequent charge(s)
IN WITNESS WHEROF the Chargee has signed this Consent as a deed.
EXECUTION:
|
Sealed with the Common Seal of the Chargee in the presence of:....................... Director....................... Director/Secretary
|
Common Seal
|
|
........................................Advocate
|
|
|
Certificate of Verification under Section 45 of the Land Registration Act
|
|
I CERTIFY that .................................................... and ............................. being the persons witnessing the affixing of the Common Seal of the Chargor appeared before me on......................... and being known to me/being identified by................... of......................... freely and voluntarily executed this instrument.
|
|
.......................................................................Name and signature of person certifying
|
|
SIGNED by the duly authorised attorneys of the Chargee under and by virtue of Powers of Attorney registered at the District Lands Registry as number ................. and..................... and at the Registry of Documents at Nairobi as Number.......................... and........................ respectively in the presence of
|
|
..................................................................Signature of bank official as witness
|
|
Certificate of Verification under Section 45 of the Land Registration Act
|
|
I CERTIFY that .................................................... and ............................. being the duly constituted attorney(s) of the Bank appeared before me on............................ and being known to me/being identified by........................ of.............................. acknowledged the above signature or mark to be his/hers/theirs and that he/she/they had freely and voluntarily executed this instrument and understood its contents.
|
|
....................................................................................Name and signature of person certifying
|
REGISTERED this ............... day of ....................... 20 .......
ENTRY in Encumberances Section Number: .............
Seal ................................
LAND REGISTRAR
Name:................ Registrar's Stamp / No............
Signature:.............................
DRAWN BY:
|
_______________________________
|
Form LRA 56
|
(r. 72)
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
MEMORANDUM OF VARIATION OF CHARGE
|
|
TITLE NUMBER: ...........................................
|
|
Date of Issue:
|
|
|
Date of Charge(s)
|
|
|
Charge(s) Registered in the Register as EntryNumber(s)
|
|
|
The Chargor:
|
Give full name(s) and if corporate the registration number, if any
|
|
The Chargee:
|
Give full name(s) and company's registration number, if any
|
|
Borrower
|
Include where lending is to secure a third party. Give full name(s) and if corporate the registration number, if any
|
The Charge(s) is HEREBY VARIED as follows:—
| (a) |
...............................................................;
|
| (b) |
...............................................................;
|
| (c) |
...............................................................;
|
| (d) |
...............................................................;
|
IN WITNESS WHEREOF this Memorandum of variation of charge has been duly executed as a deed.
EXECUTION
All parties including the Borrower(s) must execute.
|
Sealed with the Common Seal of the Chargor in the presence of:...........................Director.............................Director/Secretary
|
Common Seal
|
|
........................................Advocate
|
|
|
Certificate of Verification under Section 45 of the Land Registration Act (Cap. 300)
|
|
I CERTIFY that .................................................... and ............................. being the persons witnessing the affixing of the Common Seal of the Chargor appeared before me on......................... and being known to me/being identified by................... of......................... freely and voluntarily executed this instrument.
|
|
.......................................................................Name and signature of person certifying
|
|
Signed by the duly authorised attorneys of the Chargee under and by virtue of Powers of Attorney registered at the District Lands Registry as number ................. and..................... and at the registry of Documents at Nairobi as Number.......................... and........................ respectively in the presence of.................................................................Signature of bank official as witness.
|
|
Verification of execution pursuant to Section 45 of the Land Registration Act (Cap. 300)
|
|
I CERTIFY that .................................................... and ............................. being the duly constituted attorney(s) of the Bank appeared before me on............................ and being known to me/being identified by........................ of.............................. acknowledged the above signature or mark to be his/hers/theirs and that he/she/they had freely and voluntarily executed this instrument and understood its contents....................................................................................Name and signature of person certifying
|
REGISTERED this ................ day of .................. 20 ............
ENTRY in Emcumbrances Section Number: .................
|
|
Seal ...........................................
|
LAND REGISTRAR
Name: ........................... Registrar's Stamp / No ...........
Signature: ..................
DRAWN BY
Notes:
* Provide full name(s) and registered number Delete whichever is not applicable.
**The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number.
*** Attach a survey plan.
_______________________________
|
Form LRA 57
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(r. 73)
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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TRANSFER OF CHARGE
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TITLE NUMBER: ...........................................
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Date of this Transfer:
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Date of Charge(s)
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Charge(s) Registered in the Register as EntryNumber(s)
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Transferor:
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Give full name(s) and if corporate the registration number, if any
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Transferee:
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Give full name(s) and company's registration number, if any
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Chargor
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Give full name(s) and company's registration number, if any
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Consideration for the Transfer
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** The Sum of:...............................................(Receipt is hereby acknowledged by the Transferor)
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Other:
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The Principal AmountSecured Under the Charge
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Outstanding Amount asconfirmed by the Chargor*
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| 1. |
The Transferor being the Chargee of the Charge(s) registered as above in the Encumbrances Section of the Register of the above-mentioned Title HEREBY TRANSFERS to the Transferee the interest of the Transferor in the Charge(s).
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| 2. |
The Chargor confirms the outstanding amount as set out above*.
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| 3. |
Additional Conditions for the Transfer if any:
IN WITNESS WHEREOF the Transferor and the Transferee (and the Chargor) have signed this Transfer as a deed.
EXECUTION:
REGISTERED and SEALED this .................. day of .............................. 20 ..........................
LAND REGISTRAR Seal ..............................
Name: .............................. Registrar's Stamp/No. .........................
Signature: ................................................
DRAWN BY:
Notes:
*where the Chargor is made a party
*Delete whichever is not applicable.
**The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
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_______________________________
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Form LRA 58
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(r. 74(1))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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DISCHARGE OF CHARGE
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TITLE NUMBER: .........................................
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Date of Discharge:
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Date of Registration of Charge(s) and EntryNumber
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The Chargor:
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Give full name(s) and if corporate the registration number, if any
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The Chargee:
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Give full name(s) and company's registration number, if any
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The Principal Amount Secured Under theCharge(s)
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The amounts secured under the Charge(s) having been paid or being otherwise secured the chargee HEREBY DISCHARGES the Charge(s) shown as entry number(s) ........................ in the Encumbrances Section of the register of the above-mentioned Title wholly.
IN WITNESS WHEREOF this discharge has been duly executed as a deed the date and year mentioned above.
EXECUTION:
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Sealed with the Common Seal of the Chargee in the presence of:...........................Director.............................Director/Secretary
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Common Seal
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........................................Advocate
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Certificate of Verification under Section 45 of the Land Registration Act
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I CERTIFY that .................................................... and ............................. being the persons witnessing the affixing of the Common Seal of the Chargor appeared before me on......................... and being known to me/being identified by................... of......................... freely and voluntarily executed this instrument.
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.......................................................................Name and signature of person certifying
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SIGNED by the duly authorised attorneys of the Chargee under and by virtue of Powers of Attorney registered at the District Lands Registry as number ................. and..................... and at the Registry of Documents at Nairobi as Number.......................... and........................ respectively in the presence of
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..................................................................Signature of bank official as witness
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Certificate of Verification under Section 45 of the Land Registration Act
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I CERTIFY that .................................................... and ............................. being the duly constituted attorney(s) of the Bank appeared before me on............................ and being known to me/being identified by........................ of.............................. acknowledged the above signature or mark to be his/hers/theirs and that he/she/they had freely and voluntarily executed this instrument and understood its contents.
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....................................................................................Name and signature of person certifying
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REGISTERED this............................ day of............................. 20......................
ENTRY in Encumbrances Section Number:..............................................
LAND REGISTRAR Seal................................................................
Name:..................................... Registrar's Stamp/No ...........................
Signature:................................................
DRAWN BY:
_______________________________
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Form LRA 59
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(r. 74(2))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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PARTIAL DISCHARGE OF CHARGE
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TITLE NUMBER: .........................................
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Date of Discharge:
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Date of Registration ofCharge(s) and entryNumber
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The Chargor:
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Give full name(s) and if corporate the registration number, if any
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The Chargee:
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Give full name(s) and company's registration number, if any
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The Principal Amount Secured Under the Charge
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Property Released from Charge
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| 1. |
The amounts secured under the Charge(s) being otherwise secured the Chargee HEREBY DISCHARGES the Charge(s) shown as entry number(s) ....................... in the Encumbrances Section of the register of the above-mentioned Title wholly.
OR
The Chargee HEREBY DISCHARGES the Charge(s) shown as entry number(s) ..... in the Encumbrances Section of the register in the above-mentioned
Title in relation to [....................].
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| 2. |
This is a Partial Discharge.
EXECUTION
IN WITNESS WHEREOF this partial discharge has been duly executed as a deed the day and year mentioned above.
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SIGNED AND SEALED by the duly authorisedattorney(ies) of the Chargee under and by virtue of Powers of Attorney registered at the ................... Lands registry as number .......... and and at the registry of Documents at ................ as Number................... and............................... respectively in the presence of:—............................................Name and signature of person certifying
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.........................................................Attorney(s) signature(s)
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Verification of execution pursuant to Section 45 of the Land Registration Act
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I CERTIFY that ................................ and ......................... being the duly constituted attorney(ies) of the Chargee appeared before me on........................ and being known to me/being identified by............................ of........................... acknowledged the above signature or mark to be his/hers/theirs and that he/she/they had freely and voluntarily executed this instrument and understood its contents.
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.........................................................................Name and signature of person certifying
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REGISTERED this ................. day of ............................. 20 .................
ENTRY in Encumbrances Section Number: ...........................
Seal ...............................
LAND REGISTRAR
Name: ........................... Registrar's Stamp / No. ...........
Signature: ..........................................
DRAWN BY:
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_______________________________
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Form LRA 60
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(r. 75 (1))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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TRANSFER PURSUANT TO PURCHASE BY CHARGEE WITH LEAYE OF COURT
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TITLE NUMBER: .........................................
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Date of this Transfer:
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Date of Charge(s)
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Charge(s) Registered in the Register as Entry Number(s):
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Chargee (as Transferor)
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Give full name(s) and if corporate the registered number, if any
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Transferee (being the Chargee)
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Give full name(s) and company's registered number, if any
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Chargor
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Give full name(s) and company's registered number, if any
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Court Order
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Case No:.Parties:Date of Order:
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Consideration for the Transfer
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** The Sum of
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| 1. |
The Chargee in exercise of its power of sale and with the leave of the Court HEREBY TRANSFERS to the Transferee (being the chargee) the interest comprised in the above Title;
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| 2. |
The Transfer is subject to the following:
| (a) |
The provisions of The Land Registration Act (Cap. 300) and The Land Act (Cap. 280);
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| (b) |
The interests noted in the Register of the Title;
BUT otherwise free of the Charge(s)
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| 3. |
The Transfer is also subject to the following additional provisions, if any:
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| 4. |
The Transferee(s) shall hold the land comprised in the Title as joint proprietors/as proprietors in common*** in the following undivided shares:-
IN WITNESS the Chargee (as Transferor) and the Transferee (being the chargee) have signed this Transfer as a deed.
EXECUTION:
REGISTERED and SEALED this ................ day of ..................... 20 ....................
LAND REGISTRAR Seal ...................................................
Name ........................ Registrar's Stamp/No...........................
Signature:............................
DRAWN BY:
Notes:
*Delete whichever is not applicable.
**The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
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_______________________________
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Form LRA 61
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(r. 75 (3))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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TRANSFER PURSUANT TO PURCHASE BY CHARGEE IN A PUBLIC AUCTION
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TITLE NUMBER: .........................................
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Date of this Transfer:
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Date of Charge(s)
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Charge(s) Registered in the Register as Entry Number(s):
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Date of Auction
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Chargee (as Transferor)
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Give full name(s) and if corporate the registered number, if any
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Transferee (being the Chargee)
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Give full name(s) and company's registered number, if any
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Chargor
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Give full name(s) and company's registered number, if any
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Consideration for the Transfer
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** The Sum of:
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| 1. |
The Chargee in exercise of its power of sale and pursuant to a public auction HEREBY TRANSFERS to the Transferee (being the Chargee) the interest comprised in the above Title;
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| 2. |
The Transfer is subject to the following:
| (a) |
The provisions of The Land Registration Act (Cap. 300) and The Land Act (Cap. 280);
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| (b) |
The interests noted in the Register of the Title;
BUT otherwise free of the Charge(s)
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| 3. |
The Transfer is also subject to the following additional provisions, if any:
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| 4. |
The Transferee(s) shall hold the land comprised in the Title as joint proprietors/as proprietors in common*** in the following undivided shares:-
IN WITNESS the chargee (as Transferor) and the Transferee (being the Transferee)
have signed this Transfer as a deed.
EXECUTION:
REGISTERED and SEALED this day of .........20....
LAND REGISTRAR Seal.....
Name...... ....... Registrar's Stamp/No. ....................
Signature:.....
DRAWN BY:
Notes:
*Delete whichever is not applicable.
**The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
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_______________________________
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Form LRA 62
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(r. 76(1))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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LEASE
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TITLE NUMBER: .........................................
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Date of Lease
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Lessor
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Lessee
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Demised Premises
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(details to include as applicable coordinates of the land, the area of the demised premises and the number of the floor. Provide the survey plan registered as provided in the Act)
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Term
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Rent / Stand Premium
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Service Charge
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Cadastral Plan of the Demised Premises (where applicable)
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Sectional Plan(s) of the Demised Premises (whereapplicable)
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THIS LEASE witnesses as follows:
The Lessor as legal and or beneficial owner of the above noted Title HEREBY LEASES to the Lessee the Demised Premises for the Term subject to the payment of the Rent and the Service Charge and subject to the conditions set out in this Lease.
Insert Additional Provisions as required by the law and the contract between the parties including in the case of long term leases provisions on extension of lease and transfer of reversionary interest.
IN WITNESS this Lease has been duly executed as a deed by the parties hereto the day and year mentioned above.
Execution
Person Certifying the Execution
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Certificate of Verification under Section 45 of the Land Registration act
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I CERTIFY that................................. and................................ being the persons witnessing the affixing of the Common Seal of the Lessor appeared before me on....................... and being known to me/being identified by *............................ of............................ acknowledged the above signatures or marks to be theirs and that they had freely and voluntarily executed this instrument and understood its contents.
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..................................................................................Name and signature of person certifying
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REGISTERED this .................... day of ................................. 20 ...................
Seal ...............................................
LAND REGISTRAR
Name: ........................... Registrar's Stamp / No...................
Signature:
DRAWN BY:
Notes:
*Delete whichever is not applicable.
**The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number."
_______________________________
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Form LRA 63
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(r. 76(2)(s), 77(2)(g))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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TRANSFER OF LEASE
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TITLE NUMBER: .........................................
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Date of Transfer
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Transferor(s)
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*
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Transferee(s)
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*
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Consideration
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**
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This TRANSFER OF LEASE wirnesses as follows;
| 1. |
The Transferor as the legal [and beneficial] *** owner HEREBY TRANSFERS all his/her/its right title and interest in the above Title.
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| 2. |
The Transferor acknowledges receipt of the Consideration.
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| 3. |
The transfer is SUBJECT to the provisions of The Land Act (Cap. 280), The Land Registration Act (Cap. 300), the Lease and the interests noted in the Register of the Title but otherwise free from encumbrances.
The Transferee(s) shall hold the land asjoint proprietors/as proprietors in common*** in the following undivided shares:-
REGISTERED and SEALED this ..................... day of ......................... 20 ......................
LAND REGISTRAR Seal .............................................
Name: ............................... Registrar's Stamp / No. .......................
Signature: .................................
DRAWN BY:
Notes:
Insert full name(s) registration number(s) registered offtce and address, as applicable.
** Insert currency, amount and other consideration.
*** Delete whichever is not applicable.
****The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number
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_______________________________
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Form LRA 64
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(r. 77 (1))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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LEASE (Long Term)
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TITLE NUMBER: .........................................
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Date of Lease
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Lessor
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Lessee
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Demised Premises
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(Details of the floor where applicable)
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Term
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Rent / Stand Premium
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Service Charge
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Management Company
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(Where applicable give details , Registration particulars and Address of Service in Kenya)
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Cadastral Plan of the Demised Premises (where applicable)
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Sectional Plan(s) of the Demised Premises (where applicable)
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THIS LEASE witnesses as follows:
The Lessor as legal and or beneficial owner of the above noted Title HEREBY LEASES to the Lessee the Demised Premises for the Term subject to the payment of the Rent and the Service Charge and subject to the conditions set out in this Lease.
Insert Additional Provisions as required by the law and the contract between the parties including in the case oflong term leases provisions on extension of lease and transfer of reversionary interest.
IN WITNESS this Lease has been duly executed as a deed by the parties hereto.
Execution
All parties including the Guarantor(s) must execute.
_______________________________
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Form LRA 65
|
(r. 78)
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|
REPUBLIC OF KENYA
|
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THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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SURRENDER OF LEASE
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TITLE NUMBER: .........................................
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Date of Surrender of Lease
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Entry No. in the Encumbrances Section
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Lessor
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Lessee
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Demised Premises
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Term
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Guarantor* * (where applicable)
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IN CONSIDERATION of ....................................* (the receipt whereof is hereby acknowledged by the Lessor)* the Lessee HEREBY SURRENDERS the Lease comprised in the above-mentioned Title and the Lessor HEREBY ACCEPTS the said Surrender.
IN WITNESS this Surrender of Lease has been duly executed by the parties hereto.
All parties including the Guarantor(s) must execute.
EXECUTION
IN WITNESS WHEREOF this discharge has been duly executed this ..................... day of ................, 20 ...............
REGISTERED this ................... day of ...................... 20 .........
LAND REGISTRAR Seal ..........................................
Name:............................. Registrar's Stamp/No............................
Signature:....................................
DRAWN BY:
Notes:
*Delete whichever is not applicable.
**The person attesting the signature must authenticate the coloured passport size photograph, National ID Number and Tax PIN Number.
_______________________________
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Form LRA 66
|
(r. 79 (2))
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REPUBLIC OF KENYA
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THE LAND REGISTRATION ACT
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|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
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LEADING APPLICATION FOR REGISTRATION OF AN INHIBITION ORDER
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TITLE NUMBER: .........................................
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Date of Application
|
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The Applicant:
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Give full name(s) ID/Passport number and address, if corporate include the registered number, as well as address for service in Kenya
|
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Court Order Issued under Case Number
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Give details of the Case Number and parties
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The Applicant HEREBY APPLIES for the registration of the above Court Order issued on the ............ day of ................. 20 ........ in respect of the above mentioned land.
A copy of the Court Order duly sealed is attached.
EXECUTION:
_______________________________
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Form LRA 67
|
(r. 80(1))
|
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REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
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CAUTION
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TITLE NUMBER: .........................................
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Date of Caution
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The Cautioner:
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Give full name(s)
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ID/Passport No.Registration No of the Cautioner (if any)
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Address of the Cautioner (within Kenya for service of Notice).
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The Proprietor:
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Give full name(s)
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ID/PassportRegistration No. of the Proprietor (if any)
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PIN Number.
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Citizenship/Place of registration.
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Address of the Proprietor (within Kenya for service of notice).
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Interest Claimed
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Extent or Scope of the Caution(Absolutely/Subject to the Interest of the Cautioner)
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| 1. |
The Cautioner HEREBY APPLIES for registration of a Caution over the above Title to the extent or scope stated above.
|
| 2. |
The Cautioner forbid the registration of dealings and the making of entries in the register relating to the Title to the extent or scope of the Caution without the Cautioner's consent until this Caution has been withdrawn by the Cautioner or removed by order of the Court or the Registrar.
|
| 3. |
The Cautioner hereby attaches the following documents in support of the application*:—
i. ........................................................................................
ii. ........................................................................................
iii. ......................................................................................
IN WITNESS the Cautioner has signed this Caution.
EXECUTION:
REGISTERED and SEALED this .......... day of ................... 20 ...........
seal ...........................
LAND REGISTRAR
Name:
Signature: (P.T.O)
*Copies of Sale Agreement, Letters of Administration, Letter of Offer etc.
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I, .............................................. (in support ofthis caution) do hereby sincerely declare as follows:—
.....................................................................................................
......................................................................................................
I make this declaration conscientiously believing the same to be true and according to the Oaths and Statutory Declaration Act.
_______________________________
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Form LRA 68
|
(r. 80 (3))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
NOTICE OF CAUTION
|
|
TITLE NUMBER:...............................
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|
Date of Caution
|
|
|
The Cautioner:
|
Give full name(s) and if corporate the registration number, if any
|
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The Proprietor:
|
Give full name(s) and company's registration number, if any
|
The Land Registrar HEREBY NOTIFIES the Proprietor of a Caution which has been registered on the Register by the Cautioner claiming ................................ interest on the Title.
Details of the Caution are available from the Land registry on application.
SIGNED by the Land Registrar
LAND REGISTRAR
Name: ........................... Registrar's Stamp / No. ................................
Signature: ...............................................
_______________________________
|
Form LRA 69
|
(r. 80(4))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
WITHDRAWAL OF CAUTION
|
|
TITLE NUMBER: .........................................
|
|
Date of Instrument of Withdrawal of Caution:
|
|
|
Date of Caution
|
|
|
The Cautioner:
|
*
|
|
The Proprietor:
|
*
|
The Cautioner HEREBY APPLIES to withdraw the Caution registered in Entry Number(s) ............................... on theEncumbrances Section of the Register.
EXECUTION
IN WITNESS WHEREOF this withdrawal of caution has been duly executed this ..................... day of ........................... 20 .............
REGISTERED and SEALED this .................. day of ...................... 20 ..................
LAND REGISTRAR Seal .....................................................
Name: ..................................... Registrar's Stamp / No. ...........................
Signature: ...............................................
Notes:
* Give full names ID/Passport No.; PIN and Address
_______________________________
|
Form LRA 70
|
(r. 80 (5))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
APPLICATION TO REMOVE CAUTION
|
|
TITLE NUMBER: .........................................
|
|
Date of Application
|
|
|
Date of Caution
|
|
|
The Applicant:
|
*
|
|
The Proprietor:
|
*
|
| 1. |
The Applicant HEREBY APPLIES to remove the Caution registered in Entry Number(s) ................... on the Encumbrances Section of the Register.
|
| 2. |
The grounds for the application are as follows:—
| (a) |
.......................................................................
|
| (b) |
.......................................................................
|
| (c) |
.......................................................................
(Attach supporting documents as necessary)
|
EXECUTION
IN WITNESS WHEREOF this application for removal of caution has been duly executed this .................... day of ......................... 20 ..............
Notes:
*Give full names ID/Passport No.; PIN and Address
|
_______________________________
|
Form LRA 71
|
(r. 80 (6))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
NOTICE OF INTENTION TO REMOVE A CAUTION
|
|
TITLE NUMBER: ..........................................
|
|
Date of Caution
|
|
|
The Cautioner:
|
Give full name(s) and if corporate the registration number, if any
|
|
The Proprietor;
|
Give full name(s) and if company's registration number, if any
|
The Registrar having received an application to remove a Caution from the Proprietor HEREBY NOTIFIES the Cautioner that the Caution will be removed thirty (30) days from the date of posting this Notice unless the Cautioner submits to the Lands registry and before the expiry of the Notice period a Notice of Objection to Remove the Caution (duly completed Form LRA-55) .
Dated this .................... day of ........................... 20 ....................
ISSUED by the Registrar
REGISTRAR
Name: ....................................... Registrar's Stamp/No................................
Signature: .....................................
_______________________________
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|
|
|
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|
|
Form LRA 72
|
(r. 80 (7))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
NOTICE OF OBJECTION TO REMOVAL OF A CAUTION
|
|
TITLE NUMBER: .................................
|
|
|
|
Date of Application to remove Caution
|
|
|
Date of Caution:
|
|
|
The Cautioner:
|
Give full name(s) and if corporate the registration number, if any
|
|
The Proprietor/Interested Party:
|
Give full name(s) and company's registration number, if any
|
The Cautioner HEREBY NOTIFIES the Land Registrar of his/her/its objection to the removal of the Caution registered in Entry Number(s)........................ on the Encumbrances Section of the Register.
EXECUTION
IN WITNESS WHEREOF this notice of objection has been duly executed this........................... day of....................... 20.....................
_______________________________
|
|
|
|
|
|
|
Form LRA 73
|
(r. 80 (8))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
NOTICE FOR OF HEARING ON APPLICATION TO REMOVE CAUTION
|
|
TITLE NUMBER: ....................
|
|
|
|
Date of Hearing
|
|
|
Date of Caution
|
|
|
The Cautioner:
|
Give full name(s) and if corporate the registration number, if any
|
|
The Proprietor:
|
Give full name(s) and company's registration number, if any
|
The Land Registrar upon receiving an application to remove a Caution from the Proprietor and following the objection by the cautioner, HEREBY NOTIFIES the Cautioner and the Proprietor of a Hearing to determine the application to be held in the office of the Land Registrar on the ........................ day of .................. 20 ............... at ................. AM/PM. Please bring all the relevant supporting documents (original and copy) and witnesses, if any.
SIGNED:
LAND REGISTRAR
Name: ................................. Registrar's Stamp / No. ....................................
Signature: ....................................................................
_______________________________
|
Form LRA 74
|
(r. 80 (10))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
ORDER OF THE REGISTRAR ON AN APPLICATION TO REMOVE A CAUTION
|
|
TITLE NUMBER: ....................
|
|
Date of Application
|
|
|
Date and Entry No. of Caution
|
|
|
Proprietor
|
|
|
Applicant
|
|
| 1. |
Upon the expiry of the Notice issued on the .......................... day of .......................... 20 ............., the Registrar has with effect hereof removed the Caution registered as Entry Number....................... on the Property Section of the Register to the Title.
|
| 2. |
Pursuant to the hearing held on the ............. day of ........................... 20 .................... the Registrar HEREBY NOTIFIES the Proprietor and the Applicant as follows:
| (a) |
The Registrar has with effect from the date hereof removed/declined to remove (cancel as appropriate) the Caution registered as Entry Number .......................... on the Property Section of the Register to the Title.
|
| (b) |
The Registrar does not make orders as to costs/makes the following orders as to costs:—
|
| (i) |
...................................................................;
|
| (ii) |
....................................................................
|
SIGNED by the Land Registrar
LAND REGISTRAR
Name: ...................................... Registrar's Stamp/No. .................................
Signature: ..............................................................
Note:
|
_______________________________
|
Form LRA 75
|
(r. 81 (1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
APPLICATION FOR A RESTRICTION
|
|
TITLE NUMBER: .........................................
|
|
Date of Application
|
|
|
Proprietor
|
|
|
Applicant
|
|
|
Grounds of Application for Restriction
|
|
|
Nature of Restriction
|
|
|
Duration of Restriction
|
|
The Applicant HEREBY APPLIES to the Registrar to register a restriction on the Proprietorship Section of the Register.
EXECUTION:
IN WITNESS WHEREOF this application for a restriction has been duly executed this .................. day of .......................... 20 ....................
_______________________________
|
Form LRA 76
|
(r. 81 (2), (5))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
NOTICE OF INTENTION TO REGISTER/REMOVE/VARY A RESTRICTION
|
|
TITLE NUMBER: ....................
|
|
Date of Notice
|
|
|
Proprietor:
|
Give full name(s) and company's registration number, if any as per Register
|
|
Interested Party (if any)
|
|
The Registrar HEREBY NOTIFIES the Proprietor and the Interested party (if any) of intention to register a restriction on the register of the above Title prohibiting any further dealings on the following grounds:
| (a) |
.................................................................
|
| (b) |
.................................................................
|
| (c) |
..................................................................
|
You are hereby notified to appear before the Registrar on the ....................... day of .................. 20 .................... at ...................... AM/PM with such documents and,/or representations that you deem necessary to assist in the inquiries in the matter. Please note that the Registrar will make a determination on the matter after the said date.
ISSUED by the Registrar
LAND REGISTRAR
Name: ......................................... Registrar's Stamp / No. ...................................
Signature: ...............................................................
_______________________________
|
Form LRA 77
|
(r. 81 (3))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
NOTICE OF RESTRICTION
|
|
TITLE NUMBER: ....................
|
|
Date of Restriction
|
|
|
Proprietor
|
|
|
Applicant*
|
|
| 1. |
Notice is hereby given that the Registrar has placed a restriction on the above-mentioned title this .................. day of ...................... 20 ..................; OR
|
| 2. |
Pursuant to the hearing conducted on the.....................day of...................... 20 ................... the Registrar HEREBY NOTIFIES the Proprietor and the Applicant that after due consideration:
|
| 1. |
The Registrar has registered a Restriction on the Register to the Title as follows:—
| (a) |
For a period of ................................; or
|
| (b) |
Until ....................................................; or
|
| (c) |
Until the making of a further order.
|
The Restriction forbids all dealings/the following dealings:
....................................................................
...................................................................
|
| 2. |
The Registrar has declined to register a Restriction on the Title.
SIGNED by the Land Registrar
LAND REGISTRAR
Name: ................................. Registrar's Stamp / No. ...............................
Signature: ............................................................
Note:
*where applicable
|
_______________________________
|
Form LRA 78
|
(r. 81 (4))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
APPLICATION TO REMOVE OR VARY A RESTRICTION
|
|
TITLE NUMBER: .........................................
|
|
Date of Application toremove or vary a Restriction
|
|
|
Date of the Restriction
|
|
|
Applicant /Person Interested:
|
Give full name(s) and d corporate the registration number, if any
|
|
ID/Passport CompanyRegistration No. of Applicant/Person interested (if any)
|
|
The Applicant/Person Interested HEREBY APPLIES to the Land Registrar to vary/remove* the Restriction registered in Entry Number(s) ..... on the Encumbrances Section of the Register on the grounds that:
| 1. |
......................................................
|
| 2. |
.......................................................
|
| 3. |
......................................................
* delete where not applicable
IN WITNESS WHEREOF this application for removal/variation of Restriction has been duly executed this .......... day of...... .......... 20....
EXECUTION:
|
_______________________________
|
Form LRA 79
|
(r. 81 (6))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
NOTICE OF VARIATION/REMOVAL OF RESTRICTION
|
|
TITLE NUMBER: ....................
|
|
Date and Entry No. of Restriction
|
|
|
Proprietor
|
|
|
Applicant*
|
|
Pursuant to the hearing held on the..................... day of 20.......................... the Registrar HEREBY NOTIFIES the Proprietor and the Applicant as follows:
| 1. |
The Registrar has with effect from the date hereof varied the Restriction registered as Entry Number ............. on the Property Section of the Register to the Title as follows:—
| (a) |
...........................................................;
|
| (b) |
...........................................................; or
|
|
| 2. |
The Registrar has with effect hereof removed the Restriction registered as Entry Number........................... on the Property Section of the Register to the Title.
SIGNED by the Land Registrar
LAND REGISTRAR
Name: ............................... Registrar's Stamp/No. ................................
Signature: ........................................................
Note:
*where applicable
|
_______________________________
|
Form LRA 80
|
(r. 82)
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
GRANT OF EASEMENT/ANALOGOUS RIGHT
|
|
TITLE NUMBER: ........................,
|
|
Date of Instrument
|
|
|
Proprietor/Grantor
|
|
|
Grantee
|
|
|
Nature of Easement/analogous right Granted
|
|
|
Conditions
|
|
|
Period of Easement
|
|
|
land or specific part burdened by the easement
|
|
|
Dominant Land
|
|
In consideration of ........................................... (receipt whereof is hereby acknowledged by the Grantor) the Grantor HEREBY GRANTS to the Grantee an Easement/analogous right over the above Title in the nature for the period and subject to the conditions stated above.
EXECUTION:
IN WITNESS WHEREOF this grant of easement has been duly executed by the parties herein.
REGISTERED this .................. day of ................... 20 ...............
LAND REGISTRAR
Seal.....................
Name:..................Registrar's Stamp / No..............
Signature:............................
DRAWN BY:
_______________________________
|
|
|
|
|
|
|
Form LRA 81
|
(r. 83)
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
CANCELLATION OF EASEMENT/ANALOGOUS RIGHTS BY PERSON OCCUPYING DOMINANT LAND
|
|
TITLE NUMBER: .................................
|
|
Date of Easement/ Analogous right
|
|
|
Dominant Land
|
|
|
Proprietor of Dominant Land
|
|
|
The Proprietor(s)/Grantors :
|
|
I, .................................. being the person occupying the dominant land DO HEREBY cancel the above easemenUanalogous right granted/created and consent of lessee/lender executed in Form LRA 82 is hereby attached.
EXECUTION:
DRAWN BY:
_______________________________
|
Form LRA 82
|
(r. 84)
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
CONSENT OF LESSEE OR LENDER ON CANCELLATION OF EASEMENT/ANALOGOUS RIGHT BY THE PERSON OCCUPYING DOMINANT LAND
|
|
TITLE NUMBER: ..........................................
|
|
Date of Easement/ Analogous right
|
|
|
Dominant Land
|
|
|
Proprietor of Dominant Land
|
|
|
The Proprietor(s)/Grantors :
|
|
I, ....................... being the lessee/lender for the time being entitled to the benefit from the easement/analogous right in respect to the dominant land do hereby consent to the cancellation of the easemenUanalogous right application made by the person occupying the dominant land.
EXECUTION:
DRAWN BY:
|
Date Received.............................
|
Presentation BookNo............................
|
Official Fees paidKshs.
|
Receipt No.
|
_______________________________
|
Form LRA 83
|
(r. 85)
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT (No. 3 of 2012)
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
APPLICATION FOR CANCELLATION OF EASEMENT/ANALOGOUS RIGHTS BY PERSON OCCUPYING SERVIENT LAND
|
|
TITLE NUMBER: ....................................
|
|
Date of Easement/ Analogous right
|
|
|
Dominant Land
|
|
|
Proprietor of Dominant Land
|
|
|
The Proprietor(s)/Grantors :
|
|
I, ............................. being the person occupying the servient land DO HEREBY cancel the above easementianalogous right granted/created as shown above.
EXECUTION:
DRAWN BY:
_______________________________
|
Form LRA 84
|
(r. 86 (1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
APPLICATION FOR OFFICIAL SEARCH
|
|
TITLE NUMBER: .........................................
|
|
Date of Application
|
|
|
Applicant
|
Name: ............................................ID/Passport No.: ..............................PIN No.:............................................Address:............................................Telephone No:....................................Email address (if any): ........................NB: Application for Searches can be made by Interested Parties or their Agents. For purposes of this document, an agent is any person or firm registered by a professional body.
|
|
Purpose of Search
|
|
|
Scope of Search
|
(a) particulars of the subsisting entries in the register of the above-mentioned title; or(b)Particulars noted on : the Property Section/the Proprietorship Section/Encumbrances Section of theRegister**select as appropriate
|
|
Copy of Documents Requested
|
Please supply a certified copy of each of the following:—(a)...............................................(b)...............................................(c)................................................(d)...............................................NB. There is a fee for each copy
|
|
Signature of Applicant
|
|
|
Search Application No.
|
|
|
Time of Receipt
|
|
|
Booking Officer
|
|
|
Search Collected by
|
Name:.............................................ID/Passport No.: ..............................Signature:.........................................Date:................................................
|
Notes:
| 1. |
Application to be submitted in triplicate.
|
| 2. |
Applicant to attach copy of original title document, unless exempted by Registrar.
|
| 3. |
Duplicate to be stamped and released to the Applicant.
|
| 4. |
Triplicate to be retained by the Land registry for its records.
|
| 5. |
Original to be returned to the Applicant together with the Certificate of Search.
|
_______________________________
|
Form LRA 85
|
(r. 86 (3))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
CERTIFICATE OF OFFICIAL SEARCH
|
|
TITLE NO. ..............................
|
|
SEARCH NO. ..............................
|
On the........................ day of...................... 20................. the following were the subsisting entries on the register of the above-mentioned title:
Part A - Property Section [easements, etc.]
Nature of title ...............................................
Approximate area ..............................................
Part B - Proprietorship Section
Name and address of proprietor
Inhibitions, cautions and restrictions— ............................
Part C - Encumbrances Section fleases, charges, etc.]
The following application are pending:
| (a) |
...............................................................
|
| (b) |
..............................................................
|
| (c) |
..............................................................
|
| (d) |
..............................................................
|
The following certified copies are attached as requested:
| (a) |
................................................................
|
| (b) |
................................................................
|
| (c) |
................................................................
|
| (d) |
................................................................
|
Date .................... day ......................... 20 .................
|
|
|
Seal ...................................
|
SIGNED by the Registrar
Name:
Signature:
_______________________________
|
|
|
|
|
|
|
Form LRA 86
|
(r. 87 (4))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
APPLICATION TO THE REGISTRAR FOR APPROVAL OF A DOCUMENT FOR USE WHERE NO FORM HAS BEEN PRESCRIBED
|
|
TITLE NUMBER: .........................................
|
|
Date of Application
|
|
|
The Applicant:
|
Give full name(s) and if corporate the registered number, if any
|
|
Proposed document
|
Proposed Form to be Approved is herewith attached*
|
The Applicant HEREBY APPLIES to the Land Registrar for approval of the above named form for use the following grounds that no form of the above nature and purpose has been prescribed:
In support of this Application, the Applicant attaches a statutory declaration and supporting documents.
Signature of applicant:.............................................
_______________________________
|
|
|
|
Form LRA 87
|
(r. 91 (1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
APPLICATION TO RECTIFY THE REGISTER
|
|
TITLE NUMBER: .........................................
|
|
Date of Application
|
|
|
Applicant
|
Give full name(s)
|
|
I D/Passport/Registration No. of Applicant (if any)
|
|
The Applicant HEREBY APPLIES to the Land Registrar to rectiff the register of the above named land as follows:
| 1. |
............................................................
|
| 2. |
............................................................
|
| 3. |
............................................................
The application is made on the grounds that*:
|
| 1. |
............................................................
|
| 2. |
.............................................................
|
| 3. |
.............................................................
*Provide supporting documents
IN WITNESS WHEREOF this application for rectification of the register has been duly executed this ............... day of ..................... 20 ................
EXECUTION:
|
_______________________________
|
Form LRA 88
|
(r. 91 (2))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
CONSENT TO RECTIFY THE REGISTER BY A COMPANY
|
|
TITLE NUMBER: .........................................
|
|
Date of consent:
|
|
|
Name of Proprietor
|
|
|
Name of party giving consent:
|
Name:............................................................Registration No:......................................
|
|
Nature of rectification Consented:
|
|
The above named being the affected party hereby acknowledges and declares that:—
| 1. |
It has full knowledge of the intended rectification; and
|
| 2. |
It has understood the nature and effect of this Consent;
AND the Company HEREBY CONSENTS to the rectification of the register.
IN WITNESS the Company has signed this Consent as a deed.
EXECUTION:
|
SEALED with the Common Seal of the Company in the presence of:—...........................................Director............................................Director/ Secretary Director/Secretary
|
Common Seal
|
|
Certificate of Verification
|
|
I CERTIFY that........................... and.............................. being the persons witnessing the affixing of the Common Seal of the Company appeared before me on........................... and being known to me/being identified by........................ of........................... freely and voluntarily executed this instrument..........................................Name and signature of person certifying
|
|
_______________________________
|
Form LRA 89
|
(r. 91 (3))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
CONSENT TO RECTIFY THE REGISTER BY INDIVIDUAL
|
|
TITLE NUMBER: .........................................
|
|
Date of consent:
|
|
|
Name of Proprietor
|
|
|
Name of party giving consent:
|
Name:...................................................ID/PP No:........................................
|
|
Nature of rectification Consented:
|
|
The above named being the affected party/parties hereby acknowledge and declare that:—
| 1. |
I/We have full knowledge of the intended rectification;
|
| 2. |
l/We understand the nature and effect of this Consent;
AND I/We HEREBY CONSENT to the rectification of the register.
EXECUTION:
LAND REGISTRAR
Name: ............................... Registrar's Stamp / No. ........................
Signature: ....................................................
Drawn By:
|
_______________________________
|
Form LRA 90
|
(r. 92 (1))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
NOTICE OF RECTIFICATION OF REGISTER BY REGISTRAR
|
|
TITLE NUMBER ..............................
|
|
Date of Notice:
|
|
|
Proprietor:
|
Give full name(s) and company's registration number, if any
|
| 1. |
Upon resurvey, the Regisffar HEREBY NOTIFIES the Proprietor that after the expiry of Forty-Five (45) days from the date of service of this Notice the register of the above Title shall be rectified as follows:—
a) ...........................................................
b) ...........................................................
c) ...........................................................
|
| 2. |
Note that pending the expiry of this notice and the rectification of the register, dealings on the above Title are hereby prohibited.
|
| 3. |
The amended Cadastral Map is available for inspection at the Survey office.
LAND REGISTRAR
Name:....................................... Registrar's Stamp / No...........................
Signature:..........................................................
|
_______________________________
|
Form LRA 91
|
(r. 92 (2))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
NOTICE OF INTENTION TO RECTIFY REGISTER
|
|
TITLE NUMBER: ..............................
|
|
Date of Notice:
|
|
|
Proprietor:
|
Give full name(s), ID/Passport No. and company's registration number, if any
|
| 1. |
The Registrar HEREBY GIVES NOTICE of intention to rectiff the register of the above Title on the following grounds:
a) ...........................................................................
b) ...........................................................................
c) ...........................................................................
|
| 2. |
Note that pending the expiry of this notice and the rectification of the register, dealings on the above Title are hereby prohibited.
|
| 3. |
You are hereby notified to appear before the Registrar on the ......................... day of .......................... 20 ................. at ................... [Place] at ........................ AM/PM with such documents and/or representations that you deem necessary to assist in the rectification of the register. Please note that the Registrar may proceed to make the rectification of the register after ninety (90) days from the date of service of this Notice without any further reference to you.
Dated this ................... day of ...................... 20 ..............
ISSUED by the Registrar
|
|
|
Seal ..........................................
|
LAND REGISTRAR
Name: ................................. Registrar's Stamp / No. ............................
Signature: .................................................
|
_______________________________
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Form LRA 92
|
(r. 92 (3))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
ORDER OF RECTIFICATION OF REGISTER
|
|
TITLE NUMBER: ..............................
|
|
Date of Notice
|
|
|
Date of Hearing
|
|
|
Proprietor
|
|
|
Affected Parties
|
|
| 1. |
Upon the expiry of the Notice issued on the............................. day of....................... 20..................., the Registrar has with effect from the date hereof rectified the register as follows:—
| (a) |
...............................................................;
|
| (b) |
...............................................................;
|
| (c) |
...............................................................;
|
|
| 2. |
Pursuant to the hearing held on the............................... day of ...................... 20 ..................... and the decision made on the .............................. day of .............. 20 .............., the Registrar HEREBY NOTIFIES the Proprietor and the Affected Parties that at the expiry of fourteen (14) days from the date of service of this Order, the Registrar shall rectify the Register as follows:—
| (a) |
...........................................................;
|
| (b) |
...........................................................;
|
| (c) |
...........................................................;
|
SIGNED by the Land Registrar
LAND REGISTRAR
Name: ............................. Registrar's StamP / No. ..................
Signature: ........................................
|
_______________________________
|
Form LRA 93
|
(r. 93(2))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
SUMMONS
|
|
TITLE NUMBER: ..............................
|
|
Date of Summons
|
|
|
Name of party:
|
Give full name(s) and if corporate the registered number, if any
|
|
Documents Required
|
1.2.
|
The above named party is hereby summoned to appear before the Land Registrar on the ........................ day of ...................... 20 .............. at ......................... [Place] at ......................... AM/PM for purposes of examining the above documents, and he/she is hereby required to bring with him/trer and produce at the time and place the above documents, and all other writings and documents in his/her custody and power relating to the Title or the Land /interest in Land.
SIGNED by the Land Registrar
LAND REGISTRAR
Name. .................................. Registrar's Stamp/No. ........................
Signature: .................................................
_______________________________
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
|
|
APPLICATION FOR RECTIFICATION OF REGISTER PURSUANT TO A COURT ORDER
|
|
TITLE NUMBER: .........................................
|
|
Date of Application
|
|
|
The Applicant:
|
Give full name(s)
|
|
ID/Passport/Company Registration No. (if any)
|
|
|
Date of Court Order
|
|
The Applicant HEREBY APPLIES to the Land Registrar for the registration of the above mentioned Court Order for the rectification of the Register of the above named Land in the manner set out in the Order.
In support of this Application the Applicant attaches a Certified True copy of the Court Order.
EXECUTION:
|
SIGNED by the Applicant in the presence of:—
|
|
|
Certificate of Verification
|
|
I CERTIFY that the above-named ............................................ appeared before me on the ........................ day of ............................... 20 .................. and being known to me/being identified by* ................................................ of ............................... acknowledge the above signatures or marks to be his/hers/theirs and that he/she/they had freely and voluntarily executed this instrument and understood its contents...........................................................................................Signature and Designation of Person Certifying**
|
THE LAND REGISTRATION (REGISTRATION UNITS) ORDER
ARRANGEMENT OF REGULATIONS
| 3. |
Establishment of registration units
|
| 4. |
Commencing survey and other activities in a registration unit
|
| 5. |
Objections to information in the conversion list and cadastral map
|
| 6. |
Particulars by the complainant
|
| 7. |
Registrar to resolve issues in the conversion list
|
| 8. |
Migration of registries and titles
|
SCHEDULES
| FIRST SCHEDULE [r. 3] — |
LAND REGISTRATION UNITS AND LAND REGISTRIES IN RESPECTIVE COUNTIES
|
| SECOND SCHEDULE [r. 5] — |
FORMS
|
THE LAND REGISTRATION (REGISTRATION UNITS) ORDER
| 1. |
Citation
This Order may be cited as the Land Registration (Registration Units) Order.
|
| 2. |
Interpretation
In these Regulations, unless the context requires—
"Act" means the Land Registration Act (Cap. 300);
"Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to land;
"registration unit" means a land registration unit constituted under section 6(1) of the Act;
|
| 3. |
Establishment of registration units
The Cabinet Secretary establishes registration units as set out in the First Schedule.
|
| 4. |
Commencing survey and other activities in a registration unit
| (1) |
Upon establishment of a registration unit under regulation 3, the office or authority responsible for land survey shall commence the activities set out in section 6 of the Act, as applicable including the carrying out of such survey works as may be deemed necessary to enable the implementation of the Act.
|
| (2) |
Where an area that had existing titles issued under the repealed Acts, the office or authority responsible for land survey shall prepare cadastral maps together with a conversion list, indicating the new and (where applicable) the old numbers for parcels of land within each registration unit or registration section/block.
|
| (3) |
In carrying out the exercise in subparagraph (2) above, the office or authority responsible for land survey, shall ensure the accuracy and completeness of the conversion list and cadastral maps, and upon completion, shall submit the cadastral maps together with the conversion list to the Registrar.
|
| (4) |
The Cabinet Secretary shall, within thirty days of receipt of the conversion list and cadastral maps from the Registrar, publish in the Gazette and in at least two daily newspapers of nationwide circulation, the conversion list and cadastral maps.
|
| (5) |
The publication by the Cabinet Secretary in accordance with subparagraph (4) shall specify a date, not more than four months from the end date of publication, to be the date after which the registry shall be open to the public for transactions or dealings relating to parcels within the registration unit established under section 7 of the Act.
|
| (6) |
The Cabinet Secretary shall send a copy of the publication under subparagraph (4) to the relevant county government for further dissemination to the public.
|
|
| 5. |
Objections to information in the conversion list and cadastral map
| (1) |
Any person with an interest in land within the registration unit who is aggrieved by the information in the conversion list or the cadastral maps may, within ninety days from the date of publication under subparagraph 4(4),—
| (a) |
make a complaint, in writing, in Form LRA 96 set out in the Second Schedule, to the Registrar in respect of the information contained in the conversion list and the cadastral maps; or
|
| (b) |
apply to the Registrar in Form LRA 67 set out in the Sixth Schedule to the Land Registration (General) Regulations (sub. leg), for the regisration of a caution pending the clarification or resolution of any complaint.
|
|
| (2) |
Despite subparagraph (1)(b), the Register may, for Purposes of preventing any fraud or improper dealing in the land, register a restriction on a parcel of land to last until the complaint is resolved.
|
|
| 6. |
Particulars by the complainant
An application to the Registrar under subparagraph 5(1)(b) shall contain—
| (a) |
the name, address and telephone number of the complainant;
|
| (b) |
the nature of the complaint;
|
| (c) |
the grounds of the objection; and
|
| (d) |
any other particulars as may be required by the Registrar.
|
|
| 7. |
Registrar to resolve issues in the conversion list
| (1) |
The Registrar shall, within ninety days of receiving a complaint under subparagraph 5(1)(a)—
| (a) |
provide such information or clarification as may be requested;
|
| (b) |
register a restriction in accordance with section 76 of the Act; or
|
| (c) |
register a caution in accordance with section 71 of the Act.
|
|
| (2) |
On resolution of a complaint, the Registrar shall order a restriction or caution registered under subparagraph (1) to be removed or varied.
|
| (3) |
A person aggrieved by the decision of the Registrar made under this regulation may, within thirty days, appeal to the Court in accordance with section 78(2) of the Act.
|
|
| 8. |
Migration of registries and titles
| (1) |
With effect from the date of commencement of transactions or dealings in the registry pursuant to paragraph 4(5) all dealings in any land or interest in land within the registration unit shall henceforth be carried out at the registry.
|
| (2) |
Any registers maintained in other registries previously with the parcels within a registration unit shall be closed for any subsequent dealings.
|
| (3) |
The transition register maintained under section 104 (1) of the Act shall from the date specified in paragraph 5(4) be closed for further entries in respect of the affected parcels and all subsisting particulars entries and documents in the transition register for the affected parcels shall be migrated to the new registry and be noted in the registers established under section 7 of the Act and maintained at the respective registries in the registration units under regulation units.
|
| (4) |
The land register closed under subparagraph (2) and the supporting documents shall be maintained in both physical and electronic formats in the new land registration unit.
|
| (5) |
The closing of the transition register or any other register and the migration of the subsisting particular entries and documents to the register in the respective registries in the registration units under regulation 3, shall be carried out simultaneously and expeditiously to avoid inconvenience to members of the public.
|
|
| 9. |
Migrating of titles
| (1) |
The Registrar shall publish, in at least two newspapers of nationwide circulation and announce in radio stations of nationwide coverage, a notice inviting the registered owners to make applications for replacement of title documents issued from the closed registers.
|
| (2) |
The registered owners of parcels within a registration unit shall make an application to the registrar in Form LRA 97 set out in the Second Schedule for replacement of the title issued from the closed registers.
|
| (3) |
The application made under subparagraph (2) shall be accompanied by the original title and copies of the owner's identification documents.
|
| (4) |
On any subsequent dealing or transaction, over a parcel within a registration unit, whose owner has not complied with subparagraph (2), the Registrar shall replace its title documents issued from the closed registers.
|
| (5) |
On the replacement of title documents issued from the closed registers, the Registrar shall cancel the previous title documents and retain them for safe custody.
|
|
| 10. |
Revocation.
The Registered Land (Districts) Order, 1981 (LN 124/1981) is revoked.
|
FIRST SCHEDULE [r. 3]
LAND REGISTRATION UNITS AND LAND REGISTRIES IN RESPECTIVE COUNTIES
|
Land Registration Unit
|
Land Registry
|
County
|
|
1. Mombasa
|
Mombasa
|
Mombasa
|
|
2. Kwale
|
Kwale
|
Kwale
|
|
3. Kilifi
|
Kilifi
|
Kilifi
|
|
4. Tana River
|
Hola
|
Tana River
|
|
5. Lamu
|
Lamu
|
Lamu
|
|
6. Taita Taveta
|
Wundanyi
|
Taita Taveta
|
|
7. Garissa
|
Garissa
|
Garissa
|
|
8. Wajir
|
Wajir
|
Wajir
|
|
9. Mandera
|
Mandera
|
Mandera
|
|
10. Marsabit
|
Marsabit
|
Marsabit
|
|
11. Isiolo
|
Isiolo
|
Isiolo
|
|
12. Imenti
|
Meru
|
Meru
|
|
13. Meru North
|
Maua
|
Meru
|
|
14. Meru South (Nithi)
|
Chuka
|
Tharaka Nithi
|
|
15. Embu
|
Embu
|
Embu
|
|
16. Mbeere
|
Siakago
|
Embu
|
|
17. Kitui
|
Kitui
|
Kitui
|
|
18. Mwingi
|
Mwingi
|
Kitui
|
|
19. Machakos
|
Machakos
|
Machakos
|
|
20. Makueni
|
Wote
|
Makueni
|
|
21. Nyandarua
|
Ol Kalou
|
Nyandarua
|
|
22. Nyeri
|
Nyeri
|
Nyeri
|
|
23. Kirinyaga
|
Kerugoya
|
Kirinyaga
|
|
24. Muranga
|
Muranga
|
Muranga
|
|
25. Kiambu
|
Kiambu
|
Kiambu
|
|
26. Thika
|
Thika
|
Kiambu
|
|
27. Gatundu
|
Gatundu
|
Kiambu
|
|
28. Turkana
|
Lodwar
|
Turkana
|
|
29. West Pokot
|
Kapenguria
|
West Pokot
|
|
30. Samburu
|
Maralal
|
Samburu
|
|
31. Trans Nzoia
|
Kitale
|
Trans Nzoia
|
|
32. Uasin Gishu
|
Eldoret
|
Uasin Gishu
|
|
33. Keiyo
|
Iten
|
Elgeiyo Marakwet
|
|
34. Nandi
|
Kapsabet
|
Nandi
|
|
35. Baringo
|
Kabarnet
|
Baringo
|
|
36. Koibatek
|
Eldama Ravine
|
Baringo
|
|
37. Laikipia
|
Nanyuki
|
Laikipia
|
|
38. Nakuru
|
Nakuru
|
Nakuru
|
|
39. Naivasha
|
Naivasha
|
Nakuru
|
|
40. Narok
|
Narok
|
Narok
|
|
41. Transmara
|
Kilgoris
|
Narok
|
|
42. Kajiado
|
Kajiado
|
Kajiado
|
|
43. Ngong
|
Ngong
|
Kajiado
|
|
44. Kericho
|
Kericho
|
Kericho
|
|
45. Bomet
|
Bomet
|
Bomet
|
|
46. Kakamega
|
Kakamega
|
Kakamega
|
|
47. Vihiga
|
Vihiga
|
Vihiga
|
|
48. Bungoma
|
Bungoma
|
Bungoma
|
|
49. Busia
|
Busia
|
Busia
|
|
50. Siaya
|
Siaya
|
Siaya
|
|
51. Ukwala
|
Ugunja
|
Siaya
|
|
52. Bondo
|
Bondo
|
Siaya
|
|
53. Kisumu East
|
Kisumu
|
Kisumu
|
|
54. Nyando
|
Awasi
|
Kisumu
|
|
55. Homa Bay
|
Homa Bay
|
Homa Bay
|
|
56. Rachuonyo
|
Oyugis
|
Homa Bay
|
|
57. Migori
|
Migori
|
Migori
|
|
58. Kuria
|
Kehancha
|
Migori
|
|
59. Kisii
|
Kisii
|
Kisii
|
|
60. Nyamira
|
Nyamira
|
Nyamira
|
|
61. Nairobi
|
Nairobi
|
Nairobi City
|
SECOND SCHEDULE [para.5(1a)]
|
Date Received forregistration
|
Presentation Book
|
Registration Fees Paid
|
Receipt no.
|
|
..................
|
No .................
|
Kshs. .............
|
....................
|
THE LAND REGISTRATION ACT
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
PRESENTATION ON OBJECTIONS TO THE CONVERSION LIST
|
Date of Presentation
|
|
|
The Objector:
|
Give full name(s)
|
|
ID/Passport/Company RegistrationNo. of the Trustee (if any)
|
|
|
Nature of Interest in Land
|
|
|
SIGNED by the Objector in the presenceof:—
|
|
|
ColouredPhotograph
|
|
ID/No. .......................................PIN No. ....................................Signature .................................
|
|
Certificate of Verification
|
|
I CERTIFY that the above-named................................. appeared before me on the................... day of.................... 20.............. and being known to me/being identified by*........................ of ........................... acknowledge the above signatures or marks to be his/hers/theirs and that he/she/they had freely and voluntarily executed this instrument and understood it contents.
|
|
..........................................................Signature and Designation of
Person Certifying*
|
The Objector is HEREBY aggrieved by the information in the conversion list /the cadastral maps on the following grounds:
.................................................................................................
.................................................................................................
.................................................................................................
.................................................................................................
EXECUTION
THE LAND REGISTRATION ACT (Cap. 300)
THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017
THELAND REGISTRATION (GENERAL)REGULATIONS 2017
|
Date Received
|
Presentation Book
|
|
Receipt no.
|
|
..................
|
No .................
|
|
....................
|
APPLICATION FOR REPLACEMENT OF TITLE ISSUED FROM THE CLOSED REGISTER
TITLE NUMBER: .............................
|
Date of Application
|
|
|
Proprietor
|
|
|
ID/Passport/Company RegistrationNo. of the Proprietor (if any)
|
|
| 1. |
The Proprietor(s) HEREBY APPLIES for issue of Certificate of Title /Lease* in replacement of title issued from the closed register.
|
| 2. |
In support of this Application, the Proprietor(s) attaches the following documents:-
| (a) |
Original title document to be replaced;
|
| (b) |
Certified copies of National Identity Card/Passport of the registered Proprietor(s).
|
| (c) |
Certified copies of certificate of registration/incorporation as well as copies of National Identity Cards/Passport of the directors/partners/officials of the registered Proprietor(s).
|
Dated this ........................ day of ....................... 20 ...........
* Delete where not appropriate
|
SIGNED by the Proprietor in the presenceof:—
|
|
|
ColouredPhotograph
|
|
ID/No. .......................................PIN No. ....................................Signature .................................
|
|
Certificate of Verification under Section 45 of the Land Registration Act
|
|
I CERTIFY that the above-named................................. appeared before me on the................... day of ....................... 20 ................ and being known to me/being identified by*........................ of ........................... acknowledge the above signatures or marks to be his/hers and that he/she had freely and voluntarily executed this instrument and understood it contents.
|
|
..........................................................Signature and Designation of
Person Certifying*
|
EXECUTION
LAND REGISTRAR
Name:
Signature:
|
THE LAND REGISTRATION (REGISTRATION UNITS) ORDER
| 1. |
Citation
This Order may be cited as the Land Registration (Registration Units) Order.
|
| 2. |
Interpretation
In these Regulations, unless the context requires—
"Act" means the Land Registration Act (Cap. 300);
"Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to land;
"registration unit" means a land registration unit constituted under section 6(1) of the Act;
|
| 3. |
Establishment of registration units
The Cabinet Secretary establishes registration units as set out in the First Schedule.
|
| 4. |
Commencing survey and other activities in a registration unit
| (1) |
Upon establishment of a registration unit under regulation 3, the office or authority responsible for land survey shall commence the activities set out in section 6 of the Act, as applicable including the carrying out of such survey works as may be deemed necessary to enable the implementation of the Act.
|
| (2) |
Where an area that had existing titles issued under the repealed Acts, the office or authority responsible for land survey shall prepare cadastral maps together with a conversion list, indicating the new and (where applicable) the old numbers for parcels of land within each registration unit or registration section/block.
|
| (3) |
In carrying out the exercise in subparagraph (2) above, the office or authority responsible for land survey, shall ensure the accuracy and completeness of the conversion list and cadastral maps, and upon completion, shall submit the cadastral maps together with the conversion list to the Registrar.
|
| (4) |
The Cabinet Secretary shall, within thirty days of receipt of the conversion list and cadastral maps from the Registrar, publish in the Gazette and in at least two daily newspapers of nationwide circulation, the conversion list and cadastral maps.
|
| (5) |
The publication by the Cabinet Secretary in accordance with subparagraph (4) shall specify a date, not more than four months from the end date of publication, to be the date after which the registry shall be open to the public for transactions or dealings relating to parcels within the registration unit established under section 7 of the Act.
|
| (6) |
The Cabinet Secretary shall send a copy of the publication under subparagraph (4) to the relevant county government for further dissemination to the public.
|
|
| 5. |
Objections to information in the conversion list and cadastral map
| (1) |
Any person with an interest in land within the registration unit who is aggrieved by the information in the conversion list or the cadastral maps may, within ninety days from the date of publication under subparagraph 4(4),—
| (a) |
make a complaint, in writing, in Form LRA 96 set out in the Second Schedule, to the Registrar in respect of the information contained in the conversion list and the cadastral maps; or
|
| (b) |
apply to the Registrar in Form LRA 67 set out in the Sixth Schedule to the Land Registration (General) Regulations (sub. leg), for the regisration of a caution pending the clarification or resolution of any complaint.
|
|
| (2) |
Despite subparagraph (1)(b), the Register may, for Purposes of preventing any fraud or improper dealing in the land, register a restriction on a parcel of land to last until the complaint is resolved.
|
|
| 6. |
Particulars by the complainant
An application to the Registrar under subparagraph 5(1)(b) shall contain—
| (a) |
the name, address and telephone number of the complainant;
|
| (b) |
the nature of the complaint;
|
| (c) |
the grounds of the objection; and
|
| (d) |
any other particulars as may be required by the Registrar.
|
|
| 7. |
Registrar to resolve issues in the conversion list
| (1) |
The Registrar shall, within ninety days of receiving a complaint under subparagraph 5(1)(a)—
| (a) |
provide such information or clarification as may be requested;
|
| (b) |
register a restriction in accordance with section 76 of the Act; or
|
| (c) |
register a caution in accordance with section 71 of the Act.
|
|
| (2) |
On resolution of a complaint, the Registrar shall order a restriction or caution registered under subparagraph (1) to be removed or varied.
|
| (3) |
A person aggrieved by the decision of the Registrar made under this regulation may, within thirty days, appeal to the Court in accordance with section 78(2) of the Act.
|
|
| 8. |
Migration of registries and titles
| (1) |
With effect from the date of commencement of transactions or dealings in the registry pursuant to paragraph 4(5) all dealings in any land or interest in land within the registration unit shall henceforth be carried out at the registry.
|
| (2) |
Any registers maintained in other registries previously with the parcels within a registration unit shall be closed for any subsequent dealings.
|
| (3) |
The transition register maintained under section 104 (1) of the Act shall from the date specified in paragraph 5(4) be closed for further entries in respect of the affected parcels and all subsisting particulars entries and documents in the transition register for the affected parcels shall be migrated to the new registry and be noted in the registers established under section 7 of the Act and maintained at the respective registries in the registration units under regulation units.
|
| (4) |
The land register closed under subparagraph (2) and the supporting documents shall be maintained in both physical and electronic formats in the new land registration unit.
|
| (5) |
The closing of the transition register or any other register and the migration of the subsisting particular entries and documents to the register in the respective registries in the registration units under regulation 3, shall be carried out simultaneously and expeditiously to avoid inconvenience to members of the public.
|
|
| 9. |
Migrating of titles
| (1) |
The Registrar shall publish, in at least two newspapers of nationwide circulation and announce in radio stations of nationwide coverage, a notice inviting the registered owners to make applications for replacement of title documents issued from the closed registers.
|
| (2) |
The registered owners of parcels within a registration unit shall make an application to the registrar in Form LRA 97 set out in the Second Schedule for replacement of the title issued from the closed registers.
|
| (3) |
The application made under subparagraph (2) shall be accompanied by the original title and copies of the owner's identification documents.
|
| (4) |
On any subsequent dealing or transaction, over a parcel within a registration unit, whose owner has not complied with subparagraph (2), the Registrar shall replace its title documents issued from the closed registers.
|
| (5) |
On the replacement of title documents issued from the closed registers, the Registrar shall cancel the previous title documents and retain them for safe custody.
|
|
| 10. |
Revocation
The Registered Land (Districts) Order (LN 124/1981) is revoked.
|
FIRST SCHEDULE [r. 3]
LAND REGISTRATION UNITS AND LAND REGISTRIES IN RESPECTIVE COUNTIES
|
Land Registration Unit
|
Land Registry
|
County
|
|
1. Mombasa
|
Mombasa
|
Mombasa
|
|
2. Kwale
|
Kwale
|
Kwale
|
|
3. Kilifi
|
Kilifi
|
Kilifi
|
|
4. Tana River
|
Hola
|
Tana River
|
|
5. Lamu
|
Lamu
|
Lamu
|
|
6. Taita Taveta
|
Wundanyi
|
Taita Taveta
|
|
7. Garissa
|
Garissa
|
Garissa
|
|
8. Wajir
|
Wajir
|
Wajir
|
|
9. Mandera
|
Mandera
|
Mandera
|
|
10. Marsabit
|
Marsabit
|
Marsabit
|
|
11. Isiolo
|
Isiolo
|
Isiolo
|
|
12. Imenti
|
Meru
|
Meru
|
|
13. Meru North
|
Maua
|
Meru
|
|
14. Meru South (Nithi)
|
Chuka
|
Tharaka Nithi
|
|
15. Embu
|
Embu
|
Embu
|
|
16. Mbeere
|
Siakago
|
Embu
|
|
17. Kitui
|
Kitui
|
Kitui
|
|
18. Mwingi
|
Mwingi
|
Kitui
|
|
19. Machakos
|
Machakos
|
Machakos
|
|
20. Makueni
|
Wote
|
Makueni
|
|
21. Nyandarua
|
Ol Kalou
|
Nyandarua
|
|
22. Nyeri
|
Nyeri
|
Nyeri
|
|
23. Kirinyaga
|
Kerugoya
|
Kirinyaga
|
|
24. Muranga
|
Muranga
|
Muranga
|
|
25. Kiambu
|
Kiambu
|
Kiambu
|
|
26. Thika
|
Thika
|
Kiambu
|
|
27. Gatundu
|
Gatundu
|
Kiambu
|
|
28. Turkana
|
Lodwar
|
Turkana
|
|
29. West Pokot
|
Kapenguria
|
West Pokot
|
|
30. Samburu
|
Maralal
|
Samburu
|
|
31. Trans Nzoia
|
Kitale
|
Trans Nzoia
|
|
32. Uasin Gishu
|
Eldoret
|
Uasin Gishu
|
|
33. Keiyo
|
Iten
|
Elgeiyo Marakwet
|
|
34. Nandi
|
Kapsabet
|
Nandi
|
|
35. Baringo
|
Kabarnet
|
Baringo
|
|
36. Koibatek
|
Eldama Ravine
|
Baringo
|
|
37. Laikipia
|
Nanyuki
|
Laikipia
|
|
38. Nakuru
|
Nakuru
|
Nakuru
|
|
39. Naivasha
|
Naivasha
|
Nakuru
|
|
40. Narok
|
Narok
|
Narok
|
|
41. Transmara
|
Kilgoris
|
Narok
|
|
42. Kajiado
|
Kajiado
|
Kajiado
|
|
43. Ngong
|
Ngong
|
Kajiado
|
|
44. Kericho
|
Kericho
|
Kericho
|
|
45. Bomet
|
Bomet
|
Bomet
|
|
46. Kakamega
|
Kakamega
|
Kakamega
|
|
47. Vihiga
|
Vihiga
|
Vihiga
|
|
48. Bungoma
|
Bungoma
|
Bungoma
|
|
49. Busia
|
Busia
|
Busia
|
|
50. Siaya
|
Siaya
|
Siaya
|
|
51. Ukwala
|
Ugunja
|
Siaya
|
|
52. Bondo
|
Bondo
|
Siaya
|
|
53. Kisumu East
|
Kisumu
|
Kisumu
|
|
54. Nyando
|
Awasi
|
Kisumu
|
|
55. Homa Bay
|
Homa Bay
|
Homa Bay
|
|
56. Rachuonyo
|
Oyugis
|
Homa Bay
|
|
57. Migori
|
Migori
|
Migori
|
|
58. Kuria
|
Kehancha
|
Migori
|
|
59. Kisii
|
Kisii
|
Kisii
|
|
60. Nyamira
|
Nyamira
|
Nyamira
|
|
61. Nairobi
|
Nairobi
|
Nairobi City
|
SECOND SCHEDULE [r. 5]
FORMS
|
Date Received forregistration
|
Presentation Book
|
Registration Fees Paid
|
Receipt no.
|
|
..................
|
No .................
|
Kshs. .............
|
....................
|
|
Form LRA 96
|
|
|
(para. 5(1a))
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS
|
|
PRESENTATION ON OBJECTIONS TO THE CONVERSION LIST
|
|
TITLE NUMBER:
|
|
Date of Presentation
|
|
|
The Objector:
|
Give full name(s)
|
|
ID/Passport/Company RegistrationNo. of the Trustee (if any)
|
|
|
Nature of Interest in Land
|
|
The Objector is HEREBY aggrieved by the information in the conversion list /the cadastral maps on the following grounds:
.................................................................................................
.................................................................................................
EXECUTION:
|
Form LRA 97
|
|
(para. 9(2)
|
|
REPUBLIC OF KENYA
|
|
THE LAND REGISTRATION ACT
|
|
THE LAND REGISTRATION (GENERAL) REGULATIONS
|
|
Date Received
|
Presentation Book
|
|
Receipt no.
|
|
..................
|
No .................
|
|
....................
|
APPLICATION FOR REPLACEMENT OF TITLE ISSUED FROM THE CLOSED REGISTER
TITLE NUMBER: .............................
|
Date of Application
|
|
|
Proprietor
|
|
|
ID/Passport/Company RegistrationNo. of the Proprietor (if any)
|
|
| 1. |
The Proprietor(s) HEREBY APPLIES for issue of Certificate of Title /Lease* in replacement of title issued from the closed register.
|
| 2. |
In support of this Application, the Proprietor(s) attaches the following documents:—
| (a) |
Original title document to be replaced;
|
| (b) |
Certified copies of National Identity Card/Passport of the registered Proprietor(s).
|
| (c) |
Certified copies of certificate of registration/incorporation as well as copies of National Identity Cards/Passport of the directors/partners/officials of the registered Proprietor(s).
|
Dated this ........................ day of ....................... 20 ...........
* Delete where not appropriate
EXECUTION
LAND REGISTRAR
Name:
Signature:
|
LAND REGISTRATION (REGISTRATION UNITS) ORDER
IN EXERCISE of the powers conferred by section 6 of the Land Registration Act (Cap. 300) the Cabinet Secretary for Lands and Physical Planning, in consultation with the National Land Commission and the county governments, establishes the following registration unit—
|
Land Registration Unit
|
Land Registry
|
County
|
|
Rumuruti
|
Rumuruti
|
Laikipia
|
LAND REGISTRATION (REGISTRATION UNITS) ORDER
IN EXERCISE of the powers conferred by section 6 of the Land Registration Act (Cap. 300), in consultation with the National Land Commission and the County Government of Kiambu, the Cabinet Secretary for Lands and Physical Planning, in consultation with the National Land Commission and the County Government of Kiambu, establishes the following registration unit:
|
Land Registration Unit
|
Land Registry
|
County
|
|
Ruiru
|
Ruiru
|
Kiambu
|
LAND REGISTRATION (ELECTRONIC LAND TRANSACTIONS) (REVOCATION) REGULATIONS
ARRANGEMENT OF REGULATIONS
| 2. |
Revocation. L.N.101/2019
|
LAND REGISTRATION (ELECTRONIC LAND TRANSACTIONS) (REVOCATION) REGULATIONS
| 1. |
Citation
These Regulations may be cited as the Land Registration (Electronic Land Transactions) (Revocation) Regulations.
|
| 2. |
Revocation. L.N.101/2019
The Land Registration (Electronic Land Transactions) Regulations, 2019, are revoked.
|
LAND REGISTRATION (ELECTRONIC TRANSACTIONS) REGULATIONS
ARRANGEMENT OF REGULATIONS
PART I – PRELIMINARY
PART II – ELECTRONIC LAND REGISTRY
| 6. |
Electronic Registry transactions
|
| 7. |
Access to the Cadastral Map
|
| 8. |
Registration as a user of the system
|
PART III – PRE-REGISTRATION PROCESS
| 14. |
Preparation of instruments and documents
|
| 15. |
Valuation for stamp duty
|
| 16. |
Payment of stamp duty
|
PART IV – REGISTRATION PROCESS
| 17. |
Submission for registration
|
| 18. |
Priority of registration
|
| 19. |
Lodging of physical documents
|
| 20. |
Registrar's source of information
|
| 21. |
Rejection of instruments
|
| 23. |
Electronic certificate of title or lease. LN 278/2017
|
| 24. |
Availability of documents
|
PART V – TRANSITIONAL PROVISIONS
SCHEDULES
| FIRST SCHEDULE [r. 2] — |
REGISTRIES TO WHICH THESE REGULATIONS SHALL APPLY
|
| SECOND SCHEDULE [r. 8 (3)] — |
TERMS AND CONDITIONS OF USE
|
LAND REGISTRATION (ELECTRONIC TRANSACTIONS) REGULATIONS
PART I – PRELIMINARY
| 1. |
Citation
These Regulations may be cited as the Land Registration (Electronic Transactions) Regulations.
|
| 2. |
Application
These Regulations shall apply to the system in the registries set out in the First Schedule.
|
| 3. |
Interpretation
In these Regulations, unless the context otherwise requires—
"Act" means the Land Registration Act (Cap. 280);
"advanced electronic signature" has the meaning assigned to it in the Kenya Information and Communication Act (Cap. 411A);
"authorized user" means an advocate qualified to practice under the Advocates Act who has been granted permission to access, query any information or submit any application, instrument or document in relation to any transaction in accordance with these Regulations on behalf of another person;
"electronic" has the meaning assigned to it in the Kenya Information and Communication Act (Cap. 411A);
"electronic form" has the meaning assigned to it in the Kenya Information and Communication Act (Cap. 411A);
"personal identification number (PIN)" means the personal identification number (PIN) issued under section 11 of the Tax Procedures Act (Cap. 469B);
"system" means the National Land Information System established in accordance with section 6(h) of the Land Act (Cap. 280);
"user" means a person who has signed up to the system and accepted the terms and conditions;
"user account" means an online account created to allow access or submission of information in the system.
|
PART II – ELECTRONIC LAND REGISTRY
| 4. |
Electronic registry
| (1) |
The Chief Land Registrar shall maintain an electronic land registry established in accordance with section 7 of the Act.
|
| (2) |
The electronic land registry shall be part of the system.
|
|
| 5. |
Form of registers
The Chief Land Registrar shall maintain—
| (a) |
an electronic land register which shall contain the features specified in section 7(4) of the Act; and
|
| (b) |
an electronic community land register containing the particulars specified in section 8(1) of the Act and section 21(1) of the Community Land Act (Cap. 287).
|
|
| 6. |
Electronic Registry transactions
| (1) |
All registry transactions under the Act shall be carried out through the system in the registries set out in the First Schedule.
|
| (2) |
The Registrar may electronically, through the system—
| (a) |
issue a notice, certificate or any document which is required to be issued by the Registrar under the Act;
|
| (b) |
certify a form, document or extract of a document required to be certified by the Registrar under the Act; or
|
| (c) |
send any document issued or certified by the Registrar to the electronic addresses provided by a user for that purpose.
|
|
|
| 7. |
Access to the Cadastral Map
For the purposes of registration, the Registrar shall refer to the electronic cadastre in order to verify information relating to a parcel, where necessary.
|
| 8. |
Registration as a user of the system
| (1) |
A person who wishes to use or undertake a transaction shall sign up to the system by providing the following information—
| (a) |
in the case of a natural person—
| (ii) |
the national identity card or alien card number; |
| (iii) |
the personal identification number (PIN); |
| (iv) |
a current passport size photo as profile picture; |
| (v) |
personal contact details including postal address, email address, the telephone number and such other details as the system may require. |
|
| (b) |
in the case of a legal person or a community—
| (ii) |
the incorporation or registration number; |
| (iii) |
the personal identification number (PIN); |
| (iv) |
the contact details including postal address, email address, the telephone number and such other details as the system may require; and |
| (v) |
the information required under paragraph (a) of its authorized representative. |
|
|
| (2) |
A user shall upon signing up accept the terms and conditions set out in the Second Schedule to these Regulations.
|
|
| 9. |
User account
| (1) |
There shall be a user account, user name and password created in the system for every user to enable the user log into the system.
|
| (2) |
As an additional security measure, a One Time Password (OTP) in the form of a text message shall be sent to the user's Telephone Number to authenticate every log-in.
|
| (3) |
A user shall keep the log in credentials, particularly the password, confidential to avoid unauthorized access to the system.
|
| (4) |
A user may change his or her log in credentials from time to time.
|
| (5) |
Every user shall apply or submit any instrument or document for registration or recording, under the Act, electronically through their user account.
|
|
| 10. |
Authorized user
An advocate shall be an authorized user upon providing additional information in Form eLRA 1 set out in the Third Schedule or as may be modified for use in the system.
|
| 11. |
User obligations
| (1) |
| (a) |
access the system and carry out transactions under the Act in the system in an individual capacity or through an authorized representative;
|
| (b) |
complete such formalities as are required before accessing the system;
|
| (c) |
be responsible for the security of his or her login credentials and for any access made using the login credentials;
|
| (d) |
use the information obtained from the system for lawful purposes only;
|
| (e) |
be responsible for the accuracy and completeness of all information provided or submitted when using the system; and
|
| (f) |
surrender or deactivate accounts of persons who have ceased being their authorized representatives.
|
|
| (2) |
Where a user is a legal person or community, the user shall be responsible for—
| (a) |
the selection and nomination of the user's authorized representative accessing the system on behalf of their organization;
|
| (b) |
ensuring compliance of paragraph (1) by the authorized representatives; and
|
| (c) |
notification of revocation of the nomination or employment of any authorized representative.
|
|
| (3) |
| (a) |
impersonate another person or entity;
|
| (b) |
collect information about other users;
|
| (c) |
make available disruptive commercial messages or advertisements or communications which are prohibited by law in the system;
|
| (d) |
reverse engineer or otherwise attempt to extract any source code;
|
| (e) |
use any robot, spider, site search or retrieval application, or other device to retrieve or index any portion of the system;
|
| (f) |
copy, exchange, disclose or use the land related information accessed from the system for any other purpose other than for purposes of the transactions under these Regulations without prior written approval of the Cabinet Secretary;
|
| (g) |
distribute, sell or combine any information accessed through the system; and
|
| (h) |
use the system or its products and services in any manner that contravenes the provisions of the Kenya Information and Communication Act (Cap. 411A), the Computer Misuse and Cybercrimes Act (Cap. 79C) or any other written law.
|
|
|
| 12. |
Searches
| (1) |
A user who wishes to conduct an official search in the electronic register shall apply to conduct an official search through the system and pay the prescribed fees.
|
| (2) |
A user may under paragraph (1) apply to undertake the following categories of searches—
| (a) |
a current status search of which the result from the search shall include particulars of the subsisting entries in the register, certified copies of any document, the cadastral map, or plan filed in the registry; or
|
| (b) |
a historical search of which the result shall provide a history of computer folio and list all transactions availed in a chronological order together with the status and date for each entry.
|
|
|
PART III – PRE-REGISTRATION PROCESS
| 13. |
Forms
Pursuant to regulation 87(1) of the Land Registration (General) Regulations (sub. leg), a user shall use the forms set out in the Sixth Schedule to the Land Registration (General) Regulations (sub. leg), in the system subject to such modifications as the Chief Land Registrar may make, to enable the use of the forms electronically, in the system.
|
| 14. |
Preparation of instruments and documents
| (1) |
An authorized user shall obtain and maintain client instructions in respect of each electronic transaction in Form eLRA 2 set out in the Third Schedule.
|
| (2) |
For the purposes of preparation of an instrument or document for electronic registration or filing, an authorized user shall—
| (a) |
enter all the required information in the applicable electronic form;
|
| (b) |
cause the instrument or documents to be executed by use of advanced electronic signature of parties;
|
| (c) |
attach the relevant supporting documents required under the Act.
|
|
| (3) |
Where it is not possible to execute the instruments or documents by way of an advanced electronic signature, the authorized user may—
| (a) |
enter the required information in the applicable electronic form;
|
| (b) |
print the duly filled form for execution and attestation;
|
| (c) |
scan and upload the duly executed and attested form onto the system; and
|
| (d) |
attach the relevant supporting documents as may be required under the Act.
|
|
|
| 15. |
Valuation for stamp duty
| (1) |
Where applicable, the authorized user shall submit the instrument or document for valuation in electronic form.
|
| (2) |
Upon submission of the instrument for valuation under paragraph (1), the authorized user shall receive an electronic notification indicating the date and time when the request was received.
|
| (3) |
The authorized user shall be notified of the assessed duty payable through SMS notification, email notification or any other form of electronic transmission to the contacts of a user provided during signing up.
|
|
| 16. |
Payment of stamp duty
The authorized user shall pay stamp duty through the Kenya Revenue Authority payment platform.
|
PART IV – REGISTRATION PROCESS
| 17. |
Submission for registration
| (1) |
An authorized user shall submit the application, instruments or documents for registration in the system and pay the prescribed fee, where applicable.
|
| (2) |
An instrument or document shall be deemed to be received for registration when the system generates a notice of electronic filing with a tracking number for the electronically filed application, instrument or document.
|
| (3) |
An application, instrument or document that is submitted electronically outside the business hours specified in regulation 2 of the Land Registration (General) Regulations (sub. leg) shall be deemed to have been received on the next business day.
|
|
| 18. |
Priority of registration
| (1) |
Subject to regulation 8 of the Land Registration (General) Regulations (sub. leg), the tracking number assigned to the application or instrument by the system shall determine the priority of registration of the instrument.
|
| (2) |
The Registrar shall ensure that applications for registration are dealt with in the order of the tracking number assigned at the time of lodging of the instrument.
|
|
| 19. |
Lodging of physical documents
An Authorized user shall manually present documents which the Registrar requires the production of an original.
|
| 20. |
Registrar's source of information
The Registrar shall, for the purposes of processing the applications, rely on the documentation and data available within the system and may, where necessary, refer to the backup of manual records.
|
| 21. |
Rejection of instruments
| (1) |
The Registrar shall reject an application, instrument or document that appears—
| (a) |
to be substantially defective; or
|
| (b) |
to have been submitted for registration without the relevant supporting documents required under the Act or the Land Registration (General) Regulations (sub. leg).
|
|
| (2) |
An authorized user shall, upon making the relevant corrections, lodge an instrument or document rejected under paragraph (1) afresh as though it were a new transaction.
|
| (3) |
An authorized user whose application has been rejected under regulations 2 may appeal in the manner provided under regulation 37 of Land Registration (General) Regulations (sub. leg).
|
|
| 22. |
Registration
| (1) |
The registration of an instrument or document shall be completed upon the approval of the transaction and the making of corresponding entries into the register by the Registrar.
|
| (2) |
Upon registration, there shall be an electronically generated notice to the effect that the document has been registered.
|
|
| 23. |
Electronic certificate of title or lease. LN 278/2017
| (1) |
The Registrar shall pursuant in section 30 of the Act issue an electronic certificate of title or lease in accordance with regulation 31(1) or (2) respectively of the Land Registration (General) Regulations (Sub. Leg).
|
| (2) |
The electronic certificate of title or lease shall contain unique serial numbers and security features which can be used to verify the authenticity of the certificate.
|
|
| 24. |
Availability of documents
The Registrar shall make the registered instruments and ddocuments available for download by the authorized user or any person conducting a search under regulation 12.
|
PART V – TRANSITIONAL PROVISIONS
| 25. |
Manual transactions
| (1) |
Where a transaction cannot be carried out using the electronic registration system, the person seeking to carry out the transaction shall carry out the transaction through such other means as the Chief Land Registrar may determine.
|
| (2) |
An instrument or document filed and registered electronically at the registry under these Regulations has the same effect as if that instrument or document were in the form of a paper document.
|
|
FIRST SCHEDULE [r. 2]
REGISTRIES TO WHICH THESE REGULATIONS SHALL APPLY
SECOND SCHEDULE [r. 8 (3)]
TERMS AND CONDITIONS OF USE
| 1. |
| (a) |
The National Land Information System is an online system developed by the Government of Kenya through the Ministry of Lands and Physical Planning in collaboration with the National Land Commission. It is a system created for convenience in conducting land transactions.
|
| (b) |
Upon registration to the system, a user is deemed to have accepted the terms and conditions and will equally be bound by the same. Once the user has completed the sign up process, a contract detailing the terms and conditions for use is entered into between the user and the system operators.
|
|
| 2. |
Availability of service and support
| (a) |
The Government of Kenya aim is to ensure accessibility to NLIS at all times, however there could be service interruption to allow for upgrading or maintenance of the system.
|
| (b) |
The system shall be available around the clock for searching for the copy or image of any instrument, dealing, or document in the system or the lodgment of documents through the system.
|
| (c) |
Processing of electronic documents shall be done during the business hours when the back-end processes shall be available.
|
| (d) |
The system support and back-end processes shall be available during the business hours set out in Regulation 2 on the business days set out in Regulation 4 of the Land Registration (General) Regulations (sub. leg).
|
| (e) |
The Cabinet Secretary reserves the right to suspend the system in whole or in part in the circumstances where a significant breach of security has occurred or that a security system has failed that compromises or that could compromise the integrity or security of the system's databases or service until such security breach or failure has been rectified.
|
| (f) |
The Ministry will endeavour to provide you with the services at all times or at any specific times or will be able to operate at all times error-free. Ministry makes no warranties in regard to the availability of services but all reasonable efforts will be made to provide the best possible service to you. Notices regarding planned system outages will be made available on the Ministry's website.
|
|
| 3. |
Obligations of Ministry
The Ministry shall:
| (a) |
Endeavour to maintain this system (NLIS) in good operational condition throughout the term of this agreement.
|
| (b) |
Endeavour to inform the users in cases of scheduled and/or unscheduled system maintenance.
|
| (c) |
Assist you to understand the operational requirements and any protocols adopted from time to time for use in the system.
|
| (d) |
Comply with all statutory and regulatory requirements imposed on the Ministry regarding the implementation and functionality of the system.
|
|
| 4. |
| (a) |
The User is responsible for maintenance of the confidentiality and control of all Security Measures associated with the use by the user(s). These Security Measures involve the use of digital signatures and digital certificates and are managed the Ministry.
|
| (b) |
You are responsible for the selection and nomination of those of your people who you intend to be Subscribers and, therefore, users of the Security Measures.
|
| (c) |
The Ministry reserves the right to reject with reasons thereof an application by any Applicant.
|
| (d) |
You must promptly notify the Cabinet Secretary in the Ministry if a Subscriber stops working for you.
|
| (e) |
You are solely responsible for ensuring that the users comply with the User Obligations.
|
| (f) |
Any use of the NLIS by any person with access to the Security Measures used or made available to you or any of your people (whether authorized by you or not) constitutes sufficient authority for the Ministry to:
| (i) |
act on any enquiries, provide such information, update its registers or to otherwise transact such dealings, with or under the instruction of that person; and |
| (ii) |
charge fees for the use of the products and services associated with NLIS. |
|
| (g) |
You shall promptly notify the Cabinet Secretary in the Ministry as soon as you become aware that any of the Security Measures used or available to you or any of your people are or have been compromised, or if you are aware of circumstances which give rise to a risk that those Security Measures have been compromised.
|
| (h) |
You agree to help the Ministry with any investigation of any suspected or actual compromise of any of those Security Measures.
|
| (i) |
Any activity by a user in the system shall be catalogued and an audit trail of such activity created in the system.
|
| (j) |
You may request revocation of any of the Security Measures available to or being used by any of your people. Your people may also request revocation of their own Security Measures. The Ministry reserves the right at any time to revoke the Security Measures being used by you or any of your people in order to safeguard the integrity and security of NLIS databases.
|
Disclaimer
The Ministry will be held liable to the extent permissible in the relevant statute but will not be liable for acts of omission or commission out of its control.
|
| 5. |
| (a) |
The Ministry collects the applicant's personal information with the applicant's consent when the application is made for authorization to access the National Land Information System.
|
| (b) |
The Ministry does not on-board minors (any person under 18 years of age) except where an applicant additionally registers on their behalf as their parent and/guardian.
|
| (c) |
The information the Ministry collects and stores about the applicant includes but is not limited to the following: applicant's identity including name, photograph, address, location, phone number, identity document type and number, date of birth, email address, age, and gender.
|
| (d) |
The applicant consents to the Ministry making and retaining photocopies of personal information and all other documents provided in support of the application which will be kept for the term of the agreement for the purpose of enforcing the agreement.
|
| (e) |
The Ministry may make inquiries deemed necessary to verify the information provided in the application.
|
| (f) |
The information and documentation provided will be used to administer the authorization to access and use the system.
|
| (g) |
The Ministry may disclose your information to:
| (i) |
Law enforcement agencies, regulatory authorities, courts or other statutory authorities in response to a demand issued with the appropriate lawful mandate and where the form and scope of the demand is compliant with the law; |
| (ii) |
Publicly available and/or restricted government databases to verify applicant's identity information in order to comply with the regulatory requirements; |
| (iii) |
Any other person that the Ministry deems legitimately necessary to share the data with. |
|
| (h) |
The Ministry shall not release any information to any individual or entity that is acting beyond its legal mandate.
|
| (i) |
The Ministry has put in place technical and operational measures to ensure integrity and confidentiality Of the applicant's data via controls around: information classification, access control, cryptography, physical and environmental security and monitoring and compliance.
|
| (j) |
Subject to legal and contractual exceptions, the applicant has rights under data protection laws in relation to their personal data. These are listed below:
| (i) |
right to be informed that the Ministry is collecting personal data about the applicant |
| (ii) |
right to access personal data that the Ministry holds about the applicant and request for information about how the Ministry will process it; |
| (iii) |
right to request that the Ministry correct the personal data where it is inaccurate or incomplete; |
| (iv) |
right to request that the Ministry erase the personal data noting that the Ministry may continue to retain the information if obligated by the law or entitled to do so; |
| (v) |
right to object and withdraw the consent to processing of personal data. The Ministry may continue to process it if it has a legitimate or legal reason to do so; |
| (vi) |
right to request restricted processing of the personal data noting that the Ministry may be entitled or legally obligated to continue processing the data and refuse the request; |
| (vii) |
right to request transfer of the applicant's personal data (in an electronic format). |
| (viii) |
the Ministry may need to request specific information from the applicant to help it confirm the applicant's identity and also ensure their right to access their personal data (or to exercise any of the other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. The Ministry may also contact the applicant to ask for further information in relation to the applicant's request in order to speed up the response. |
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| 6. |
Copyright
The Government of the Republic of Kenya is the owner of all rights in and to the National Land Information System. The complete content of the National Land Information System platform is protected by the Copyright Laws of the Republic of Kenya and reproduction or redistribution of that content without the permission of the Government of the Republic of Kenya is strictly prohibited.
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| 7. |
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The parties commit to a cooperative environment in the performance of the respective obligation to ensure any system difficulty and/or improvement is addressed.
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| (b) |
The Ministry reserves the right to change and adjust these terms and conditions without any further reasons as long as it is necessary due to legal adjustments or technical progress.
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| (c) |
The Ministry reserves the right to block the authorized user from the ability to upload content to National Land Information System if a violation of this agreement exists.
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| (d) |
These terms and conditions are to be read and construed according to the laws of the Republic of Kenya, and you agree to submit to the jurisdiction of this country.
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| (e) |
These terms and conditions record the entire agreement. If any provision of these terms and conditions are held by a court to be unlawful, invalid, unenforceable or in conflict with any rule of law, statute or regulation it is to be severed so that the validity and enforceability of the remaining provisions are not affected.
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| 8. |
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Feedback on user experience in the use of the system and specifically any complaints, complements and suggestions for improvement are highly encouraged.
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| (b) |
The feedback in paragraph 1 can be channelled through the feedback portal in the system or through the address below:
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Cabinet Secretary
Ardhi House
Ngong Avenue, off Ngong Road
Email:
Tel: +254 202718050 / 204803886
P.O. Box 30450-00100
NAIROBI
I have read and understood the provisions of these terms and obligations and hereby agree to be so bound.
Name ............................. Sign ................ Date ....................
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THIRD SCHEDULE
FORMS
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Form eLRA1
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(r. 10)
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The Chief Land RegistrarArdhi HouseNairobi
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Name/Partnership/LLP:
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Id no/Reg. No/P.105
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Tel. No.
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E-Mail Address:
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Physical Address:
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Postal Address:Postal Code:Town:
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Contact PersonName:
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P.105/
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Tel No.
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Email Address
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In case of Partnership/LLP, individual authorised users:
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NAME
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IDNO.
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P.105/
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TEL
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EMAIL
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NO.
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I have read and understood the terms and conditions of use.
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I AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
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Name
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Form eLRA2
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(r. 14 (1))
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ELECTRONIC TRANSACTION: CLIENT INSTRUCTION AND AUTHORITY FORM
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ADVOCATE
Name of Advocate .............................................................................
Admission Number ..........................................................................
Practice Number .............................................................................
Firm (if applicable): ...........................................................................
Telephone number ...........................................................................
Email Address ................................................................................
Postal Address ................................................................................
Physical Address ..............................................................................
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| 3. |
CLIENT(S):
Client name ................................................................................
ID No/Passport No/Reg number ...........................................................
Telephone Number .....................................................................
Email Address ................................................................................
Postal Address ................................................................................
Name of Authorised Representative (where applicable) .....................................
Power of Attorney No. (if applicable) .............................................................
ID No/Passport No ................................................................................
Telephone. No .....................................................................................
Email Address .....................................................................................
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| 3. |
Nature of transaction
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I, the above-named person hereby instructs the advocate to undertake registration of the above transaction.
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Client Name
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Signature
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Date
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Note: Each Client named must sign personally. 'For and on behalf' is not acceptable.)
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I certify that:
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I have witnessed the client(s) sign this form.
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I have sighted the original form(s) of identity attached herein.
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I have attached a copy of ID(s)/Passport/ photo(s) name(s) and signature(s) match the client(s) name(s) and identification provided.
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The client(s) is transacting in their free will.
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The client(s) appear(s) to be of sound mind.
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Name of advocate
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Signature
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Date
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Notes:
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Before signing any authority instruction, the advocate must ensure they have proper authority from their client;
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The advocate must take reasonable steps to ensure their client has legal capacity;
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The advocate must verify the identity of their client;
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The advocate must retain the evidence they have relied on to support those certifications;
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Where the client is signing this form under a Power of Attorney the identity that is required to be established is that of the attorney. Attach a copy of the Power of Attoney.
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(LAND REGISTRATION UNITS) ORDER, 2023
1. This Order may be cited as the Land Registration (Land Registration Units) Order, 2023.
2. The areas specified in the first column of the Schedule are constituted to be land registration units.
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SCHEDULE
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LAND REGISTRATION UNIT
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LAND REGISTRY
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COUNTY
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South Imenti
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Nkubu
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Meru
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Buuri
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Timau
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Meru
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Mavoko
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Mavoko
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Machakos
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Gilgil
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Gilgil
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Nakuru
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Molo
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Molo
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Nakuru
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Gucha
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Gucha
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Kisii
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Gucha South
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Gucha South
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Kisii
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Bobasi
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Nyamache
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Kisii
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Kikuyu
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Kikuyu
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Kiambu
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Gatundu North
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Kamwangi
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Kiambu
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Mogotio
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Mogotio
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Baringo
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Kitui North
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Kyuso
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Kitui
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Borabu
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Borabu
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Nyamira
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Mount Elgon
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Mount Elgon
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Bungoma
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Lugari
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Lumakanda
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Kakamega
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Butere/Mumias
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Butere
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Kakamega
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Trans Nzoia East
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Kachibora
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Trans Nzoia
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