Conveyancing in Kenya

Overview

• Focus on legal frameworks governing proprietary transactions.
• Includes land registration ordinances such as:
  • Registration of Documents Ordinance of 1915
  • Land Act
  • Government Land Act (GLA)
  • Registered Land Act (RLA)
  • Land Title Act (LTA)

Key Concepts and Legal Provisions

Registration of Title

• Limited to registration of title to land.
• No procedure for conveying registered interests.
• Issues arise when land or interest is not registered.

Key Statutory Provisions

• Section 31: Proprietors acquiring land, lease, or charge deemed notified of all register entries at acquisition time.
• Section 61(1) of the Land Act: Allows for the creation of a future lease.
• Usage of land must be sustainable and align with lease conditions.

Responsibilities of Conveyancers

• Ensure marketable titles.
• Understand remedies available to chargees under statutes.

Challenges and Solutions

• Certificates of title often perceived as undefeatable.
• Registered rights may be vulnerable due to:
  • Errors
  • Incorrect procedures
  • Fraud

Related Topics and Papers

• Limits of Registered Rights: Examines how legally sanctioned interests can defeat private title.
• Republic Act No 11573: Updates on confirmation process for imperfect land titles.
• Evolution of Land Law in Kenya: Historical development and policy shifts.
• Comparative Studies:
  • Land Registration of Titles in Malaysia
  • Title registration in Nigeria
  • Strata title registration in Kenya.

Conclusion

• Conveyancing in Kenya involves navigating complex legal frameworks.
• Understanding statutory provisions and related legal challenges is crucial for effective land transactions.
• Continuous legal reforms and comparative analyses are essential for improving conveyancing practices.