REPLACEMENT OF A LOST TITLE IN KENYA
The process of replacing a lost Title is as follows:
The first step would be reporting the matter to the police station and obtaining a police abstract. The registered proprietor should submit a copy of the title (if any) or title number or an Identification Card to help identify the property and the proprietor.
The proprietor should then swear an Affidavit confirming the loss of Title and swearing that the title is indeed lost. The Affidavit should state the following details:
- a) The registered proprietor’s particulars
- b) Particulars of the property
- c) That the proprietor has not caused and is in no way involved with the disappearance of the original Deed file.
- d) The title shall be returned if found; and
- e) That the Title has not been pledged as security for a loan.
The registered proprietor or their representative should then apply to the Lands registry for the issuance of another title in place of the lost or destroyed one. This is done by filling an application form known as The Application for Replacement certificate of Title/Lease on Loss/ Destruction of a Previous Title otherwise known as Form LRA 12 as per the Land Registration (General) Regulations, 2017.
Form LRA 12 is accompanied by the following documents:
- a) The aforementioned Police Abstract;
- 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;
- d) identity Cards/Passport of the directors/partners/officials who have sworn the statutory declaration in the case of a registered entity;
- e) Colored passport sized photos of the individual registered Proprietors or person(s) making the statutory declaration;
- f) In the case of a registered entity, certified extract of the resolution of the entity seeking an application for a replacement title;
- g) An official search from the registration office where the entity is registered; and
- h) An official search in respect of the Property and/or any other document evidencing ownership of the Property.
Once the application is made, the Lands Registrar prepares a Gazette Notice after payment of the necessary fees. The Registrar sends the Notice to the Government Printer who shall then publish a Gazette Notice. The main intention of the Gazette Notice is to notify the public that upon expiry of (60) days another Title Deed shall be issued to the Applicant or afford an opportunity to anyone who has a claim or objection to the issuance of that Title Deed take action.
A proprietor may place a caveat on their property to prevent any dealing with the land before the issuance of the new title.
Upon expiry of the (60) days, a Provisional Certificate of Title shall be issued as a replacement of the lost Title.
NB: In case the lost title is found, the same should be presented to the Registrar for cancellation.
The Green card records past transactions in land when it is Freehold while the White Card is used when the interest involved is a Lease. The Land Registrar enters the relevant entries into the relevant cards and issues a replacement of the Title Deed thereon.
We hope this information has been helpful. This content is however not exhaustive since there is much more to explore beyond what is written. If you need assistance you can contact us through our email on [email protected] or you can call/Whatsapp us through 0735 094112.
