First of all we want to know what exactly is a title deed? A Title Deed according to the dictionary is a legal deed or document constituting evidence of a right, especially to ownership of property. That means that for one to have claim on a piece of the land, he / she must have a title deed written in his/ her name. When looking to invest in a piece of land, the first thing you will need to do as a buyer is to conduct an official title deed search at the local land registry. This is often done in the county office in which the land is located.
In Kenya there existed different types of title deeds as per the different types of land Acts that have been in existence from colonial times up to the post-independence era.
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Here are the different types of title deed:
Indenture:
a title under the Government Lands Act Cap 280 (repealed)
Grant:
Government grant under Registration of Titles Act Cap 281 (repealed) and a county council grant under Trust Land Act Cap 288.
Certificate of title:
This is under Cap 281 issued due to subdivision without change of user. Change of user happens when one shifts from, for instance, agriculture to residential.
Certificate of lease:
This is a title under the Registered Lands Act Cap 300 (repealed) for leasehold land. A leasehold is a form of land tenure where a lessee (occupant) holds rights to land for a specific period.
It is subject to conditions imposed on land rights by the lessor (landowner). The period can be 33, 50, 66 or 99 years for all urban plots.
Absolute title deed:
This is a title under the Registered Lands Act Cap 300 (repealed) for freehold land. This is a form of ownership in which the landowner has the maximum rights in terms of a period of ownership and use of the land.
Sectional title:
title for a unit within a building, for example, a flat or apartment. The Land Registration Act, 2012 consolidates the above several titles into the “Certificate of Title” or Certificate of the lease. A Certificate of title is issued for freehold land while a Certificate of the lease is for leasehold land.
Leasehold:
is a form of land tenure where a lessee holds rights to land for a specific period and subject to conditions imposed on land rights by the lessor. Examples in Kenya include 33, 50, 66, 99-year government leases for urban plots. 999-year leases were all converted to 99-year leases with effect, from 1st September 2009 when the current constitution was promulgated.
Freehold land ownership:
Is a form of land tenure in which the landowner has the maximum rights to land without restrictions in terms of a period of ownership and rights exercisable on the land.
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Written By: Boaz Bett
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