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Title Deeds Issued under the Old Laws To Be Replaced With Titles Under The New Regime

Title Deeds Issued under the Old Laws To Be Replaced With Titles Under The New Regime

Conversion refers to the process of migrating title deeds to
a unitary regime as envisaged under the Land Registration Act. Titles issued
under the old laws are cancelled and replaced with titles under the new regime.

 These are the steps to be followed in the Conversion process

1.      
Preparation of 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.

2.      
Publication of the conversion list and the
cadastral maps in the Kenya Gazette and two local daily newspapers of
nationwide circulation.

3.      
Specification of the date for opening of
transactions or dealings relating to parcels within the registration unit.

4.      
Sending of copies of publication to relevant
county governments for further dissemination to the public.

5.      
Lodging of complaints in Form LRA 96, within
ninety (90) days from publication, to the Registrar in respect of the
information contained in the conversion list and the cadastral maps.

6.      
Registration of a caution or registration of a
restriction pending resolution of any complaint. Removal or variation of
caution or restriction upon resolution of a complaint.

7.      
Removal or variation of caution or restriction
upon resolution of a complaint.

8.      
Lodging of appeals against the registrar’s
decision shall be made to Court within 30 days.

9.      
Closure of the old registers and commencement of
transactions in the new register.

10.  
Publication by the registrar in two local daily
newspapers of nationwide circulation and announcements in radio stations of
nationwide coverage inviting applications for replacement of title deeds issued
under the old registers.

11.  
Applications for replacement shall be in Form
LRA 97.

12.  
Issuance of replacement of titles.

These are other title deeds conversion process.

Conversion in respect
of Sectional Properties

1.      
Application for replacement of title.

2.      
Issuance of replacement title.

 Conversion where the
deed file is missing

1.      
Gazettement for the reconstruction of lost
register (for 60 days) by the Registrar

2.      
Reconstruction of destroyed or lost land
register.

3.      
Closure of the old reconstructed register.

4.      
Opening of a new land register.

 Conversion where the
original title is lost

1.      
Application for replacement of lost title.

2.      
Publication of gazette notice for replacement of
lost title, making reference to the old and new reference numbers.

3.      
Issuance of the replacement title under the
newly opened register.

Conversion of titles
for parcels of land undergoing succession

1.      
Closure of the old registers

2.      
Opening of new registers awaiting application
for transmission. The applicant shall also present Grant of Letters of
Administration or Grant of Probate and Confirmation of Grant together with the
application.

3.      
Issuance of new titles to the beneficiaries of
the estates.

Conversion of titles
held under Trust or Community Land

1.      
Application for replacement by the Community
Land Management Committee (CLMC) or person(s) authorized.

2.      
Issuance of replacement titles.

Conversion in respect
of existing long term leases

1.      
Application for a replacement of title attaching
a sectional plan.

2.      
Closing of the old registers and opening of a
new registers.

3.      
Issuance of replacement titles.

Conversion of titles
held in court as security

1.       Application
for release of the original title deed for purposes of submission to the Land
Registry for conversion of the title.

2.      
Issuance of replacement title.

3.      
Return of the new title to the Court after
conversion for safe keeping.

Conversion of titles
held as security by financial institutions, banks and/ or other creditors

1.      
Application for replacement of title by the
registered owner.

2.      
Presentation of the application by the
encumbrancer or appointed representative.

3.      
a). Issuance of a replacement title or,

 b).
Issuance of a new title in the name of the transferee upon registration of
transfer by chargee in a case where the chargee is exercising its statutory
power of sale.

Have you registered with Ardhisasa? If you haven’t , read this
registration guideline
to see how to register either as an individual or as
a company.

For
enquiries, please visit Ardhi House, Off Ngong Rd: P.O. Box 30450-00100, Nairobi,Kenya or email: ardhisasa@ardhi.go.ke .

The ministry can also be reached on phone:
0743922876.

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