Lost your title deed? Panic not! Losing such a vital document can be nerve-wracking, but fear not, we have got you covered with a step-by-step guide to help you navigate the process seamlessly.

Before initiating the replacement process, thoroughly search for the document. Look in your usual storage locations, file cabinets, and safety deposit boxes. Ask family members if they might have misplaced it.

Step 1: Report the Loss to the Police

Once you’re certain the title deed is lost, head to the nearest police station and file a report. This official document, known as an abstract, will serve as evidence that you reported the missing deed and deter any potential misuse.

To obtain the police abstract, the registered proprietor is required to present:

• Copy of the title or the title number; and
• Original identity card/passport.

Step 2:  Visit the Local Land Registry Office

With the police abstract in hand, visit the Land Registry office where the original title deed was issued. Inform them about the lost document and they’ll provide you with Application for Replacement certificate of Title/Lease on Loss/ Destruction of a Previous Title form. The following documents accompany the said application:

• The Police Abstract;
• Certified copies of National Identity Card/Passport of the registered Proprietor(s);
• 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;
• Colored passport-sized photos of the individual registered Proprietor (s) or person(s) making the statutory declaration;
• Where it is the case of a registered entity, certified extract of the resolution of the entity seeking an application for a replacement title; and;
• An official search in respect of the Property and/or any other document showing proof of

The law requires the registered proprietor to swear a statutory declaration explaining the circumstances under which the title was misplaced, destroyed or lost

Step 3:  Publication in the Kenya Gazette and Local Dailies

The registrar will verify that the title has been lost. Thereafter, he or she will cause publication of the name of the person whose title has been lost in the Kenya Gazette and at least two local dailies with nationwide circulation. The publication shall give a sixty (60) days’ notice about the loss of the title.

The intention of the Gazette Notice is to notify the public that upon expiry of sixty (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 to take action. The person shall be required to pay prescribed fee to the government printer for the said publication

Step 4: Confirmation and Issuance of duplicate of the title

After lapse of 60 days, the registrar is required to verify and confirm that the process was duly followed. If satisfied with the evidence proving the destruction or loss of the certificate of title or certificate of lease, he or she may issue a provisional certificate of title or certificate of lease upon the expiry of sixty days from the date of publication in the Gazette or circulation of such newspapers, whichever is first.

Thereafter, the Land Registrar enters the relevant entries into the relevant cards (i.e green card if the past transaction pertains a freehold and white card where the interest involved is a lease) and issues a replacement of the Title Deed thereon.  The law requires that, where the lost title deed is found, it should be presented to the registrar of lands for cancellation.

To protect illegal dealings or transactions on the land whose property is lost, the law (Section 77 of the Land Registration Act, 2012) recommends that a caution be registered by the legal owner during application for replacement and before issuance of the title.

The cost of replacement varies per county. To learn about the cost, contact us and we shall get the information for you.

Step 5: Conduct a new search

To make sure that the details have been successful, we recommend that you conduct a new search.

Frequently Asked Questions

What should I do if I lose my title deed?
If you lose your title deed, the first step is to thoroughly search for the document. If it is not found, report the loss to the police and obtain a police abstract. Then, visit the local Land Registry office where the original title deed was issued to initiate the replacement process.

What documents are required to replace a lost title deed?
To replace a lost title deed, you will need the following documents:

• Police abstract
• Certified copies of your National Identity Card or Passport
• Certified copies of the certificate of registration/incorporation (for entities)
• Colored passport-sized photos of the registered proprietor(s)
• A statutory declaration explaining the loss of the title
• An official search in respect of the property

How long does it take to get a replacement title deed?
The replacement process involves publication in the Kenya Gazette and local dailies, giving a 60-day notice period. After the 60 days, the Land Registrar will verify the process and, if satisfied, issue a replacement title deed. The entire process can take several weeks to a few months, depending on the specifics.

Is it necessary to register a caution during the replacement process?
Yes, it is recommended to register a caution on the property during the application for a replacement title deed. This helps protect against illegal dealings or transactions while the title deed is being replaced.

What should I do if I find the original title deed after getting a replacement?
If you find the original title deed after receiving a replacement, you must present the original deed to the Registrar of Lands for cancellation. Keeping the original after a replacement has been issued can lead to legal complications.