Types of land titles in Kenya.

A land title deed is a legal document that establishes ownership and legal rights to a plot of land. It is the most basic document necessary during a land sale, and its data are frequently changed from the vendor to the purchaser once a land transaction has occurred to demonstrate ownership transfer.

In Kenya, there are several types of land titles that are used to indicate ownership or rights to land as per the Land Acts. These include:

1.      Freehold title: This is the most common type of land title in Kenya, and it gives the owner absolute ownership of the land. The owner has the right to sell, lease, or mortgage the land, as well as the right to pass it on to their heirs.

2.      Leasehold title: This type of title is granted for a specific period of time, usually between 99 and 999 years. The owner has the right to use and occupy the land during the lease period, but the land ultimately belongs to the state or another entity. In Kenya, examples include 33, 50, 66, and 99-year government leases for urban plots. With the adoption of the new constitution on September 1, 2009, all 999-year leases were changed to 99-year leases.

3.      Communal land title: This type of title is issued to a community or group of people, rather than an individual. The community has the right to use and occupy the land, but the land belongs to the state.

4.      Customary land title: This type of title is based on traditional customs and practices, and is typically used in rural areas. The land is owned by a community or group of people, and the rights to use and occupy the land are determined by traditional practices.

5.      Special Purpose title: This type of title is granted for specific purposes such as mining, forestry, and wildlife conservation. The land is owned by the state, but a company or individual is granted rights to use it for the specific purpose for which it was granted.

6.      Public land title: This type of title is granted for public use, such as for schools, hospitals, or government buildings. The land is owned by the state and cannot be sold or transferred to private individuals.

The state types of land titles are all stipulated in the Kenyan constitution under the Land Act. Here are some of the land acts of Kenya since independence:

ü  Indenture: a title under the Government Lands Act Cap 280 (repealed)

ü  Grant: Government grant under Registration of Titles Act Cap 281 (repealed) and a county council grant under Trust Land Act Cap 288.

ü  Certificate of title: grant issued as a result of a subdivision without change of user.

ü  Certificate of lease: title under the Registered Lands Act Cap 300 (repealed) for leasehold land.

ü  Absolute title deed: title under the Registered Lands Act Cap 300 (repealed) for freehold land.

ü  Sectional title: title for a unit within a building, for example, a flat or apartment.

ü  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.

ü  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.

ü  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.

It's important to note that the Land Act and the National Land Policy also provide for the recognition of other forms of land tenure such as inheritance land, leasehold land, and rental land.

In Kenya, the process of obtaining a land title can be complex and time-consuming. It involves various stages such as land registration, survey, and approval by various government bodies. The Ministry of Lands and Physical Planning is responsible for overseeing the process of land registration and issuing land titles in Kenya.

In addition to the above, the government has also implemented various programs to increase access to land, such as the Community Land Act, which recognizes and formalizes the rights of communities to the land they have traditionally occupied and used. This act gives communities the right to register their land and obtain a title and also provides for the protection of community lands from being sold or transferred to private individuals without the consent of the community.

In Kenya, land ownership is a complex process and it's important to understand the different types of land titles and the process of obtaining them in order to make informed decisions about land ownership and use. To know more about the process of purchasing land in Kenya follow the link 

Read More