Types Of Land Consent In Kenya
A Consent simply refers to the irrevocable written permission of the relevant Authority, Proprietor, manager, or any other interested person that is required under the laws affecting the registration of land before any dealing with respect to a specific piece of land can be lawfully registered.
The essence of land consents is to offer validity to an intended transaction or modification in respect of a property.
Below are some of the common types of Land Consents:
Land Control Board Consent
This is a protectionist measure introduced by law so that it can prevent unsustainable subdivision of agricultural land.
It follows therefore that before a proprietor of such land can either sell, subdivide, or charge such land, they will have to first obtain the consent of the local Land control board.
The essence of this consent is to basically ensure compliance with land use and planning regulations.
It also protects the interests of the local community and the public in general.
Consent of the National Lands Commission
This kind of consent applies to land that has been leased from the Kenyan National Government.
All that is required is for the proprietor of the land to obtain consent before selling, subleasing, or even using their land or property as a loan security.
County Government Consent
This is a type of approval that’s required in order for certain transactions to be approved that involve land that’s leased from the county Government of Kenya.
The same thing as the consent of the National Land Commission applies here as well; before you sell it, you will also need consent from the County Government.
Lessor’s Consent
This is a legal term that refers to the permission given by the owner of a property (the lessor) to the tenant (the lessee) or a third party to do something that affects the property or the lease agreement. It acts like a go-ahead.
Management Company’s Consent
This is a system that enables consumers to give or withdraw consent for the personal data they are willing to share with a company.
This kind of system used by companies helps maintain compliance with privacy regulations. It also builds trust among customers and protects the privacy of their personal data.
Chargee’s Consent
This is a declaration by a lender that they agree to the terms of a deed that affects the property they have a charge over.
A situation whereby a property owner has obtained a loan facility by offering their property as security just in case. Them issuing this charge is like evidence they agree to the terms and conditions of the deed.
Spousal Consent
This is a voluntary agreement of one spouse on decisions or actions that may affect the couple or the marriage. At times, it can be a legal document that one partner signs to approve a beneficiary designation or a business agreement.
In Kenya, spousal consent is required for disposing of matrimonial property. This prevents the spouse from later trying to challenge the transaction, claiming they were not aware.
And in the event that the property is not matrimonial, it would be advisable to obtain a declaration from the spouse confirming the status.
It is important that buyers ensure that they have processed and availed themselves of the necessary legal documents so that they don’t end up getting themselves into a fixed situation that they could have prevented.
