8 Frequently Asked Questions By People about Land
There are a number of questions that are normally asked:
What is the importance of a title deed?
This is a legal document that proves ownership of property, so it saves you the trouble of narrating a whole paragraph about why you are an ideal owner.
It seals the deal and makes it easier, cheaper, and safer, thus improving accessibility to land.
It also enhances incentives to invest in land due to the perceived security that it provides.
Define a caveat
This is a legal notice that prevents certain transactions on property or land without the consent of the person who lodged it.
It warns anyone dealing with the property that someone has a priority interest in that property.
Who can lodge a caveat
Any person can lodge a caution or caveat so long as he or she claims a contractual or other right over land amounting to a defined interest capable of being created by a registrable instrument, e.g., a lease.
This can be done with the registrar against any dealing that is inconsistent with interest.
What is the importance of land searches
It shows. The registered owner of the land, acres of the land as well.
Any other encumbrances that may be associated with the land that have not been spelled out.
What is a lease agreement?
This is a contract between two parties that allows one of them to use an asset belonging to the other for a stipulated period of time.
The two parties involved are the lessor and the lessee.
Read: 3 TYPES OF TITLE DEEDS IN KENYA
What the lease agreement entails
It clearly explains what the landlord and tenant have agreed upon in regards to the duration of the lease.
The amount that will be payable.
The one responsible for the upkeep of the property.
Types of Land Tenure
Freehold: This gives the holder absolute ownership of the land for eternity, in the sense that they get to do whatever they want with the land.
Leasehold: This grants the lessee a stipulated duration for which he or she should be using the land. It is not for eternity; there are limits for a specific period of time, and then they seize.
Can I own land in Kenya?
The answer is yes! According to the 2010 Constitution, under Article 40 (1), it clearly states that everyone has the right to, either individually or in association with others, acquire land and own property in any part of the country.
