How To Legally Own Land in Kenya
There are different ways to legally own land in Kenya, depending on whether you are a citizen or a non-citizen.
Should it happen that you are a citizen, You can own land either freehold (this is a permanent and absolute tenure of land or property with freedom to dispose of it at will) or leasehold that’s restricted for a specific period of time.
According to the Constitution of the Land Act, the law clearly states ways in which land can be acquired legally.
A valid title deed provides a state-backed guarantee, securing ownership.
Below are some of the legal ways you can own land in Kenya.
Transfer of Property
This is actually one of the most common ways of owning land, with a buyer buying land before the seller transfers registered land ownership.
Government Allocation
The Government has the power to transfer public land to an individual for maybe a stipulated period of time, and conditions and terms apply.
Adjudication
This is undertaken by the Government and usually includes ascertaining and recording rights and interests in areas of community land referred to as trust land areas.
Compulsory Acquisition
This is the power of the government to acquire privately owned land, or rather, property, without the willing consent of its owner or occupant.
Title deeds to land can also be acquired through compulsory acquisition, whereby the Government acquires private land for a public purpose.
For instance, the Government can use the land for infrastructure and setting up other public facilities like schools and even hospitals.
However, the Government must first issue sufficient notice to landowners and even publish the same in the Kenya and County Gazettes.
Land Transmission
It entails passing land, a lease, or a charge from one person to another by operation of law on death. or, in other words, a legal process that’s undertaken before the land can be transferred to beneficiaries or a third party.
For example, If one passes and is a registered owner of the property, his or her personal representative is registered as the proprietor.
That’s basically how one can legally own land.
