Replacing a lost title deed in Kenya is a legal and administrative process that ensures the property owner is issued with a replacement document while safeguarding against fraud. The procedure is outlined under the Land Registration Act of 2012, and involves the following steps:
1. Report the loss to the police
You will be required to visit the nearest police station and file a report regarding the loss of your title deed. You will be required to explain to the officers the circumstances under which the title was lost.
You will then be issued a police abstract, which serves as proof that you reported the loss of your title deed.
2. Letter from the area chief
You will be required to obtain a letter from the chief in charge of the area where your land is located. The purpose of this letter is to confirm that you indeed the rightful owner of the land in the area, and the local administrator is aware of its location and circumstances leading to the loss of your title deed.
3. Advert on any local daily of National circulation
The preferable dailies are Daily Nation or the Standard. The advert should contain details of the land, circumstances of the loss of the title deed and the intention to replace it. This is a crucial step because it provides an opportunity for whoever might have come across the title to surrender it, thus saving you the burden of following tedious processes to replace it.
It also provides a chance for anyone with objections to raise them within the stipulated period (usually 60 days)
4. Map from Survey of Kenya
The map shows the physical location of the land, its size, structures around it and other details. This ensures the parcel of land being discussed matches the records in the land registry.
Further, these details help in the regeneration of a new title deed once the application process is completed and approved by the land registrar.
5. Affidavit from advocate
Visit an advocate's office or commissioner of oaths to help you draft and swear an affidavit of loss of title deed. The affidavit should include:
· Your name and contact information
· Property details e.g land reference number, size, location etc.
· Circumstances under which the title deed was lost or destroyed.
· A clause indicating that if the title is found, you will surrender it).
· Ensure your affidavit is signed, stamped and dated accordingly.
6. Application to the Land registrar
The application form is prepared by the advocate to ensure all the finer details are captured and necessary legal processes followed.
The advocate will help you to fill out an LRA12 Form (Application Form under the Land Registration Act). This form formalises your request for a replacement title deed and must be submitted to the relevant Land Registrar.
The application should contain the following details.
· A police abstract
· Sworn affidavit
· Copy of lost title deed (if available)
· Your original identification documents e g national ID, KRA PIN certificate etc.
7. Submit All Documents to the Land Registry
Gather the following documents and submit them to the relevant Land Registry office:
· Police abstract
· Letter from the area chief
· Copy of the newspaper advertisement
· Map from the Survey of Kenya
· Affidavit
· Completed LRA12 Form
· A copy of your ID and PIN certificate for identification purposes
8. Pay the Required Fees
The Land Registrar will advise you on the applicable fees for the replacement of the title deed. Make the payment and obtain a receipt for your records.
9. Issuance of a New Title Deed
After successful verification, the Land Registrar will issue you with a Replacement Title Deed. This document will serve as the official proof of ownership of your land, replacing the lost title deed.
