How to Replace a Lost Land Title Deed in Kenya

The process of getting a lost land title deed replacement can be long and tiresome especially if one is not clear on the steps that can be taken for it to be recovered. Below are the steps required to ease the process.

Jan 1, 2021 - 01:37

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How to Replace a Lost Land Title Deed in Kenya

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There are some documents that most people guard so diligently because they are only issued once and when or if the original copy gets lost, the process of getting a replacement can be long and tiresome one especially if one is not clear on the steps that can be taken for it to be recovered.

Land title deeds are such kind documents, however, with clear information on exactly what is needed to be done on the recovery process, an individual can easily replace a lost one.

The following documents are required for the process to go through:

Original National Identity Card
Copy of your KRA pin certificate
Police Abstract
A copy of the title deed or at least the title deed's number

The following are steps that can be followed during the title deed replacement;

Steps to follow.

1.Obtain a Police Abstract.

Visit the nearest police station with a copy of the title deed or the title deed's number, an original national identity card or passport, and a copy of your KRA pin certificate to obtain a police abstract confirming the loss of your title deed.

You can also download a police abstract from the police website, fill it with the necessary information and go present it to the police station for stamping and filling

2. Apply for a search of the lost title deed.

Take a copy of your ID and your KRA pin certificate to the registrar of lands. This is to ensure that the registry files indicate that you are the actual owner of the land. The search for it should also begin.

3. Swearing of an affidavit to confirm the loss of a title deed.

An affidavit is a statement written by an Individual that is sworn to be true. The registered owner, therefore, needs to swear an affidavit explaining where, when, and how the title deed got lost or destroyed. You should also indicate the search efforts put in place to recover it. You will also fill out an application form that will be attached together with the police abstract and the declaration form and present them to the registrar of lands.

4.Place a caveat to protect your land and property from illegal transactions.

A covet in law is a notice that states certain actions may not be taken without informing the person who gave the notice. Therefore, you should seek help from a registered lawyer to help you place a notice to the court, judge, and ministry of lands opposing certain acts in reference to your title deed. This is to prevent any party from conducting transactions with your lost title deed.

5.Publishing your name in the Kenya Gazette.

The registrar of lands shall publish your name in the Kenya Gazette once satisfied with the declaration forms as evidence of the loss of your Title Deed. The Gazette notice gives the public a 60-day notice about the lost title deed. It is important to note that you shall be required to pay a small fee to the government printer for publishing the notice.

6.Confirming that the procedure was followed.

At the end of 60-days, the registrar will confirm if the procedure was duly followed and upon payment of the requisite fee, an approval for insurance for a new title deed in place of the lost one is given.

7.Provision of a new title deed.

After the relevant entries are made by the land registrar, The replacement title deed is then signed, sealed, and issued to the registered owner. The registered owner can then henceforth use the title to engage in transactions and can pledge with the same security or transfer the land with the new title.

It is important to note that if the lost title deed is found, it should be presented to the registrar of lands for cancellation.