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February 21, 2019

Land Registration now made easier

The Land registration Act is one of the most recent statutes that have come into force with the Constitution 2010. It is one of the statutes that have come to attend to the confusion that was experienced under the old and repealed land laws that impacted negatively on the family and land ownership. It applies to private land under Article 64 of the Constitution. This means it applies to matrimonial land.

In the discharge of their functions and exercise of their powers under this Act, the Commission and any State officer or public officer shall be guided by many values and principles including the elimination of gender discrimination in law, customs and practices related to land and property in land.

The guiding values and principles of land management and administration in this section bind all State organs, State officers, public officers and all persons. This means that the Environment and Land court shall be guided by these principles.

Under The Act,“joint tenancy” means a form of concurrent ownership of land where two or more persons each posses the land simultaneously and have undivided interest in the land under which upon the death of one owner it is transferred to the surviving owner or owners.

Matrimonial home means any property that is owned or leased by one or both spouses and occupied by the spouses as their family home.

To partition means the separate by a formal legal instrument of the shares in land or lease held by owners in common so that each such owner takes shares free of the rights of the others.

Tenancy in common means a form of concurrent ownership of land in which two or more persons possess the land simultaneously where each person holds an individual, undivided interest in the property and each party has the right to alienate, or transfer their interest.

Transfer means the passing of land, a lease or a charge from one party to another by an act of the parties and not by operation of the law and includes the instrument by which such passing is effected.

Transmission means the passing of land, a lease or a charge from one person to another by operation of law on death or insolvency or otherwise howsoever, and includes the compulsory acquisition of land under any written law.

Section 27 of the Act provides that a child shall be capable of holding title to land through a trustee and such child shall be in the same position as an adult with regard to the child’s liability and obligations to the land.

Section 49 stipulates that one of two or more joint proprietors of any land, lease or charge dies, the Registrar shall, on proof of the death, delete the name of the deceased from the register by registration of the death certificate.

Section 51 (1) of the Act provides that subject to any restriction on a person’s power of disposing of any land, lease or charge contained in an appointment, the personal representative or the person beneficially entitled on the death of the deceased proprietor, as the case may be, shall hold the land, lease or charge subject to any liabilities, rights or interests that are unregistered but are nevertheless enforceable and subject to which the deceased proprietor held the same.

But for the purpose of any dealing the person shall be deemed to have been registered as proprietor thereof with all the rights conferred by this Act on a proprietor who has acquired land, a lease or a charge, as the case may be, for valuable consideration.



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