A land title deed is a document that proves ownership and legal rights over a piece of land. It is the most fundamental document required during land transaction and its details are usually changed from the vendor to the purchaser after a land transaction has taken place so as to show or indicate the new owner after the transfer of ownership.
Prior to the year 2012, there existed different legislations that regulated land and property ownership in Kenya and which have now been repealed by the Land Act and Land Registration Act both of 2012.
Before the enactment of the Land Act No. 6 of 2012 and Land Registration Act No. 3 of 2012, below were the common types of titles:
- Absolute title deed- this was a title issued under the Registered Lands Act Cap 300 (repealed) for freehold land.
- Leasehold title deed- this was a title under the Registered Lands Act Cap 300 (repealed) for leasehold land.
- Indenture: This is a title deed created under the Government Lands Act Cap 280 (repealed).
- Grant: A Government grant under Registration of Titles Act Cap 281 (repealed) and a county council grant under Trust Land Act Cap 288.
- Certificate of Title: This is a title deed issued as a result of subdivision without a change of user under Registration of Titles Act Cap 281 (repealed).
Post 2012 new land legislations that is the Land Act, the Land Registration Act and the Sectional Properties Act were enacted. The Land Registration Act, 2012 consolidates the various titles under the repealed Acts into either a “Certificate of Title” or “Certificate of lease.” A Certificate of title is issued for freehold land while a Certificate of the lease is for leasehold land. Additionally, the Sectional Properties Act, 2020 brought with it “The Sectional titles” which are title deeds for units within a building such as a flat or an apartment and they can either be in form of Certificate of tile for freehold property or Certificate of lease for leasehold property.
Under the Government Land Act chapter 280 (now repealed), leasehold grants bearing CR numbers were issued.
Under the Registration of Titles Act chapter 281 & the Land and Titles Act chapter 282 (now repealed, freehold certificate of titles bearing CR numbers were issued.
Under the Registration of Titles Act chapter 281 (now repealed), long term leasehold titles bearing I.R numbers were issued.
Currently Land Reference numbers (L.R) are issued depending on the registration unit, registration section, block number, cadastral plan and parcel number as determined and serialized by the Registrar.
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