Title deed is a legal document which records ownership of property. In Kenya they are used to prove who owns property before prior sale.
The title deed also provides information about the extent of the land boundaries around the property.
Moreover, the document may also include information about conveyancing works previously carried out on the property, and its tenure.
In Kenya the Ministry of Lands has provisions set for replacing a lost, misplaced or damaged title deed.
Here is a step-by-step guideline to follow when replacing a lost, misplaced, and damaged title deed.
Police Abstract
To begin with, you should first get a police abstract that is available at the National police website.
- Go to the Kenya Police Service website
- Click on ‘Downloads’ after which a series of abstracts will be displayed
- Select replace title deed
- Thereafter proceed to download the title deed abstract form.
- Fill in the required details and take the form to the nearest police station where a case officer will be assigned to your case.
Alternatively, you can visit the nearest police station, to acquire printed abstracts.
Worth noting is that an abstract serves the purpose of informing the government through the Kenya Police that your title deed is missing.
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Apply for Search of Title Deed
Moreover, after getting the abstract, conduct a title deed search at The Ministry of Lands.
This process will involve Loging into the e-citizen portal or physically visiting the ministry’s offices. To do this.
- Visit the Ministry of Lands, Housing & Urban Development website
- Select the land search option
- Enter the title number and fill out the online land search form
- Submit filled form on the website
Notably, this process includes taking a copy of your ID and KRA pin certificate to the registrar of Lands physically or online.
A search will help you ascertain that the registry files indicate that you are the actual owner of the land.
Protect Property from Illegal Transactions
Moreover, one is required to place protection from illegal transactions within their property.
While at this stage it is advisable to seek the help of a dully registered lawyer.
The lawyer will help you place a formal notice opposing certain acts in reference to your title deed, hence preventing any party from conducting transactions with your lost title deed.
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Place Statutory Declaration
Statutory declarations are legal documents that can be referred to in any act.
A lawyer will serve you with a declaration form in which you will provide details of how the document got lost or destroyed.
Likewise, a statutory declaration contains details on when the title was lost, and the search efforts put in place to find it.
You will also fill in an application form that will be attached together with the police abstract and the declaration form.
Upon completion, one is required to present these forms to the Registrar of Lands for perusal.
Gazette Notice
The registrar of lands after perusal uses the declaration forms as evidence of the loss.
Once satisfied he/she will publish your name in the Kenya Gazette.
Additionally, your name will also be published in two mainstream newspapers with national circulation.
The notice gives the public 60 days’ notice about the loss of the title deed.
Also, worth noting, a small fee is paid to the government printer for publishing the notice of the loss in the Kenya Gazette.
Issuance of New Title Deed
After the lapse of the 60 days, the registrar will confirm whether the procedure was duly followed.
Upon payment of a requisite fee an approval for the issuance of a new title deed is given.
