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cap 257 laws of kenya explained
Introduction
The Registered Land Act, Chapter 300 of the Laws of Kenya, was repealed and replaced by the Land Registration Act, 2012 (Cap 257). The Land Registration Act, 2012, is a comprehensive piece of legislation that governs the registration of land and land transactions in Kenya. This Act is crucial for ensuring the security of land tenure and facilitating land transactions. This explanation will delve into the key provisions, objectives, and implications of the Land Registration Act, 2012.
Table of Contents
Overview of the Land Registration Act, 2012
Objectives of the Act
Key Provisions of the Act
3.1 Registration Units
3.2 Land Registries
3.3 Registration of Titles
3.4 Rights of a Registered Proprietor
3.5 Transfers and Transmissions
3.6 Leases
3.7 Charges and Mortgages
3.8 Easements and Restrictive Covenants
Implications of the Act
Conclusion
1. Overview of the Land Registration Act, 2012
The Land Registration Act, 2012 (Cap 257) was enacted to consolidate, harmonize, and streamline the registration of land in Kenya. It repealed the Registered Land Act (Cap 300), the Registration of Titles Act (Cap 281), the Land Titles Act (Cap 282), and the Government Lands Act (Cap 280). The Act provides a unified legal framework for land registration, ensuring consistency and clarity in land transactions.
2. Objectives of the Act
The primary objectives of the Land Registration Act, 2012, include:
Consolidation of Land Registration Laws: To consolidate and harmonize the various laws governing land registration in Kenya.
Security of Tenure: To provide a secure and reliable system of land registration that guarantees the rights of landowners.
Facilitation of Land Transactions: To simplify and streamline the process of land transactions, making it more efficient and transparent.
Dispute Resolution: To provide mechanisms for resolving disputes related to land registration and ownership.
3. Key Provisions of the Act
3.1 Registration Units
Section 5: The Act provides for the establishment of registration units, which are geographical areas designated for the purposes of land registration. Each registration unit is managed by a land registry.
3.2 Land Registries
Section 7: The Act mandates the establishment of land registries in each registration unit. These registries are responsible for maintaining land registers and other records related to land transactions.
3.3 Registration of Titles
Section 9: The Act requires that all land in Kenya be registered. The registration of land confers legal ownership and provides evidence of title.
Section 24: The registration of a person as the proprietor of land vests in that person the absolute ownership of that land, subject to any registered encumbrances.
3.4 Rights of a Registered Proprietor
Section 25: A registered proprietor has the right to the exclusive possession, use, and enjoyment of the land. This right is subject to any encumbrances, restrictions, or conditions registered against the title.
Section 26: The certificate of title issued by the Registrar upon registration is conclusive evidence of ownership, subject to any fraud or misrepresentation.
3.5 Transfers and Transmissions
Section 37: The Act provides for the transfer of land by way of sale, gift, or other means. The transfer must be registered to be effective.
Section 49: The Act also provides for the transmission of land upon the death of the registered proprietor. The land is transmitted to the personal representative of the deceased, who must then apply for registration.
3.6 Leases
Section 54: The Act allows for the registration of leases. A lease must be in writing and registered to be enforceable.
Section 55: The Act provides for the rights and obligations of lessors and lessees, including the payment of rent and the maintenance of the leased property.
3.7 Charges and Mortgages
Section 56: The Act provides for the creation of charges and mortgages over land. A charge or mortgage must be registered to be effective.
Section 59: The Act outlines the rights and obligations of the chargor and chargee, including the right of the chargee to sell the charged property in the event of default.
3.8 Easements and Restrictive Covenants
Section 64: The Act allows for the registration of easements and restrictive covenants. An easement is a right to use another person's land for a specific purpose, while a restrictive covenant is a restriction on the use of land.
Section 65: The Act provides for the creation, registration, and enforcement of easements and restrictive covenants.
4. Implications of the Act
The Land Registration Act, 2012, has several significant implications:
Enhanced Security of Tenure: The Act provides a secure and reliable system of land registration, which enhances the security of tenure for landowners.
Simplified Land Transactions: The Act simplifies and streamlines the process of land transactions, making it more efficient and transparent.
Dispute Resolution: The Act provides mechanisms for resolving disputes related to land registration and ownership, which helps to reduce conflicts and litigation.
Harmonization of Land Laws: The Act consolidates and harmonizes the various laws governing land registration in Kenya, providing a unified legal framework.
Conclusion
The Land Registration Act, 2012 (Cap 257), is a comprehensive piece of legislation that governs the registration of land and land transactions in Kenya. It consolidates and harmonizes the various laws governing land registration, providing a secure and reliable system of land registration. The Act simplifies and streamlines the process of land transactions, enhances the security of tenure for landowners, and provides mechanisms for resolving disputes related to land registration and ownership. Overall, the Act plays a crucial role in ensuring the security and efficiency of land transactions in Kenya.
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