To define what Land Registration is, it is considered as the official record of right in a defined
area of land or an authoritative record of information concerning land for legal purposes of
statute granted on the matters of land registration is the National Land Commission Act of 2011
which aids in the smooth transition of land according to devolution. The constitution also directs
The land registration system is provided for under the Land Act. It is a system by which
matters concerning ownership, possession or other rights to land are recorded under with a
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no. 3 of 2012
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Cap 306
As population gradually grew in most societies, land became an increasingly scarce resource
and various types of rights to use the land developed. Land transfer became a legally binding
agreement upon the delivery of transfer price or an oral agreement and this became
increasingly necessary to develop systems which would clarify ownerships and minimize
disputes.
For instance, in Hong Kong, there is little public demand for a land title registration system.
It is so because the general public is usually not concerned with land registration matters, but
In that case, Kenya as a state came up with ideas on establishing land registration systems. It
was clear that land title registration systems will offer greater certainty of title, simplified
1) Property purchasers can be sure that the registered owner is the legal owner.
2) Property acquired by purchasers in good faith will not be affected by claims which are
3) Defects or uncertainties in title which affect the value and redevelopment potential of
4) Property conveyance will be simplified as it will not be necessary to look at old title
6) More efficacies in land transfer. The cost of delay for permit is a serious constrain
however with the registration system make transfer easy, less expensive and secure
7) Security if credits. The land title can be used in as collateral for loans, this security as a
high impact on the productivity of land since it enables realize major financial resources
8) Public control of land markets and intervention. Policies such as land redistribution and
control over foreign land ownership are difficult to supplement without a functional and
registration system
9) Support for the land taxation system. The expenses for improving the registration system
10) Improve land use and management. It can directly provide better information on land
ownership and rights for physical planning as well as facilitate the development of other
planning such as information banks covering land use, land value and population
11) Provides a tool to restrict certain land use with a negative environmental impact
12) It has been proven that the cost for improving the registration system can be recovered
within a very short time span with revenue from land transfers
1. Registration of Deeds
2. Registration of Title
1. Registration of Deeds.
The registration of deed system entails maintenance of a public register in which documents
affecting interests in a particular registered land are abstracted. The document is the one
which is always registered and not the title, hence the documents prove the title and not the
register. If one wishes to use this type of register they have to go through the history of all
transactions of that land with the help of the Public Registries, the establishment of the good
The disadvantages of this system would be that the government does not guarantee the
accuracy, of the register with the consequence that any person suffering loss as a result of the
inaccuracy therein is not entitled to state indemnity. This registration system is very
expensive in terms of the resources required to be expended by a conveyance. One has to put
in a lot of time, money and personnel. The registration of documents is largely a province of
the following Acts: Registration of Documents Act (Cap 285), Land Titles Act (Cap 282),
In the registration of titles, a register of title will provide a commanding record of the rights
to the piece of land vested in a particular person or body together with the limitations that
may be present to those rights together with all details pertaining to that land. Once the
property is recorded the land registrar will check the details of the recorded property and
once he is satisfied that the property is in order, then the existing legal owner of the property
Registration of title provides for that convenience and simplicity. Anybody interested in a
given property would want the simplicity and convenience based on principles that are by far
quite different from those applicable under the unregistered system. Registration of title
offers cheap expeditious and secure methods in property dealings unlike, the unregistered
Its principle objective is to replace the traditional and registered title method with a single
established register which is state maintained and therefore conclusive and authoritative as to
the details or particulars set out therein. It is credited with eliminating the wasteful burden
placed on potential purchasers under the unregistered system which requires them to
separately investigate titles to assure themselves that it is a good title that can pass and which
is free from any hidden claims which may be adverse to their interests. Since it is state
maintained and operated, the title registration system enjoys all the advantages that are
unavailable under the registration of the deed system which is not very different from the
unregistered system.
Unlike the registration of the deed system the registration of title system has the capability of
investing secure titles in all persons in whose favor such registration may be effected. It is
further regarded as final authority on the correct position regarding any registered land. It is
also cheap and expeditious in terms of facilitating various transactions regarding registered
land. State indemnity is available for any losses that may be incurred and so it makes
The register is a very important document as it is the sole authoritative record wherein lies
title to all registered plans. The register is kept at the lands office, the central registry in the
lands office. The register refers to the official record containing details of ones estates,
particulars of the property and the interests that affect the property so it would identify the
nature of the Estate whether leasehold property or freehold or an absolute estate and such
records are described by reference to an official map plan that is maintained at the registry.
The register can also be used in reference to the entire index of many individual registers that
comprise the sum total of all titles relating to registered land in the country.
In each case the register has divisions or sections into which it is divided. There are 3 main
sections so that each register is divided into 3 parts, property section, proprietorship
property. If the registrar is satisfied that the title is in order then the current legal owners will
be entered on the register as the registered proprietors. The registrable transactions are thus
registered against each title document kept in the registry and a memorandum thereof is
Registration under this system is affected by the three fundamental principles of the
3
Australian Torrens System. These principles will be discussed further in the topic:
Theodore Ruoff and Robert Roper in their book Ruoff and Roper on The Law of Registered
Registration of title gives finality and certainty by providing an up-to-date official record
of land ownership. The need to examine the past history of the title on each successive
A registered title is guaranteed because there is express provision for indemnity should
any person suffer loss through any error in or omission from the register.
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The Torrens system of land titles was introduced into South Australia by Sir Robert Torrens and has since spread
into many communities in the British Commonwealth and some countries outside it.
Registration can cure defects in title which, may, up to the time of first registration, have
been the subject of recurrent conditions of sale and enquiries. In addition, many
unregistered titles have been successfully re-established by registration after the title
For each title there is provided an official plan which clearly identifies the extent of the
registered land.
The proprietor of registered land (when it is not in mortgage) is issued with a land
certificate which contains a copy of the entries in the register and of the official plan
identifying the land. This certificate, unlike the often numerous and bulky title deeds of
proprietor can readily see and understand exactly what he owns. If the certificate is lost it
can be replaced so that the proprietor will still be able to deal with his land.
When unregistered land is mortgaged to secure a loan, the mortgagee holds the title deeds
as part of his security. In the case of a mortgage of registered land, the mortgagee holds a
charge certificate which is a document similar on form to a land certificate and to which
is annexed the mortgage deed. This can be can be particularly helpful to mortgagees
because it reduces the costs of handling and storing bulky documents. So far as the
mortgagor is concerned, he is always able to obtain an up-to date record of his title
without having to go to his mortgagee because he can obtain from the land registry an
appurtenant rights, which is good against the world and which is subject only to such
mortgages and other burdens as are set out on the register or are declared by statute to be
overriding interests. Overriding interests are matters which do not normally appear in the
abstract of an unregistered title. They may, for example, be local land charges which can
occupier.
Registration of title eliminates the need for the deduction by the vendor and the
of title, as is necessary on each successive transaction with unregistered land. Should the
proprietor of registered land wish to sell his property, he can speedily offer proof of his
title by obtaining an official copy of the register and the title plan without normally
facing any problems arising from defects in the title or in the identity or extent of the
land.
In his turn, the purchaser can quickly and safely accept the evidence of title offered by
the vendor without the need to investigate the past history of the title. He can then protect
himself by making an official search of the register immediately before the completion of
the purchase. This will ensure that no other entries have been made on the register since
the date of the official copy which the vendor has supplied to him and the search will
have the effect of reserving priority for the subsequent registration of his transfer.
Simple forms are prescribed for transfers and mortgages of registered land. Furthermore,
because each registered title is identified by its registration number, the description of the
conveyance work. It also excludes the possibility of fraud resulting the duplication or
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suppression of title deeds.
of Title Act, Cap 281 and Registered Land Act, Cap 300.
The fact that there are two parallel systems of registration in Kenya, it ordinarily follows that
there are different laws that regulate the registration of documents on one side, and the
NB: Prior to 2nd May 2012, title deeds were issued under any one of the following statutes,
4
Theodore Ruoff& Robert Roper, Ruoff and Roper on The Law and Practice of Registered Conveyancing, (4thedn),
Stevens and Sons, London, 1979, p 8-10
The Land Titles Act (LTA); and
Retained titles : Title deeds issued under the RLA and RTA continue to be valid
notwithstanding the new laws. These are the most common title deeds in Kenya. In due
course, the registrar will issue new title deeds in the new prescribed form.
Titles to be examined and registered afresh: Title deeds issued under the GLA and LTA
on the other hand, will have to be examined and registered afresh under the new laws. There
are no specific timelines prescribed for the examination and fresh registration, save that this
has to be done 'as soon as conveniently possible' - as provided in the new laws. This does not
mean that GLA and LTA title deeds invalid. However, they will only be recognized under
The new laws are silent on whether holders of GLA and LTA title deeds will be allowed to
transact with their title deeds, pending their examination and fresh registration. This appears
not to be permitted and will almost certainly cause delays in ongoing transactions related to
b) Agricultural- Land that is used primarily for production of food and fiber.
c) Range land- Land where the potential natural vegetation is predominantly grasses, grass
liked plants or shrubs and where natural herbivore was an important influence in its pre-
civilization state.
d) Forest land- It has a tree crown area density of 10% or more stocked with trees capable
of producing timber or other wood products and exerts an influence on the climate or
water regime. Land from which trees have been removed to less than 10% crown
closure, but which have is rotation cycles of clear cutting and block planting are part of
forest land.
f) Wetland- This is an area where water tables is at or near of above the land surface for a
g) Barren land- This is land of limited liability to support life and less than one third of
the area has vegetation cover. It is characterized as an area of in soil sand or rocks and
vegetation, if present, is widely spaced scrub and in case of heavy rainfall which is
Classification of land is provided for in Chapter 5 of the constitution in articles 61-64 and
according to article 61; it states that all land in Kenya belongs to the people collectively as a
Public Land
On matters of public land as per article 62 (1), it is Land which at the effective date was
unalienated government land as defined by an act of parliament in force at the effective date.
This type of land that is lawfully held is used or occupied by any state organ, except any such
land that is occupied by the state organ as lease under a private lease. Public land can be
transferred to the state by way of sale, revision or surrender. Land in respect of which no
All mineral oils defined by law are considered to be part of public land. Another part of public
land is government forests, other than forests to which article 63(2) (d)(1) applies, government
game reserves, water catchment areas, natural parts, government animal sanctuaries and specially
III. The territorial sea, the exclusive economic zone and the sea bed
IV. The continental shelf
VI. Any land not classified as private or community land under this constitution
According to the article 62(2) of the constitution it provides that public land shall be vested
in and be held by a county government in trust for the people resident in the county, and
which at the effective date was unalienated government land as defined by an act of
parliament in force at the effective date, land transferred to the state by way of sale,
be established by any legal process or land in respect of which no heir can be identified by
any legal process and land lawfully held used or occupied by any state organ, except any
such land that is occupied by the state organ as lease under a private lease other than land
In article 62(3) the rest of the types of public land that has not been mentioned in
sub-article (2) will be vested in and be held by the national government in trust for the
people of Kenya and shall be administered on their behalf by the national land commission.
Article 62(4) of the constitution, states that public land shall not be disposed of or
otherwise used except in terms of an act of parliament specifying the nature and terms of
disposal or use.
Community Land
This can be found in article 63 of the constitution of Kenya. Sub-article (1) talks of how
community land shall be vested in and be held by communities identified on the basis of
ethnicity, culture or similar community of interest and article 63(2) classifies community
land as:
the county government, but not including any public land held in trust by
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Article 63(3) of the 2010 Constitution of Kenya
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Article 63(4) of the 2010 Constitution of Kenya
Private Land
According to article 64 of the constitution, private land is registered land held by any
person under any free hold tenure, land held by person under lease hold tenure and any
The insurance principle refers to the guarantee secured by the State that any loss incurred
by a registered land resulting from reliance on the conclusiveness of the land Registry by a
land purchaser will be compensated through a statutory indemnity system. This relates to
the fact that since the state has undertaken to establish and maintain this sort of system, the
state by extension guarantees that there would be indemnity offered to compensate anyone
who may suffer loss as a result of mistakes in the register or merely by reason of the fact of
operating that system itself that in event of injury or damage arising out of such
circumstance, there is a state run system that will compensate any person who suffers loss
The curtain principle is the concept that land registration may allow certain equitable
interests attached to the land hidden from a purchaser's view. This curtain,' however, does
not affect the validity of any transaction on the registered land so long as the details of the
registration reflects the validity of the title. This is to the effect that once registered as the
owner of an interest and such interest duly disclosed or entered in the register the rights
acquired cannot be defeated by any adverse claims which are not disclosed in the register.
The register is a public document and open for inspection by the public so that the
presumptive position is that everyone will be deemed to know. Discoveries can be made of
material details which would affect a person in one way or another and it is good public
policy that the openness allows you to know any adverse interest before one goes very far
with the transaction one can seek explanations. Once weve got all these guarantees, we
shouldnt allow them to be defeated by any hidden claims and the registers should be open
for anyone to see. The idea of public notice provided for by keeping a policy of an open
register should work towards strengthening the rights of an individual with an interest.
The mirror principle refers to the idea that the due registration of a land title must reflect all
the important and significant details that a purchaser must know before buying the land.
These details refer to the identity of the owner, the nature of his ownership, any limitations
on his ownership and any rights enjoyed by other persons over the land that are adverse to
the owner. This relates to the accuracy or certainty or conclusiveness that entries in the
register in as far as the true status of the title are concerned. Whatever is found in the
expect to get all material details including true position of ownership, the interests or other
rights to which such ownership could be subject, the history of how this property has
changed hands if at all the first time and at any time changing hands might have taken
place. Mirror principle stands for transparency in shading light about what the position is
and once we have accepted the principle there is the element of confidence and assurance
that we are not having any hidden factors or interests that may be adverse to the interests of
d) INDEFEASIBILITY
This is to the effect that once registered as the owner of an interest and such interest duly
disclosed or entered in the register the rights acquired cannot be defeated by any adverse
claims which are not disclosed in the register. The register is a public document and open
for inspection by the public so that the presumptive position is that everyone will be
deemed to know. Discoveries can be made of material details which would affect a person
in one way or another and it is good public policy that the openness allows you to know
any adverse interest before one goes very far with the transaction one can seek
explanations. Once weve got all these guarantees, we shouldnt allow them to be defeated
by any hidden claims and the registers should be open for anyone to see. The idea of public
notice provided for by keeping a policy of an open register should work towards
1. The Constitution of Kenya 2010 by the National Council for Law Reporting with the Authority of
3. Ruoff and Roper on The Law of Registered Conveyancing by Theodore Ruoff and Robert