CONVERSION OF LAND TITLE DEEDS

CONVERSION OF LAND TITLE DEEDS

Introduction

Conversion refers to the process of migrating title deeds to a unitary regime as provided under the Land Registration Act. Titles issued under the old laws are cancelled and replaced with titles under the new regime.

Conversion Process

The conversion process entails the following:

1. Preparation of the cadastral maps together with a conversion list indicating new and old parcels of land.
2. Publication of the cadastral maps together with a conversion list in the Kenya Gazette and two daily newspapers.
3. Lodging of complaints in Form LRA 96, within ninety (90) days from publication, to the Registrar in respect of the information contained in the conversion list and the cadastral maps.
4. Resolving all complaints lodged to the registrar.
5. Closing of all registers on the commencement date and all transactions to be carried out in the new register.
6. Publication of a notice in at least two newspapers of nationwide circulation inviting property owners to make applications for replacement of title documents from the closed registers.
7. Applications for replacement shall be in Form LRA 97.
8. Issuance of replacement of titles.

Role of clients in this process

• Each property owner is required to check the conversion list to see if their title number is included. 
• Each and every client who is aggrieved by the Gazette Notice’s published content has to file a complaint with the Land Registrar. This includes landowners in Nairobi County who seek to file a complaint with the Registrar for redress but whose information may or may not be included in the Notice.
• Both the RIMs and the survey plans are accessible to landowners on request for verification of boundary details at the Survey of Kenya Headquarters, Ruaraka.

 

Lodging a complaint

All clients aggrieved by the contents of the Gazette Notice as published are required to file a complaint with the Land Registrar.

The complainant will be required to complete forms LRA 96 set out in the Second Schedule to the Land Registration (Registration Units Order, 2017) or LRA 67 set out in the sixth schedule to the Land Registration (General) Regulations, 2017.

The application should be supported by the following documents:

1. Copy of title;
2. Copy of Identification Card and KRA PIN; and
3. Contact address and telephone number.

All complainants shall be recorded by the Registrar and assigned a case reference number to facilitate follow up.

Application of new titles

After the publication of the notice inviting property owners to make an application for replacement titles, the registered owners should make an application to the registrar in Form LRA 97 set out in the Second Schedule of the Land Registration (Registration Units Order, 2017) for replacement of the title issued from the closed registers.

The application shall be accompanied by:

1. Original title.
2. Certified copies of the owner’s identification documents.
3. Certified copies of certificate of registration/incorporation as well as copies of national identity cards/passports of the directors/officials (for companies)

Role of Surveyors in the process

Licensed surveyors can help clients determine whether the acreage provided in the conversion list is accurate or if there are any discrepancies.

Additionally, surveyors can help by reviewing the survey plans and the numbering of land parcels to find any discrepancies (if any).

Clients to note that the surveyor would only provide this special service at their own expense.

 

 

How we can assist

Manyarkiy & Manyarkiy Advocates has a fully-fledged conveyancing team that offers a vast range of legal services.

Our highly qualified and experienced personnel will assist with your matters subject to formal instruction on: 

• Offering legal advice on the conversion process;
• Assistance with inspection and interrogation of the gazette notices, liaising with appointed surveyors, the Lands Office and the banks (where there is a security over the title) advising on the process of obtaining the new title, lodging complaints to the Registrar in respect of the information contained in the conversion list and the cadastral maps;
• Lodging a caution pending the clarification or resolution of any complaint; and
• Assistance in making applications for replacement of title documents from the closed registers.

If you require any further information or clarification on the contents of this note, please contact

Leah Manyarkiy

lmanyarkiy@manyarkiyadvocates.co.ke

Sharon Manyarkiy

smanyarkiy@manyarkiyadvocates.co.ke