Property Law: 7 Ways to Get a Title deed

HOW TO GET A TITLE Deed
The Land Act, 2012 under Section 7 outlines seven ways one can use to acquire a title. They are as follows
1.Allocation: This is where public land is transferred by the government to individuals usually for a specified time and for a specific use with stated conditions. Allocation can bethrough a public auction, tender, drawing of lots or balloting or by confining allocation to a disadvantaged group. For land to be allocated, it must first be planned, surveyed and serviced
2.Land adjudication: This is when rights and interests to land are ascertained and recorded in areas of community land (formally known as the trust land areas).
3.Compulsory acquisition: This is the acquisition of land by the government for apublic purpose but subject tofair and prompt compensation. Publication of the intention to acquire is done through the Kenya Gazette and County Gazette.
4.Prescription: This is also known as adverse possession and occurs when one gains title to real property through occupation of land without opposition for 12 years. It involves a court process and the adverse possessor must prove that she actually occupied the land continuously without interruption for the above specified time
5.Settlement programmes: This is when the government provides access to land for squatters, persons displaced by natural courses like floods, development projects, conservation or internal conflicts by use of the Land Settlement Fund administered by the NationalLand Commission. Formerly it was known as Settlement Fund Trustees.
6.Transmissions: This is whenownership passes to another party whose powersover the land are restricted as in cases of death, bankruptcy and on liquidation of a company. In case of death, a personal representative will be registered as the proprietor of the land, for bankruptcy a trustee becomes the registered proprietor while a liquidator shall be registered as the proprietor in cases of liquidation of companies, all by order of the court.
7.Transfers: This is the transfer of rights to land through sale. A transfer is done after acquiring consent from the relevant County Land Management Boards in(all 47 counties). Stamp duty of 2 per cent of the value of the land is payable to the government in townships and rural areas while a duty of 4 per cent is charged on land in municipalities and cities. The transfer document with the original title are then booked for registration in favour of the buyer.


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