Replacement Titles Following Land Title Conversion

Introduction

The Ministry of Lands and Physical Planning published a list of titles within Nairobi County whose land reference numbers have been converted to new parcel numbers. Landowners of the listed titles can now apply for new titles on the Ardhi Sasa portal: https://ardhisasa.lands.go.ke.

How can we help?

• Landowners

This includes landowners of vacant land and also of developed properties which are exempt from the provisions of the Sectional Property Act (SPA) because the units either do not qualify as sectional units or the development is exempt because it is phased, mixed use or enjoys any of the exemptions under the Sectional Property Regulations, 2021.

We can assist you with the preparation and submission of the application and required documents and the necessary follow up with the Lands Registry.

• Management Companies (ManCos)

Where the reversionary interest is held by the ManCo and the development is exempt from the provisions of the SPA because the units either do not qualify as sectional units or the development is exempt because its phased, mixed use or enjoys any of the exemptions under the Sectional Property Regulations, 2021.

We can assist you with the preparation and submission of the application and required documents and the necessary follow up with the Lands Registry.

• Secured Lenders

For secured lenders holding the affected parcels of land as collateral, we can assist with liaising with the landowners for preparation of the applications for replacement of title, providing the necessary undertakings required for release of the original title, collecting copies of the landowner’s identification documents and reviewing the new titles to confirm that the interests of the financial institutions are registered in the new title and where necessary preparing replacement charges.

It is important to note that for developments that fall within the SPA, the long term leases will thereafter have to be converted to comply with the SPA. Our newsletter outlining this process is available here.

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DISCLAIMER:

This briefing is a highlight of legislative and policy changes and is intended to be of general use only. It is not intended to create an advocate-client relationship between the sender and the receiver. It does not constitute legal advice or a legal opinion. You should not act or rely on any information contained in this legal update without first seeking the advice of an advocate.