Process of Title Deed Conversion in Kenya

Under the Kenyan Law, all title deeds acquired under the repealed land laws are required to be replaced with new ones in compliance with the Land Registration Act, 2012. Title deed conversion is simply a process of migrating all parcels from the repealed land registration statutes to a unitary regime under the Land Registration Act, 2012.

The following are the steps for title deed conversion in Kenya:

1. Preparation of cadastral maps together with a conversion list by the Ministry of Lands

Title deed conversion starts with the with the preparation of cadastral maps which serve as a unified survey document together with a conversion list showing the old parcel numbers of land within a registration unit and their corresponding sizes. The conversion list shows new and old numbers for parcels of land within a registration unit or registration block and their acreages.

2. Publication of the cadastral maps together with a conversion list

After receipt of the cadastral maps and the conversion list from the registrar, the Cabinet Secretary in charge of the Ministry of Land and Physical Planning shall notify the Public through the Kenya Gazette and two daily newspapers of nationwide circulation of the list of old parcel numbers and new parcel numbers after conversion within 30 days of receipt. The Gazette notice shall specify the date after which the land registry shall be open to the public for transactions or dealings within the registration unit.

3. Lodgment and consideration of complaints

This is the third step in title deed conversion where any complaints relating to information in the conversion list or cadastral maps are filed within 90 days from the date of publication of the notice. The complaints are to be made in writing in Form LRA 96 set out in the Second Schedule to the Land Registration Order or Form LRA 67 set out in the Sixth Schedule to the Land Registration Regulations 2017 for the registration of a caution pending the clarification or resolution of any complaint. The complaints shall thereafter be resolved within 90 after receipt.

4. Owners make applications for replacement of titles

At this step, all registers maintained in any other registry previously dealing with the parcels within the registration unit shall be closed for any subsequent dealings and all transactions carried out in the new register. The registrar will then issue a notice inviting registered owners to make an application for replacement of title documents from the closed registers.  The application shall be accompanied by the original title and the owner’s identification documents.

5. Replacement of title documents from the old registers

It is the final step where the registry then replaces the title deeds with new ones and retains the old title documents for records and safe custody.

Any individual not contented by the Title deed conversion process has express right to file a complaint within 90 days from the date of the gazette notice.