A Step by Step Guide
Losing your title deed can be worrying, especially if you intend to sell, transfer, charge or otherwise deal with your property.
The good news is that losing the original title deed does not mean that you lose ownership of the property. Kenyan law provides a procedure for obtaining a replacement where the original has been lost or destroyed.
What is the process?
The replacement process is governed mainly by section 33 of the Land Registration Act, 2012 and the Land Registration (General) Regulations, 2017.
1. Report the loss
The first step is to report the lost title deed to the police and obtain a police abstract.
The police abstract forms part of the supporting documents for the application.
2. Conduct a land search
An official search should be conducted to confirm that the person applying for replacement is the registered proprietor.
3. Make an application to the Land Registrar
The proprietor applies to the Land Registrar for replacement using Form LRA 12 – Application for Replacement Certificate of Title/Lease on Loss or Destruction of a Previous Title.
The application is supported by documents such as:
- Police abstract;
- Statutory declaration explaining the loss;
- Identification document or passport;
- KRA PIN certificate;
- Passport-size photographs; and
- Other documents that the Registrar may require.
4. Make a statutory declaration
The registered proprietor is required to make a statutory declaration explaining how the title deed was lost or destroyed.
The Registrar must be satisfied that the original certificate has in fact been lost or destroyed before proceeding with the replacement.
5. Public notice is issued
Once satisfied with the application, the Land Registrar publishes a notice of the intended replacement in the Kenya Gazette and two newspapers of nationwide circulation.
The purpose of the notice is to give anyone who may have an interest in the property an opportunity to raise an objection.
6. Wait for 60 days
There is a statutory 60-day waiting period following publication of the notice.
If no objection is raised and the Registrar is satisfied that the requirements have been met, the replacement certificate may then be issued.
7. Receive the replacement title
Once the process is completed, the Land Registrar issues the replacement certificate.
The replacement certificate becomes the operative title for purposes of dealings with the property. The old certificate can no longer be used for further dealings.
What if you find the original title later?
If the original title is found after a replacement has been issued, it should not be used to transact on the property.
It must be surrendered to the Land Registrar for cancellation.
What if someone else has your title?
A title that is being withheld by another person is not necessarily a lost title.
For example, the original title may be held by a bank, previous owner, advocate or another person involved in a transaction. In such circumstances, a different legal approach may be required rather than simply applying for replacement on the basis that the title is lost.
How We Can Help
At Wanjiru Nyaguthi & Company Advocates, we assist property owners with land registration and title-related matters.
We assist you with:
- Conducting official land searches;
- Advising on the replacement of lost title deeds;
- Preparing the necessary applications and statutory declarations;
- Liaising with the Land Registry;
- Assisting with Gazette and newspaper notice requirements; and
- Addressing any complications or objections arising during the process.
