Home About Us Services Resource Center E-Bookshop FAQ’s Property Listings My Shamba Soko Blog Contact Us What is a Caution? The Land Registration Act, 2012 defines caution as a notice in the form of a register to theeffect that no action of a specified nature concerning the land in respect of which the noticehas been …
Title Conversion The term ‘Title Conversion’ simply means ’the process of migrating parcels of land from the repealed land registration statutes to a new uniform regime under the Land Registration Act of 2012 where new generational titles are issued. The Legal Framework governing the Land Title Conversion Process The statutory process of title conversion is …
What is Capital Gains Tax? Capital Gains Tax is a tax chargeable on the net gain which accrues to a company or an individual on or after 1st January, 2015 on the transfer of property situated in Kenya, whether or not the property was acquired before 1st January, 2015. Capital Gains Tax is not a …
Estate Agent Estate agents in Kenya are regulated by the Estate Agents Act. The Estate Agents Act is an Act of Parliament that provides for the registration of persons who, by way of business, negotiate for or otherwise act in relation to the selling, purchasing or letting of land and buildings erected thereon and the …
The land Registration defines an inhibition as an order made under section 70, or a prohibition. Power of the Court to Inhibit Registered Dealings Section 68 of the Land Registration Act, 2012 provides for the power of the court to inhibit registered dealings in land. The courts are empowered to make inhibition orders inhibiting for …
On the Completion Date, and subject to the performance by the Purchaser with regard to the Purchaser’s obligation to pay the Purchase Price, the Vendor is to give the Purchaser the following Completion Documents: Original Certificate of Title for the Property. Duly executed Transfer, in triplicate, of the Property in favour of the Purchaser. Original …
Actions to Recover Land An action may not be brought by any person to recover land after the end of twelve years from the date on which the right of action accrued to him or, if it first accrued to some person through whom he claims, to that person. Actions to Recover Rent An action …
Implied Covenants by the Chargor The Land Act, 2012 provides that the implied covenants in every charge instrument created by a chargor with a chargee bind the chargor— To pay the principal money on the day appointed in the charge agreement and to pay interest on any principal money or any part that remains unpaid …
COVENANTS, CONDITIONS, AND POWERS IMPLIED IN CHARGES Read More »
In considering whether to grant relief as applied for, a court is to have regard to whether the remedy that the chargee proposes to exercise is reasonably necessary to prevent any further reduction in the value of the charged land or to reverse any such reduction as has already occurred if the charged land consists …
POWER OF THE COURT IN RESPECT OF REMEDIES AND RELIEFS Read More »
The Land Act, 2012 defines a charge as any interest in land securing the payment of money or money’s worth or the fulfillment of any condition, and includes a sub charge and the instrument creating a charge, including an informal charge, mortgage or other charge;, which is a written and witnessed undertaking, the clear intention …