Replacing a lost title deed is a time-consuming and stressful process. As a result, keeping the document in a safe and secure area is critical.
This is a step-by-step guide on how to replace a lost Kenyan title deed. A title deed is a crucial document that establishes a person’s entitlement to land or property ownership.
A step-by-step approach to replacing a misplaced title deed in Kenya can be found here.
1. Obtain a police abstract
Visit the nearest police station to make a report and obtain an abstract indicating that you have lost your title deed.
Alternatively, you can download the police abstract from the National Police Service website, print it and present it to the nearest police station for stamping.
2. Apply for a search of the lost title deed
This is done at the office of the Registrar of Lands and is particularly to ensure that the registry files indicate you are the legal owner of the land in question.
3. Swear an affidavit to confirm the loss of the title deed
You will be required to swear an affidavit explaining the circumstances under which your title deed got lost.
You will fill out an application form which will be attached with the police abstract and then presented to the Registrar of lands.
4. Place a caveat to protect your land or property from an illegal transaction.
This is aimed at preventing any illegal transactions with your lost title deed.
This can conveniently be done by seeking the help of a registered lawyer who will guide you accordingly.
5. Publishing of your name in the Kenya Gazette.
Once the registrar of lands is satisfied that you have lost your title deed, he/she will publish your name in the Kenya Gazette, giving a 60 days notice about the loss of your title deed.
You will be required to pay a prescribed fee to the government printer for your name to be published.
6. Confirmation of the whole process by the Registrar of lands.
The Registrar of lands will proceed to confirm whether the whole process was duly followed. This is after the end of 60 days. He/she will give approval for the issuance of a new title deed.
7. Issuance of the new title deed
The new title deed will be issued to the registered owner by the registrar of lands, once all the required entries have been made.
In case the lost title deed is found, it should be presented to the registrar of lands for cancellation.
