CONVERSION OF TITLES ISSUED UNDER THE REPEALED LAND ACTS TO NEW TITLES UNDER THE LAND REGISTRATION ACT, 2012
Conversion entails the process of migrating all existing titles issued under repealed land laws to conform to the New Land Laws regime ushered in by the enactment of the Land Act, 2012 and the Land Registration Act, 2012.
The Titles issued under the old regime will be surrendered to the Government of Kenya and replaced with titles under the 2012 land law regime. The ownership of the properties, the parcel size and the interest conferred should not be affected by this conversion process.
Diagrammatic representation of the Conversion Process:-
The Cabinet Secretary establishes the Registration Units and Land Registries in respective Counties.
The Survey Department prepares Cadastral Maps together with a conversion list in respect of a Registration Unit indicating the new and old numbers of the parcels of land.
Upon lapse of the 90 days, the registered proprietor is required to apply for replacement of title on the Ardhisasa online platform and specify the Ardhisasa ID of the person to collect the new Title.
The Conversion List is sent to the Cabinet Secretary within Thirty days who causes the same to be published in the Kenya Gazette for Ninety (90) days statutory period.
Once the new Title has been processed, the Proprietor shall receive a notification in the platform and via text message to have the person whose Ardhisasa ID details were provided to collect the same.
The process for application for replacement of title is as follows:-
- The Applicant is required to Log in to the Ardhisasa portal using the link provided herein https://ardhisasa.lands.go.ke/home ;
- Click on the “services” tab;
- Then click on the Land Registration tab and the system will prompt “Replacement of Title issued from the Closed Register” tab;
- Click on New Application;
- The information and documents required to be filled in the aforementioned Application include:-
- Old parcel number;
- New parcel number;
- Type of ownership for instance sole proprietorship, joint ownership and proprietorship in common;
- Proprietor’s ardhisasa ID;
- If the Proprietor is deceased, Proprietor details and National Identity Card Number;
- Copy of Title and any other supporting documents.
- Once the above information is filled on the Application, the Applicant is required to specify the Ardhisasa ID of the person to collect the new Title; and
- The Applicant is further required to fill and complete the Law Firm details (being the Firm undertaking the above Conversion process) before submitting the Application for review.
What happens after submitting an application for replacement of title?
A ticket number is raised and the pick-up person is then expected to deliver the surrendered title for issuance of a new title. Once the title is surrendered, there is a waiting period for processing of the new title but the timeline is not ascertained. Once the new title is issued, the Proprietor is informed and the pick-up person (whose details were filled during the replacement process) will be required to visit the Land Registry to collect the same.
What happens to the validity of the title after the 90 day period?
The Title will still be valid, however, one has to replace the title to be able to transact with the Property.
What happens to transactions lodged before gazettement and pending registration?
Where a transaction is commenced before gazettement, the parties will be issued with the title bearing the former Land Reference number and the parties will thereafter apply for replacement of the title on the Ardhisasa Platform.
The 90 day statutory period will not affect the registration of the relevant documents. Once the processing of the transaction is complete the documents will be released to the parties to enable the application for replacement of title by the new property owner.
What happens if a Proprietor is aggrieved by the information on conversion list pursuant the Gazette Notice?
Any complaints relating to information in the conversion list or cadastral maps shall be lodged with the Registrar of Titles within ninety (90) days from the date of publication of the Gazette Notice. The Registrar is required to register a caution on the affected property pending the resolution of the complaint.
Conclusion
The process of conversion is a mandatory and a legally sanctioned exercise under the new land law regime. Once the Cabinet Secretary in charge of the Ministry of Lands and Physical Planning establishes a Registration Unit, all parcels within the said unit shall be converted and issued with new parcel numbers and subsequently new titles upon application and surrender of the old titles by the owners.
Despite the process of establishing the Registration Units having been commenced, there are still challenges being faced which include:-
- The system does not provide for a module wherein a title can be replaced by a Chargee exercising the power of sale;
- It is not clear what will happen to the titles held by the Chargee;
- It is not clear what will happen to long term Leases or sectional Titles issued once the Mother Title has been converted;
- It is our observation that some properties within a Registration Unit are yet to be converted and there is no communication on the criteria used to convert some properties to the exclusion of others or when the excluded properties shall be converted; and
- It is not clear what procedure or documents a property owner who has lost an original title document and whose land has been converted will present to the registry for replacement of a title.
We continue to engage the Lands Registry Officials on the challenges arising and shall update on future developments.
NB *This write up is meant for general information only and should not be relied upon without seeking specific legal advice