How do you replace a lost title deed in Kenya?

Below is a step-by-step guide to help you navigate the process:

1. Report the Loss

• Police Report: Report the loss of the title deed to the nearest police station. Obtain a police abstract, which serves as proof of the loss and will be required during the replacement process.

2. Prepare an Affidavit

• Draft an affidavit of loss, explaining how the title deed was lost, misplaced, or destroyed. This document must include:
  • Your full name.
  • Details of the lost title deed (e.g., title number and location of the land).
  • Circumstances surrounding the loss.
• The affidavit must be sworn before a commissioner for oaths or a notary public.

3. Conduct a Search at the Lands Registry

• Conduct an official search at the relevant Lands Registry to confirm ownership and obtain a copy of the record showing that you are the rightful owner. This will also confirm if the title deed has any encumbrances or liens. Encumbrances include cautions or charges placed upon it.

4. Publish a Notice in the Kenya Gazette

• Apply to the Lands Registrar for permission to publish a notice in the Kenya Gazette. The notice announces the loss of the title deed and informs the public of your intention to replace it.
• The notice typically provides a 60-day window for any objections. If no objections are raised within this period, the replacement process proceeds.

5. Apply for a Replacement Title Deed

• After the gazettement period expires without objections, submit a formal application for a replacement title deed to the Lands Registry. Include the following documents:
  • Police abstract.
  • Affidavit of loss.
  • Copy of the Kenya Gazette notice.
  • Search results from the Lands Registry.
  • Copy of your ID and KRA PIN certificate.
  • Two passport-sized photographs of yourself.
  • Any other documents requested by the Lands Registry.

6. Pay the Required Fees

• Pay the applicable fees for the replacement of the title deed. The fees vary depending on the type of land and the specific registry, but generally range between KES 5,000 and KES 10,000.

7. Issuance of the Replacement Title Deed

• Once all documents are verified, and there are no objections, the Lands Registrar will issue a new title deed in your name. The process typically takes a few weeks after the gazettement period ends.

Important Notes

• Fraud Prevention: Be cautious and ensure all documents are genuine to avoid fraud or disputes.
• Consult a Lawyer: If the land has disputes or multiple claimants, legal assistance is recommended.
• Encumbrances: If the land has loans or other encumbrances, these must be cleared or addressed during the process.
• Always involve the services of a qualified advocate at all times to avoid future disputes.
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