Act No: No. 3 of 2012
Act Title: LAND REGISTRATION
SUBSIDIARY LEGISLATION
Arrangement of Sections
DIVISION OF KENYA INTO REGISTRATION DISTRICTS UNDER SECTION 4
[Cap. 160 (1948), Sub. Leg.]

Kenya has been divided into two registration districts, as follows—

(a)

the Coast District, comprising the Coast Province;
(b)

the Inland District, comprising the rest of Kenya.

SCHEDULE

[Rule 3.]
[L.N. 164/1976, s. 2.]

PART II

SCHEDULE

[Rule 3.]
[L.N. 164/1976, s. 2, L.N. 66/1991, s. 2.]

PART II

SCHEDULE

[Rule 3, L.N. 164/1976, s. 2, L.N. 66/1991, s. 2, L.N. 124/2011.]

PART II

REGISTRATION OF TITLES (FEES) RULES, 2010
[L.N. 6/2010.]
1.

These Rules may be cited as the Registration of Titles (Fees) Rules, 2010.
2.

The Second Schedule to the Act is amended by deleting the fees prescribed therein and substituting therefore the following new fees—
3.

The fees prescribed in these Rules include the provision of photostatic copy prescribed by the Act.
4.

Government miscellaneous receipts shall be issued upon payment of the fees prescribed in these Rules.
5.

The Registration of Titles (Fees) Rules, 2008, are revoked.

GOVERNMENT LANDS (APPEALS) RULES

ARRANGEMENT OF RULES

1.

Citation.
2.

Lodging appeal.
3.

Notice to Principal Registrar.
4.

Notice of hearing.
5.

Certified copy of decision to go to Principal Registrar.

GOVERNMENT LANDS (APPEALS) RULES
[Cap. 155 (1948), Sub. Leg.]
1.
Citation

These Rules may be cited as the Government Lands (Appeals) Rules.
2.
Lodging appeal

An appeal from a decision or order of the Principal Registrar from which an appeal lies to the High Court may be lodged in the High Court in the same manner as an appeal from a subordinate court.
3.
Notice to Principal Registrar

On an appeal being lodged under rule 2 the Registrar of the Court shall give notice thereof to the Principal Registrar, who shall thereupon furnish the Court with a written statement of the reasons for his decision which is being appealed against; and the written statement shall be furnished in duplicate.
4.
Notice of hearing

Notice of the hearing shall be given to the appellant but it shall not be necessary to serve anyone with notice as respondent on the appeal.
5.
Certified copy of decision to go to Principal Registrar

A certified copy of the decision of the High Court shall be transmitted to the Principal Registrar by the Registrar of the Court free of charge.
GOVERNMENT LANDS (APPLICATIONS FOR LEASES AND LICENCES FOR SPECIAL PURPOSES) RULES
[Cap. 155 (1948), Sub. Leg.]

RULES UNDER SECTION 148

1.

These Rules may be cited as the Government Lands (Applications for Leases and Licences for Special Purposes) Rules.
2.

The form in the Schedule to these Rules shall be used in every application for a lease or licence for special purposes under Part V of the Act.
3.

A deposit of one hundred and fifty shillings shall accompany every application, which deposit shall be—

(a)

allocated towards the amount due in respect of the area if granted;
(b)

refunded to the applicant if the application is refused;
(c)

forfeited, as provided for by subsection (2) of section 35 of the Act, if a false statement is made.

SCHEDULE

[Rule 2.]

GOVERNMENT LANDS ACT

Application for Lease or Licence of Land Required for Special Purposes

GOVERNMENT LANDS (REGISTRATION) RULES
[Cap. 155 (1948), Sub. Leg., L.N. 346/1960.]
1.

These Rules may be cited as the Government Lands (Registration) Rules.
2.

(1) The Registrar shall refuse to register any assignment of a lease issued under the Act where the premium reserved by such lease is payable to the Government by instalments, unless and until the head lease thereof is produced duly endorsed by the Commissioner of Lands, as provided for in subsection (4) of section 24 of the Act.
(2)

The Registrar shall not take cognizance of an endorsement under paragraph (1) unless and until the same has been duly registered under the Act.
3.

Powers of attorney registrable under section 108 of the Act, and revocations of such powers, shall be registered in a special volume of the registry kept for the purpose.
GOVERNMENT LANDS (REGISTRATION OFFICES) RULES
[Cap. 155 (1948), Sub. Leg., L.N. 345/1960.]
1.

These Rules may be cited as the Government Lands (Registration Offices) Rules.
2.

There shall be established Government Lands Registration Offices at Nairobi and Mombasa.
3.

In the Nairobi office, there shall be registered all transactions relating to Government land outside the Coast Province.
4.

In the Mombasa office, there shall be registered all transactions relating to Government land in the Coast Province.
GOVERNMENT LANDS (ROAD RESERVES) RULES
[Cap. 155 (1948), Sub Leg.]
1.

These Rules may be cited as the Government Lands (Road Reserves) Rules.
2.

No Government land shall be let or sold outside the area of any township or station within a distance of 100 feet from the centre of any public road.
3.

No building, fencing or other obstacle shall be erected within a distance of 100 feet from the centre of any public road outside the area of any township or station.
GOVERNMENT LANDS (CONSENTS) (FEES) RULES
[Cap. 280, Sub. Leg., L.N. 168/1976, L.N. 211/1988, L.N. 305/1994, L.N. 111/2003, L.N. 10/2010.]
1.

These Rules may be cited as the Government Lands (Consents) (Fees) Rules.
GOVERNMENT LANDS (APPROVALS) RULES, 1994
[Cap. 280, Sub. Leg., L.N. 170/1976, L.N. 213/1988.]
1.

These Rules may be cited as the Government Lands (Approvals) Rules, 1994.
3.

Building plans shall be submitted in triplicate to the Local Authority showing the following particulars—

(a)

block plans showing the positions of the building and a system of drainage for disposing of sewage, surface and sullage water;
(b)

drainage, elevations and specifications of the buildings the grantee or grantees proposes or propose to erect;
(c)

the built-up area (or site coverage) in square metres or feet.
4.

No building plans shall be approved before the necessary fees are paid.
5.

After endorsing its approval on all copies of the plans the Local Authority shall pass the plans to the Commissioner of Lands who shall deal with them as follows—

(a)

on endorsing his approval on all copies the Commissioner of Lands shall retain one copy on the file and shall return to the Local Authority two copies;
(b)

the Local Authority may if it wishes retain one copy of the approved plan but shall return the third copy to the grantee.
6.
(1)

Every application for approval to subdivide land shall be made to the Commissioner of Lands and shall—

(a)

contain the applicant’s proposals for development of each portion created by the sub-division; and
(b)

be accompanied by suitable plans in quadruplicate on durable material showing the proposed sub-divisions together with roads of access to each and every sub-division.
(2)

Every such applicant shall furnish such further or other information or particulars as the Commissioner may require.
7.

No application for such approval shall be entertained unless the building conditions (if any) have been complied with.
8.

In no case shall annual rent reserved on any such portion be less than ten shillings nor the aggregate annual rent be less than that reserved in the original lease.
9.

No proposal for sub-division shall be approved before the necessary fees are paid.
10.

Any person who subdivides his land or causes it to be subdivided or commences the construction or building without the prior approval of the Commissioner of Lands shall be guilty of an offence and shall be liable to a fine not exceeding one thousand five hundred shillings or to imprisonment for a term not exceeding three months or both.
GOVERNMENT LANDS (APPROVALS) RULES, 1994
[Cap. 280, Sub. Leg., L.N. 170/1976, L.N. 213/1988, L.N. 308/1994.]
1.

These Rules may be cited as the Government Lands (Approvals) Rules, 1994.
3.

Building plans shall be submitted in triplicate to the Local Authority showing the following particulars—

(a)

block plans showing the positions of the building and a system of drainage for disposing of sewage, surface and sullage water;
(b)

drainage, elevations and specifications of the buildings the grantee or grantees proposes or propose to erect;
(c)

the built-up area (or site coverage) in square metres or feet.
4.

No building plans shall be approved before the necessary fees are paid.
5.

After endorsing its approval on all copies of the plans the Local Authority shall pass the plans to the Commissioner of Lands who shall deal with them as follows—

(a)

on endorsing his approval on all copies the Commissioner of Lands shall retain one copy on the file and shall return to the Local Authority two copies;
(b)

the Local Authority may if it wishes retain one copy of the approved plan but shall return the third copy to the grantee.
6.
(1)

Every application for approval to subdivide land shall be made to the Commissioner of Lands and shall—

(a)

contain the applicant’s proposals for development of each portion created by the sub-division; and
(b)

be accompanied by suitable plans in quadruplicate on durable material showing the proposed sub-divisions together with roads of access to each and every sub-division.
(2)

Every such applicant shall furnish such further or other information or particulars as the Commissioner may require.
7.

No application for such approval shall be entertained unless the building conditions (if any) have been complied with.
8.

In no case shall annual rent reserved on any such portion be less than ten shillings nor the aggregate annual rent be less than that reserved in the original lease.
9.

No proposal for sub-division shall be approved before the necessary fees are paid.
10.

Any person who subdivides his land or causes it to be subdivided or commences the construction or building without the prior approval of the Commissioner of Lands shall be guilty of an offence and shall be liable to a fine not exceeding one thousand five hundred shillings or to imprisonment for a term not exceeding three months or both.
GOVERNMENT LANDS (APPROVALS) RULES, 1994
[Cap. 280, Sub. Leg., L.N. 170/1976, L.N. 213/1988, L.N. 308/1994, L.N. 11/2010.]
1.

These Rules may be cited as the Government Lands (Approvals) Rules, 1994.
2.

The following fees will be paid for the approval given by the Commissioner of Lands in respect of subdivisions of lands, building plans, extensions of the terms of leases, allocation of plots, changes of user, extensions of user and such other matter requiring approval—
3.

Building plans shall be submitted in triplicate to the Local Authority showing the following particulars—

(a)

block plans showing the positions of the building and a system of drainage for disposing of sewage, surface and sullage water;
(b)

drainage, elevations and specifications of the buildings the grantee or grantees proposes or propose to erect;
(c)

the built-up area (or site coverage) in square metres or feet.
4.

No building plans shall be approved before the necessary fees are paid.
5.

After endorsing its approval on all copies of the plans the Local Authority shall pass the plans to the Commissioner of Lands who shall deal with them as follows—

(a)

on endorsing his approval on all copies the Commissioner of Lands shall retain one copy on the file and shall return to the Local Authority two copies;
(b)

the Local Authority may if it wishes retain one copy of the approved plan but shall return the third copy to the grantee.
6.

(1) Every application for approval to subdivide land shall be made to the Commissioner of Lands and shall—

(a)

contain the applicant’s proposals for development of each portion created by the sub-division; and
(b)

be accompanied by suitable plans in quadruplicate on durable material showing the proposed sub-divisions together with roads of access to each and every sub-division.
(2)

Every such applicant shall furnish such further or other information or particulars as the Commissioner may require.
7.

No application for such approval shall be entertained unless the building conditions (if any) have been complied with.
8.

In no case shall annual rent reserved on any such portion be less than ten shillings nor the aggregate annual rent be less than that reserved in the original lease.
9.

No proposal for sub-division shall be approved before the necessary fees are paid.
10.

Any person who subdivides his land or causes it to be subdivided or commences the construction or building without the prior approval of the Commissioner of Lands shall be guilty of an offence and shall be liable to a fine not exceeding one thousand five hundred shillings or to imprisonment for a term not exceeding three months or both.
GOVERNMENT LANDS (CHARGES FOR TEMPORARY OCCUPATION LICENCES) RULES
[Cap. 280, Sub. Leg., L.N. 171/1976.]
1.

These Rules may be cited as the Government Lands (Charges for Temporary Occupation Licences) Rules.
2.

A charge of fifty shillings shall be made for a temporary occupation licence.
3.

An applicant for a temporary occupation licence shall deposit with his application the amount of the charge prescribed by these Rules for the licence.
4.

All sums deposited in pursuance of these Rules shall be dealt with in the manner following—

(a)

if the application is refused, the sum deposited shall be refunded to the applicant;
(b)

if the applicant withdraws his application, or refuses or neglects to execute or accept the licence when called upon to do so, and in every other case not hereinbefore provided for, the sum deposited shall be forfeited.
GOVERNMENT LANDS (CONSENTS) RULES
[Cap. 155 (1948), Sub. Leg.]
1.

These Rules may be cited as the Government Lands (Consents) Rules.
2.

(1) In all cases where a Government lease contains an express covenant not to assign, sublet or otherwise part with the possession of the land or any part thereof without the consent of the President in writing, or where such lease is subject to the provisions of the Crown Lands Act, 1902 (No. 21 of 1902), and to the rules for the time being in force under that Act, the lessee shall not be required to obtain the consent of the President to the execution of a mortgage of the land or any part thereof the subject of the lease, but such consent must be obtained—

(a)

before a mortgagee is given or obtains possession of the land the subject of the mortgage, whether by foreclosure or otherwise; and
(b)

before the land the subject of the mortgage is sold pursuant to a power of sale, or by order of the Court.
(2)

In this rule, “mortgagee” includes any person, corporation or company from time to time deriving title under the original mortgage.
3.

In all leases of farms or town plots issued under the Crown Lands Act, 1902, the consent of the President to any assignment, transfer or sublease between parties of the same race is not required unless the assignment, transfer or sublease relates to a subdivision or re-subdivision in respect of which a separate title has not been granted by the Government:

Provided that an assignment or sublease to which the Government has been a party, or on which the Land Officer’s consent is endorsed, shall be deemed for the purpose of this notice to constitute a separate title as abovementioned.
LAND ARBITRATION TRIBUNAL RULES, 2003

ARRANGEMENT OF RULES

1.

Citation.
2.

Interpretation.
3.

Form and time for lodging an objection.
4.

Statement of facts of objector.
5.

Service of memorandum of objection.
6.

Statement of facts of Commissioner.
7.

Notice of place of hearing.
8.

Procedure at hearing of objection.
9.

Copies of documents admissible.
10.

Fees and costs.
11.

Powers of Tribunal.
12.

Enforcement.
13.

Rules.
14.

Stay of suit.

APPLICATION OF ACT UNDER SECTION 2
[Cap. 159 (1948), Sub. Leg.]
1.

The former district of Malindi.
2.

Mombasa Island.
3.

Tana River District.
4.

The area within the Coast Province the boundaries whereof, commencing at Mackenzie Point opposite Mombasa Fort, run thence in a northerly and then a north-westerly direction along the coast of the mainland bordering Port Tudor and up to what is known as the Jomvu Creek and along the course of the Kombeni River as far as the limits of the ten-mile zone; thence along the ten-mile zone to a point due west of Mwando Makonde, thence along the southern boundary of Mazrui Reserve Block No. 1 to the coast and southwards along the coast to Mackenzie Point, the point of commencement.
5.

The area of land within the Coast Province the boundaries whereof, commencing at the point where the Umba River crosses the Tanzania boundary, run thence in a straight line to Mazeras Station, thence to a point at which the Kombeni River cuts the ten-mile zone, thence following the southern boundary of the area defined in paragraph 4 above to Mackenzie Point, thence in a straight line to Ras Mwaka Senge, thence following the coast line of the mainland south to Tanzania, thence in a westerly direction along the Tanzania boundary to the point of commencement.
6.

The Island of Lamu.
7.

The Lamu Archipelago outside Lamu Island and to the remainder of the former Lamu District lying north of the boundary of the Sultanate of Witu.
8.

The Sultanate of Witu.

SCHEDULE

[Rule 2.]

LAND TITLES RULES
[Cap. 159 (1948).]
PART I – PRELIMINARY
1.

These Rules may be cited as the Land Titles Rules.
PART II – REGISTRATION OF JUDGMENT DECREES AND ORDERS OF A COURT
2.

(1) A copy of a judgment, decree or order of a court transmitted to a registrar by a court under section 61 of the Act, and a will, letters of administration or an order of a court presented for registration under paragraph (a) of subsection (1) of section 62 of the Act, shall not be copied into the register, but, on receipt of the prescribed fees, shall be filed in the office of the registrar in such manner as the Principal Registrar shall direct, and a note referring to the judgment, decree, order, will or letters of administration and to the book in which it is filed shall be entered by the registrar in the volume and folio of the register in which the holding affected is registered.

(2)

On the filing of any such document and on the entry being made in the register book, the document shall be deemed to be duly registered for the purposes of the Act.
(3)

The file of documents under rule 2 shall be open to inspection on the same terms and on payment of the same fees as may, from time to time, be prescribed for search in the register book.
4.

(1) The Court or person required to apply for the registration of a will or letters of administration or an order of a court under paragraph (a) of subsection (1) of section 62 of the Act, or to transmit a document as required by paragraph (b) of that subsection, shall transmit to the Registrar out of the moneys of the estate the fee prescribed for the registration of the will, letters of administration, order of the Court or document, as the case may be.

(2)

In the case of a will, letters of administration or order of a court, the prescribed fee shall be transmitted to the registrar as soon as moneys belonging to the estate and sufficient to pay the fee have been received by the executor, administrator, wasi or court, as the case may be.
(3)

In the case of a document transmitted in pursuance of paragraph (b) of subsection (1) of section 62 of the Act, the prescribed fee shall be sent to the registrar, together with the document.
PART III – ASCERTAINMENT OF VALUE OF PROPERTY
5.

(1) Whenever it is necessary that the value of any property shall be ascertained for the purpose of determining the fee to be paid in respect of a certificate of ownership to be granted under the Act, or for the purpose of determining the sum to be paid by an unsuccessful claimant under subsection (1) of section 33 of the Act, the value shall be determined by the Recorder of Titles, and, save as hereinafter provided, his determination shall be final and conclusive against the person to whom the certificate is to be granted, or against the claimant, as the case may be.

(2)

Any person entitled to a certificate of ownership and any person against whom an order has been made under subsection (1) of section 33 of the Act who may be dissatisfied with the determination of the Recorder of Titles may, within thirty days after the determination has been first notified to him, appeal to the High Court against the determination in the manner prescribed by subsection (2) of section 7 of the Act for appeals against a final judgment or order.
6.

Both for the purposes of the fee to be paid for a certificate of title and for the purposes of an order made against an unsuccessful claimant under subsection (1) of section 33 of the Act, the value of immovable property shall be deemed to be the market value of the property to be valued at the date of the valuation by the Recorder of Titles:

Provided that in determining the value of any land for the purpose of ascertaining the fee to be paid for a certificate of ownership the Recorder of Titles shall not take into consideration the value of any trees or crops or any buildings or other improvements on the land.
7.

For the purpose of determining the value of any immovable property for any purpose under the Act, it shall not be necessary for the Recorder of Titles to have before him any documentary or oral evidence as to the value of the property:

Provided that the Recorder of Titles shall, if so required by any person who would have the right to appeal against his determination, receive and record any evidence produced by or on behalf of that person as to the value of the property.
PART IV – APPEALS
8.

Every petition of appeal under the Act or any rules made thereunder shall be accompanied by the court fee prescribed by rules of court.
9.

The Recorder of Titles shall endorse the date of lodgment on every petition so lodged, and shall forward the record of the claim or other matters in reference to which the appeal arises, together with the appeal fee, to the Registrar of the High Court.
10.

In the event of an appellant wishing to appeal in forma pauperis, he may lodge with his petition of appeal a sworn statement as to means, and the Recorder of Titles shall attach to the record forwarded to the High Court his opinion thereon, and a judge of the High Court shall give directions as to the admission of the appeal in forma pauperis or otherwise.
11.

Every petition of appeal shall concisely set forth the grounds of appeal, and shall be accompanied by as many copies as are necessary for service on the Commissioner of Lands and on each party who has claimed ownership of or an interest in the land in dispute before the Recorder of Titles.
12.

The appearance of an appellant shall not be necessary for the hearing of an appeal, and if at the time of lodging his appeal he signifies his intention of not so appearing he may lodge with his petition of appeal arguments in support thereof together with a sufficient number of copies for service with the petition of appeal as required by rule 11.
13.

If the original petition is in a language other than English or if the appellant does not file a sufficient number of copies as required by rules 11 and 12, the Registrar of the High Court shall cause the translation and a sufficient number of copies of the translation or of the original petition or of the arguments in support thereof, as the case may be, to be made at the cost of the appellant.
14.

No person shall be entitled to be heard at the hearing of an appeal unless he is a person interested on whom notice has been served by the Recorder of Titles.
15.

(1) The Commissioner of Lands, on behalf of the Government, shall not be entitled to be heard on an appeal except where he is the appellant or where he has notified the appellant through the Registrar of the High Court that he intends to contest the appeal on behalf of the Government.

(2)

Notification shall be delivered to the Registrar of the High Court within fourteen days of the receipt of the copy of the petition of appeal by the Commissioner of Lands.
16.

No appeal shall be set down for hearing till after the time for filing appeals with regard to the claim or matter in respect of which the appeal has been filed has expired, and, where more than one appeal has been filed in relation to disputes arising out of the same claim or matter or affecting the same immovable property, the High Court may hear the appeals separately or consolidate them as may be deemed fit.
17.

The procedure at the hearing of an appeal shall, so far as may be, follow the existing procedure at the hearing by the High Court of an appeal from a subordinate court.
18.

In addition to any other power conferred on the High Court as a court of appeal, the High Court shall have power—

(a)

to dismiss an appeal;
(b)

to reverse a judgment or order on a preliminary point, and on reversal to remand a claim to the Recorder of Titles with directions to deal with it on its merit;
(c)

to settle issues and finally determine a claim notwithstanding that the judgment or order appealed against has proceeded wholly on some other grounds than that on which the High Court proceeds;
(d)

to call additional evidence or direct the Recorder of Titles to take additional evidence;
(e)

to direct that any witness who has appeared before the Recorder of Titles be recalled and that his evidence on any point be recorded verbatim;
(f)

to reverse or vary the judgment or order against which the appeal is made;
(g)

to order that a judgment or order of the Recorder of Titles be set aside and that a claim or claims be reheard;
(h)

to settle issues and remand them to the Recorder of Titles for a finding thereon;
(i)

to make such order as to costs in the High Court and in the Land Registration Court as may be just, but no costs shall be awarded for or against the Commissioner of Lands except in those cases in which he is entitled to be heard under rule 15.
19.

Costs shall be allowed and taxed according to the rules and practice under which costs are allowed and taxed on appeal from a subordinate court to the High Court.
PART V – DEMARCATION OF BOUNDARIES
20.

In this Part—

“dividing line” means a line cut or made in the course of and for the purposes of a survey of land under section 22 of the Act demarcating the boundary or boundaries, of the lands of adjoining landowners;

“occupier” includes the owner of unoccupied land, not being Government land.
21.

(1) Occupiers of land shall at all times maintain to the satisfaction of the Director of Surveys all dividing lines demarcating the boundary or boundaries of land occupied by them.

(2)

Dividing lines shall be maintained at the joint expense of the occupiers of the lands divided by those lines.
22.

The occupier of land may serve a notice on the occupier of the adjoining land requiring him to assist in doing any work which may be necessary to maintain the dividing line between those lands, and if the occupier refuses or neglects for the space of one month after the service of the notice to assist in doing the work the first-named occupier may do such work as may be necessary to maintain the dividing line and may demand and recover from the occupier his portion of the cost of the work.
23.

Whenever it appears to the Director of Surveys or to any officer of the Survey Department that any work should be done to maintain a dividing line, the Director of Surveys or other officer may serve a notice on any occupier of land divided from other land by that line, requiring the occupier to do such work as the Director of Surveys or other officer may consider necessary for the purpose of maintaining the line and as shall be specified in the notice and to complete it within such time as shall be specified in the notice.
24.

An occupier on whom a notice has been served who fails to comply with the requirements specified therein shall be guilty of an offence and be liable to a fine not exceeding six hundred shillings.
25.

(1) Whenever an occupier upon whom a notice has been served under rule 23 fails to comply with the requirements of the notice, the Director of Surveys may cause the work specified in the notice to be done, and may demand and recover from the person on whom the notice has been served the cost of the work.

(2)

Any proceedings for the recovery of costs under this Rule shall be taken in the name of the Director of Surveys.
26.

An occupier on whom a notice has been served under rule 23 may serve a notice on any person on whom he is authorised by rule 22 to serve a notice, requiring that person to assist in doing the work directed to be done, and, if that person refuses or neglects to assist in doing the work, the occupier may demand and recover from that person his portion of the cost of the work done by the occupier in compliance with the notice served upon him.
27.

(1) All boundary marks placed on any land for the purposes of section 22 of the Act shall be maintained and repaired at the joint or proportionate expense of the proprietor of the land and of the proprietors of land contiguous thereto.

(2)

Rules 22 to 26 inclusive shall apply mutatis mutandis to the maintenance and repair of boundary marks and to the rights, duties and remedies of proprietors of land and of the Survey Department in respect thereof.
28.

Any person in the service of the Survey Department may at any time enter upon any land for the purpose of inspecting any boundary mark or boundary line erected or made for the purposes of the Act.
PART VI – PROCEEDINGS RESPECTING LAND TO WHICH NO TITLE ESTABLISHED
29.

At any time after all the applications for certificates in any one district or subdistrict have been adjudicated, upon or when the time allowed for making such applications has expired the Recorder may give notice in the Gazette that the remaining lands not dealt with in that district or subdistrict are Government lands.
30.

After the hearing of any application for a certificate of ownership in respect of any lands to which no title is established, the Recorder may give notice in the same manner that the land comprised in the application is Government land.
31.

A notice under this Part shall not be irrevocable.
32.

At such time as may be deemed expedient, not being less than thirty days after the notices have been published by the Recorder, application may be made to the Land Registration Court by any Government officer thereto authorised for a certificate of ownership in favour of the Government in respect of those lands.
33.

A certificate of ownership under rule 32 shall be an indefeasible title.
LAND TITLES (FEES) (CUSTODY OF DOCUMENTS) RULES
[Cap. 159 (1948).]
1.

These Rules may be cited as the Land Titles (Fees) (Custody of Documents) Rules.
2.

These Rules shall apply to certificates relating to land situated on Mombasa Island only.
3.

A fee of two shillings per certificate per month or part of a month shall be charged for the custody by the Recorder of Titles of certificates of ownership which are ready for delivery on that date or thereafter:

Provided that the Recorder of Titles may remit the whole or any portion of the fee in cases where it is shown to his satisfaction that good and sufficient reason exists.
4.

The fee prescribed in rule 3 shall be in addition to, and not in substitution of, other fees payable on such certificates under the Act and any rules made thereunder.
LAND TITLES (FEES) (LAND REGISTRATION COURT) RULES
[Cap. 159 (1948), G.N. 859/1952, L.N. 21/1959.]
1.

These Rules may be cited as the Land Titles (Fees) (Land Registration Court) Rules.
2.

The fees specified in the Schedule shall be leviable by the Land Registration Court in respect of the several matters and proceedings mentioned therein.
3.

The Minister may authorise the Recorder of Titles to remit any fees in any particular case.

SCHEDULE

LAND TITLES (SURVEY FEES) RULES
[Cap. 282, Sub. Leg., L.N. 108/1965.]
1.

These Rules may be cited as the Land Titles (Survey Fees) Rules.
2.

Survey fees shall be charged in accordance with the Fifth Schedule to the Survey Regulations.
3.

In the case of destitute persons, the fees prescribed by these Rules may be remitted by the Minister on the recommendation of the Recorder of Titles.
4.

In the event of survey fees not being paid and in the event of a transfer of the property which is the subject of the certificate being made, the Government may charge a transfer fee up to the amount of the actual cost of the survey to the purchaser or transferee of the property.
5.

The Land Titles (Survey Fees) Rules are hereby revoked.

RULES UNDER SECTIONS 101 (3) AND 160

REGISTERED LAND (REGISTRATION OF MAXIMUM NUMBER OF PROPRIETORS) RULES, 1968
[Cap. 300, Sub. Leg., L.N. 184/1968.]
1.

These rules may be cited as the Registered Land (Registration of Maximum Number of Proprietors) Rules, 1968 and shall only apply only to those registration sections of Embu Land Registration District which are situated within the area of jurisdiction of the Embu County Council.
2.

Twenty or any lesser number of persons may be registered as the proprietors of any land, lease or charge where charge to the title to the land restricts its user to any purpose other than agriculture and, in the opinion of the Registrar, the instrument presented for registration will have the effect of vesting the land, lease or charge in such persons jointly as partnership property.
REGISTERED LAND RULES, 1963

ARRANGEMENT OF RULES

1.

Citation.
2.

Form of register.
3.

Forms of certificates.
4.

Other forms.
5.

Saving of forms under Cap. 283 and Cap. 281.
6.

Forms to be in English.
7.

Verification of instructions.
8.

Fees.
9.

Assessment of fees.
10.

Payment of fees.
11.

Registrar not to prepare instruments in certain cases.
12.

Deposit on account of fees.
12A.

Disputed boundary–minimum fee.
13.

Refund of fees.

SCHEDULES

FIRST SCHEDULE —

THE REGISTER
SECOND SCHEDULE —

FORMS
THIRD SCHEDULE —

FORMS
FOURTH SCHEDULE —

VERIFICATION OF INSTRUMENTS: PRESCRIBED OFFICERS AND OTHER PERSONS
FIFTH SCHEDULE —

FEES

REGISTERED LAND RULES, 1963
[Cap. 300, Sub. Leg., L.N. 605/1963, L.N. 174/1976, L.N. 70/1979, Act No. 1/1987, L.N. 267/1988.]
1.
Citation

These Rules may be cited as the Registered Land Rules, 1963.
2.
Form of register

A register shall be in one of the forms in the First Schedule to these Rules whichever is appropriate; the registration section and the parcel number shall together form the title number, and the parcel number entered in a register in respect of a lease shall contain—

(a)

where the lease is of a whole parcel, the parcel number;
(b)

where the lease is a sublease, a letter suffix unique to that sublease;
(c)

where the lease or sublease is of a portion of a parcel, a subdivisional number unique to that portion,

and letters and subdivisional numbers shall appear in the order in which the respective interests were created.
3.
Forms of certificates

A title deed and a certificate of lease shall be in the appropriate form in the Second Schedule to these Rules.
4.
Other forms

The forms in the Third Schedule to these Rules shall, subject to section 108 of the Act, be used in all matters to which they refer.
5.
Saving of forms under Cap. 283 and Cap. 281

Notwithstanding rules 2, 3 and 4 of these Rules, any register, certificate of freehold title or instrument which complies with the form prescribed under the Land Consolidation Act shall be deemed to comply with these Rules, and a grant for a term of years which was registered under the Registration of Titles Act shall, for the purposes of registration under this Act, be deemed to be a lease.
6.
Forms to be in English

All forms shall be clearly and legibly completed in the English language.
7.
Verification of instructions
(1)

In addition to the Registrar and the persons specified in section 110 of the Act, the public officers and other persons specified in the Fourth Schedule to these Rules may verify any instrument for the purposes of that section.
(2)

A certificate for the purpose of subsections (2) and (4) of section 110 of the Act shall be in the following form, which may be printed on, or otherwise incorporated in, any instrument present for registration—

and the Registrar or the public officer or other person certifying (if he has a seal or stamp of office) shall affix his seal or stamp of office to the certificate.
8.
Fees

The fees specified in the second column of the Fifth Schedule to these Rules shall be paid in respect of the matters specified in the first column of that Schedule:

Provided that—

(i)

no fee shall be payable for the preparation or registration of any instrument in respect of any dealing in favour of the President, the Government, the Permanent Secretary to the Treasury (Incorporated), the Central Land Board, the Settlement Fund Trustees or in a Region, or in respect of any application, notice or caution made, given or presented by or on behalf of any of those persons or, where they are required for official purposes, for a search by or for the issue of any copy to any public officer;
(ii)

where a parcel is identified by reference to more than one sheet of the registry map, the sheets required to identify that parcel shall, for the purposes of any fee, be deemed to be one sheet only.
9.
Assessment of fees

Where any fee is calculated ad valorem and no consideration is expressed in the instrument, the value for the purposes of assessment of stamp duty shall be the value on which the fee is calculated.
10.
Payment of fees
(1)

Except where an instrument has been prepared by the Registrar, every instrument presented for registration shall be accompanied by the prescribed form of application for registration, and the fee payable therefor shall be paid by means of adhesive revenue stamps affixed to that form in the place provided.
(2)

The Registrar shall cause to be impressed on all such forms and on all copies thereof a stamp recording the date of presentation in such manner (in the case of the original) as to cancel the stamps affixed in payment of fees, and such impression shall, in the absence of fraud, be conclusive evidence of the date of presentation and that the fees stated in the application to have been paid have been paid.
(3)

Unless the Registrar otherwise agrees, fees in all other cases shall be paid in cash.
11.
Registrar not to prepare instruments in certain cases
(1)

Except where one of the parities to a disposition is the President, the Government, the Permanent Secretary to the Treasury (Incorporated), the Central Land Board or the Settlement Fund Trustees, no instrument shall be prepared by the Registrar where the amount or value for the consideration exceeds thirty thousand shillings or where the amount or value of the annual rent or other annual payment reserved exceeds two thousand shillings or where the area of the land exceeds one hundred acres, and the Registrar may refuse to prepare an instrument in any case where he is of the opinion that the parties to the transaction should obtain the advice of an advocate.
(2)

Where an instrument is prepared by the Registrar, his responsibility is limited to the preparation of that instrument, and he shall not be concerned with, nor be in any way liable for, any other issue which may arise between the parties to any transaction.
12.
Deposit on account of fees

Where any fee payable for the services of the Registrar or of the Survey of Kenya cannot be assessed until the service required by an application has been completed, the Registrar may require the applicant to deposit with the Registrar such sum not exceeding the maximum amount of the prescribed fee as the Registrar may determine, and he may refuse to proceed with the application until such deposit has been made.
12A.
Disputed boundary–minimum fee

The minimum deposit for an application to the Registrar to indicate or determine a disputed boundary shall be four hundred shillings.
13.
Refund of fees

No fee shall be refunded except by order of the Chief Land Registrar.

FIRST SCHEDULE

[Rule 2.]

THE REGISTER

FIRST SCHEDULE—continued

FIRST SCHEDULE—continued

THE REGISTER

[To be printed on white paper]
[Front]

FIRST SCHEDULE—continued

SECOND SCHEDULE

[Section 3.]
[Act No. 1 of 1987, s. 3.]

TITLE DEED REPUBLIC OF KENYA

REGISTRATION OF LAND ACT

[Rule 3.]
[Front]

CERTIFICATE OF LEASE

THIRD SCHEDULE

[Rule 4.]

MUTATION FORM

[page 2]

SKETCH

THIRD SCHEDULE, FORM R.L. 29—continued

[page 3]

SKETCH

[page 4]

FOURTH SCHEDULE

[Rule 7.]

VERIFICATION OF INSTRUMENTS: PRESCRIBED OFFICERS AND OTHER PERSONS
1.

Instruments executed in Kenya—

A judge or Magistrate.

The Registrar and the Deputy Registrar of the High Court.

The Registrar-General, the Deputy Registrar-General and any Assistant Registrar-General.

An administrative officer.

A Superintendent of Prisons.

An advocate.

A bank official.
2.

Instruments executed in a foreign country—

A notary public.

FIFTH SCHEDULE

[L.N. 174/1976, s. 2.]

FEES

REGISTERED LAND RULES, 1963
[Cap. 300, Sub. Leg., L.N. 605/1963, L.N. 174/1976, L.N. 70/1979, Act No. 1/1987, L.N. 267/1988, L.N. 97/1991.]
1.
Citation

These Rules may be cited as the Registered Land Rules, 1963.
2.
Form of register

A register shall be in one of the forms in the First Schedule to these Rules whichever is appropriate; the registration section and the parcel number shall together form the title number, and the parcel number entered in a register in respect of a lease shall contain—

(a)

where the lease is of a whole parcel, the parcel number;
(b)

where the lease is a sublease, a letter suffix unique to that sublease;
(c)

where the lease or sublease is of a portion of a parcel, a subdivisional number unique to that portion,

and letters and subdivisional numbers shall appear in the order in which the respective interests were created.
3.
Forms of certificates

A title deed and a certificate of lease shall be in the appropriate form in the Second Schedule to these Rules.
4.
Other forms

The forms in the Third Schedule to these Rules shall, subject to section 108 of the Act, be used in all matters to which they refer.
5.
Saving of forms under Cap. 283 and Cap. 281

Notwithstanding rules 2, 3 and 4 of these Rules, any register, certificate of freehold title or instrument which complies with the form prescribed under the Land Consolidation Act shall be deemed to comply with these Rules, and a grant for a term of years which was registered under the Registration of Titles Act shall, for the purposes of registration under this Act, be deemed to be a lease.
6.
Forms to be in English

All forms shall be clearly and legibly completed in the English language.
7.
Verification of instructions
(1)

In addition to the Registrar and the persons specified in section 110 of the Act, the public officers and other persons specified in the Fourth Schedule to these Rules may verify any instrument for the purposes of that section.
(2)

A certificate for the purpose of subsections (2) and (4) of section 110 of the Act shall be in the following form, which may be printed on, or otherwise incorporated in, any instrument present for registration—

and the Registrar or the public officer or other person certifying (if he has a seal or stamp of office) shall affix his seal or stamp of office to the certificate.
8.
Fees

The fees specified in the second column of the Fifth Schedule to these Rules shall be paid in respect of the matters specified in the first column of that Schedule:

Provided that—

(i)

no fee shall be payable for the preparation or registration of any instrument in respect of any dealing in favour of the President, the Government, the Permanent Secretary to the Treasury (Incorporated), the Central Land Board, the Settlement Fund Trustees or in a Region, or in respect of any application, notice or caution made, given or presented by or on behalf of any of those persons or, where they are required for official purposes, for a search by or for the issue of any copy to any public officer;
(ii)

where a parcel is identified by reference to more than one sheet of the registry map, the sheets required to identify that parcel shall, for the purposes of any fee, be deemed to be one sheet only.
9.
Assessment of fees

Where any fee is calculated ad valorem and no consideration is expressed in the instrument, the value for the purposes of assessment of stamp duty shall be the value on which the fee is calculated.
10.
Payment of fees
(1)

Except where an instrument has been prepared by the Registrar, every instrument presented for registration shall be accompanied by the prescribed form of application for registration, and the fee payable therefor shall be paid by means of adhesive revenue stamps affixed to that form in the place provided.
(2)

The Registrar shall cause to be impressed on all such forms and on all copies thereof a stamp recording the date of presentation in such manner (in the case of the original) as to cancel the stamps affixed in payment of fees, and such impression shall, in the absence of fraud, be conclusive evidence of the date of presentation and that the fees stated in the application to have been paid have been paid.
(3)

Unless the Registrar otherwise agrees, fees in all other cases shall be paid in cash.
(4)

A restriction under section 136 to secure the payment of additional stamp duty shall be in Form RL 30 in the Third Schedule.
11.
Registrar not to prepare instruments in certain cases
(1)

Except where one of the parities to a disposition is the President, the Government, the Permanent Secretary to the Treasury (Incorporated), the Central Land Board or the Settlement Fund Trustees, no instrument shall be prepared by the Registrar where the amount or value for the consideration exceeds thirty thousand shillings or where the amount or value of the annual rent or other annual payment reserved exceeds two thousand shillings or where the area of the land exceeds one hundred acres, and the Registrar may refuse to prepare an instrument in any case where he is of the opinion that the parties to the transaction should obtain the advice of an advocate.
(2)

Where an instrument is prepared by the Registrar, his responsibility is limited to the preparation of that instrument, and he shall not be concerned with, nor be in any way liable for, any other issue which may arise between the parties to any transaction.
12.
Deposit on account of fees

Where any fee payable for the services of the Registrar or of the Survey of Kenya cannot be assessed until the service required by an application has been completed, the Registrar may require the applicant to deposit with the Registrar such sum not exceeding the maximum amount of the prescribed fee as the Registrar may determine, and he may refuse to proceed with the application until such deposit has been made.
12A.
Disputed boundary–minimum fee

The minimum deposit for an application to the Registrar to indicate or determine a disputed boundary shall be four hundred shillings.
13.
Refund of fees

No fee shall be refunded except by order of the Chief Land Registrar.

FIRST SCHEDULE

[Rule 2.]

THE REGISTER

FIRST SCHEDULE—continued

FIRST SCHEDULE—continued

THE REGISTER

[To be printed on white paper]
[Front]

FIRST SCHEDULE—continued

SECOND SCHEDULE

[Section 3.]
[Act No. 1 of 1987, s. 3.]

TITLE DEED REPUBLIC OF KENYA

REGISTRATION OF LAND ACT

[Rule 3.]
[Front]

CERTIFICATE OF LEASE

THIRD SCHEDULE

[Rule 4, L.N. 97/1991 .]

MUTATION FORM

[page 2]

SKETCH

THIRD SCHEDULE, FORM R.L. 29—continued

[page 3]

SKETCH

[page 4]

FOURTH SCHEDULE

[Rule 7.]

VERIFICATION OF INSTRUMENTS: PRESCRIBED OFFICERS AND OTHER PERSONS
1.

Instruments executed in Kenya—

A judge or Magistrate.

The Registrar and the Deputy Registrar of the High Court.

The Registrar-General, the Deputy Registrar-General and any Assistant Registrar-General.

An administrative officer.

A Superintendent of Prisons.

An advocate.

A bank official.
2.

Instruments executed in a foreign country—

A notary public.

FIFTH SCHEDULE

[L.N. 174/1976, s. 2.]

FEES

REGISTERED LAND RULES, 1963
[Cap. 300, Sub. Leg., L.N. 605/1963, L.N. 174/1976, L.N. 70/1979, Act No. 1/1987, L.N. 267/1988, L.N. 97/1991, L.N. 296/1994.]
1.
Citation

These Rules may be cited as the Registered Land Rules, 1963.
2.
Form of register

A register shall be in one of the forms in the First Schedule to these Rules whichever is appropriate; the registration section and the parcel number shall together form the title number, and the parcel number entered in a register in respect of a lease shall contain—

(a)

where the lease is of a whole parcel, the parcel number;
(b)

where the lease is a sublease, a letter suffix unique to that sublease;
(c)

where the lease or sublease is of a portion of a parcel, a subdivisional number unique to that portion,

and letters and subdivisional numbers shall appear in the order in which the respective interests were created.
3.
Forms of certificates

A title deed and a certificate of lease shall be in the appropriate form in the Second Schedule to these Rules.
4.
Other forms

The forms in the Third Schedule to these Rules shall, subject to section 108 of the Act, be used in all matters to which they refer.
5.
Saving of forms under Cap. 283 and Cap. 281

Notwithstanding rules 2, 3 and 4 of these Rules, any register, certificate of freehold title or instrument which complies with the form prescribed under the Land Consolidation Act shall be deemed to comply with these Rules, and a grant for a term of years which was registered under the Registration of Titles Act shall, for the purposes of registration under this Act, be deemed to be a lease.
6.
Forms to be in English

All forms shall be clearly and legibly completed in the English language.
7.
Verification of instructions
(1)

In addition to the Registrar and the persons specified in section 110 of the Act, the public officers and other persons specified in the Fourth Schedule to these Rules may verify any instrument for the purposes of that section.
(2)

A certificate for the purpose of subsections (2) and (4) of section 110 of the Act shall be in the following form, which may be printed on, or otherwise incorporated in, any instrument present for registration—

and the Registrar or the public officer or other person certifying (if he has a seal or stamp of office) shall affix his seal or stamp of office to the certificate.
8.
Fees

The fees specified in the second column of the Fifth Schedule to these Rules shall be paid in respect of the matters specified in the first column of that Schedule:

Provided that—

(i)

no fee shall be payable for the preparation or registration of any instrument in respect of any dealing in favour of the President, the Government, the Permanent Secretary to the Treasury (Incorporated), the Central Land Board, the Settlement Fund Trustees or in a Region, or in respect of any application, notice or caution made, given or presented by or on behalf of any of those persons or, where they are required for official purposes, for a search by or for the issue of any copy to any public officer;
(ii)

where a parcel is identified by reference to more than one sheet of the registry map, the sheets required to identify that parcel shall, for the purposes of any fee, be deemed to be one sheet only.
9.
Assessment of fees

Where any fee is calculated ad valorem and no consideration is expressed in the instrument, the value for the purposes of assessment of stamp duty shall be the value on which the fee is calculated.
10.
Payment of fees
(1)

Except where an instrument has been prepared by the Registrar, every instrument presented for registration shall be accompanied by the prescribed form of application for registration, and the fee payable therefor shall be paid by means of adhesive revenue stamps affixed to that form in the place provided.
(2)

The Registrar shall cause to be impressed on all such forms and on all copies thereof a stamp recording the date of presentation in such manner (in the case of the original) as to cancel the stamps affixed in payment of fees, and such impression shall, in the absence of fraud, be conclusive evidence of the date of presentation and that the fees stated in the application to have been paid have been paid.
(3)

Unless the Registrar otherwise agrees, fees in all other cases shall be paid in cash.
(4)

A restriction under section 136 to secure the payment of additional stamp duty shall be in Form RL 30 in the Third Schedule.
11.
Registrar not to prepare instruments in certain cases
(1)

Except where one of the parities to a disposition is the President, the Government, the Permanent Secretary to the Treasury (Incorporated), the Central Land Board or the Settlement Fund Trustees, no instrument shall be prepared by the Registrar where the amount or value for the consideration exceeds thirty thousand shillings or where the amount or value of the annual rent or other annual payment reserved exceeds two thousand shillings or where the area of the land exceeds one hundred acres, and the Registrar may refuse to prepare an instrument in any case where he is of the opinion that the parties to the transaction should obtain the advice of an advocate.
(2)

Where an instrument is prepared by the Registrar, his responsibility is limited to the preparation of that instrument, and he shall not be concerned with, nor be in any way liable for, any other issue which may arise between the parties to any transaction.
12.
Deposit on account of fees

Where any fee payable for the services of the Registrar or of the Survey of Kenya cannot be assessed until the service required by an application has been completed, the Registrar may require the applicant to deposit with the Registrar such sum not exceeding the maximum amount of the prescribed fee as the Registrar may determine, and he may refuse to proceed with the application until such deposit has been made.
12A.
Disputed boundary–minimum fee

The minimum deposit for an application to the Registrar to indicate or determine a disputed boundary shall be four hundred shillings.
13.
Refund of fees

No fee shall be refunded except by order of the Chief Land Registrar.

FIRST SCHEDULE

[Rule 2.]

THE REGISTER

FIRST SCHEDULE—continued

FIRST SCHEDULE—continued

THE REGISTER

[To be printed on white paper]
[Front]

FIRST SCHEDULE—continued

SECOND SCHEDULE

[Section 3.]
[Act No. 1 of 1987, s. 3.]

TITLE DEED REPUBLIC OF KENYA

REGISTRATION OF LAND ACT

[Rule 3.]
[Front]

CERTIFICATE OF LEASE

THIRD SCHEDULE

[Rule 4, L.N. 97/1991 .]

MUTATION FORM

[page 2]

SKETCH

THIRD SCHEDULE, FORM R.L. 29—continued

[page 3]

SKETCH

[page 4]

FOURTH SCHEDULE

[Rule 7.]

VERIFICATION OF INSTRUMENTS: PRESCRIBED OFFICERS AND OTHER PERSONS
1.

Instruments executed in Kenya—

A judge or Magistrate.

The Registrar and the Deputy Registrar of the High Court.

The Registrar-General, the Deputy Registrar-General and any Assistant Registrar-General.

An administrative officer.

A Superintendent of Prisons.

An advocate.

A bank official.
2.

Instruments executed in a foreign country—

A notary public.

FIFTH SCHEDULE

[L.N. 174/1976, s. 2, L.N. 296/1994.]

FEES

REGISTERED LAND RULES, 1963
[Cap. 300, Sub. Leg., L.N. 605/1963, L.N. 174/1976, L.N. 70/1979, Act No. 1/1987, L.N. 267/1988, L.N. 97/1991, L.N. 296/1994, L.N. 146/2005, L.N. 147/2005, L.N. 148/2005, L.N. 149/2005, L.N. 150/2005, L.N. 151/2005, L.N. 152/2005.]
1.
Citation

These Rules may be cited as the Registered Land Rules, 1963.
2.
Form of register

A register shall be in one of the forms in the First Schedule to these Rules whichever is appropriate; the registration section and the parcel number shall together form the title number, and the parcel number entered in a register in respect of a lease shall contain—

(a)

where the lease is of a whole parcel, the parcel number;
(b)

where the lease is a sublease, a letter suffix unique to that sublease;
(c)

where the lease or sublease is of a portion of a parcel, a subdivisional number unique to that portion,

and letters and subdivisional numbers shall appear in the order in which the respective interests were created.
3.
Forms of certificates

A title deed and a certificate of lease shall be in the appropriate form in the Second Schedule to these Rules.
4.
Other forms

The forms in the Third Schedule to these Rules shall, subject to section 108 of the Act, be used in all matters to which they refer.
5.
Saving of forms under Cap. 283 and Cap. 281

Notwithstanding rules 2, 3 and 4 of these Rules, any register, certificate of freehold title or instrument which complies with the form prescribed under the Land Consolidation Act shall be deemed to comply with these Rules, and a grant for a term of years which was registered under the Registration of Titles Act shall, for the purposes of registration under this Act, be deemed to be a lease.
6.
Forms to be in English

All forms shall be clearly and legibly completed in the English language.
7.
Verification of instructions
(1)

In addition to the Registrar and the persons specified in section 110 of the Act, the public officers and other persons specified in the Fourth Schedule to these Rules may verify any instrument for the purposes of that section.
(2)

A certificate for the purpose of subsections (2) and (4) of section 110 of the Act shall be in the following form, which may be printed on, or otherwise incorporated in, any instrument present for registration—

and the Registrar or the public officer or other person certifying (if he has a seal or stamp of office) shall affix his seal or stamp of office to the certificate.
8.
Fees

The fees specified in the second column of the Fifth Schedule to these Rules shall be paid in respect of the matters specified in the first column of that Schedule:

Provided that—

(i)

no fee shall be payable for the preparation or registration of any instrument in respect of any dealing in favour of the President, the Government, the Permanent Secretary to the Treasury (Incorporated), the Central Land Board, the Settlement Fund Trustees or in a Region, or in respect of any application, notice or caution made, given or presented by or on behalf of any of those persons or, where they are required for official purposes, for a search by or for the issue of any copy to any public officer;
(ii)

where a parcel is identified by reference to more than one sheet of the registry map, the sheets required to identify that parcel shall, for the purposes of any fee, be deemed to be one sheet only.
9.
Assessment of fees

Where any fee is calculated ad valorem and no consideration is expressed in the instrument, the value for the purposes of assessment of stamp duty shall be the value on which the fee is calculated.
10.
Payment of fees
(1)

Except where an instrument has been prepared by the Registrar, every instrument presented for registration shall be accompanied by the prescribed form of application for registration, and the fee payable therefor shall be paid by means of adhesive revenue stamps affixed to that form in the place provided.
(2)

The Registrar shall cause to be impressed on all such forms and on all copies thereof a stamp recording the date of presentation in such manner (in the case of the original) as to cancel the stamps affixed in payment of fees, and such impression shall, in the absence of fraud, be conclusive evidence of the date of presentation and that the fees stated in the application to have been paid have been paid.
(3)

Unless the Registrar otherwise agrees, fees in all other cases shall be paid in cash.
(4)

A restriction under section 136 to secure the payment of additional stamp duty shall be in Form RL 30 in the Third Schedule.
11.
Registrar not to prepare instruments in certain cases
(1)

Except where one of the parities to a disposition is the President, the Government, the Permanent Secretary to the Treasury (Incorporated), the Central Land Board or the Settlement Fund Trustees, no instrument shall be prepared by the Registrar where the amount or value for the consideration exceeds thirty thousand shillings or where the amount or value of the annual rent or other annual payment reserved exceeds two thousand shillings or where the area of the land exceeds one hundred acres, and the Registrar may refuse to prepare an instrument in any case where he is of the opinion that the parties to the transaction should obtain the advice of an advocate.
(2)

Where an instrument is prepared by the Registrar, his responsibility is limited to the preparation of that instrument, and he shall not be concerned with, nor be in any way liable for, any other issue which may arise between the parties to any transaction.
12.
Deposit on account of fees

Where any fee payable for the services of the Registrar or of the Survey of Kenya cannot be assessed until the service required by an application has been completed, the Registrar may require the applicant to deposit with the Registrar such sum not exceeding the maximum amount of the prescribed fee as the Registrar may determine, and he may refuse to proceed with the application until such deposit has been made.
12A.
Disputed boundary–minimum fee

The minimum deposit for an application to the Registrar to indicate or determine a disputed boundary shall be four hundred shillings.
13.
Refund of fees

No fee shall be refunded except by order of the Chief Land Registrar.

FIRST SCHEDULE

[Rule 2.]

THE REGISTER

FIRST SCHEDULE—continued

FIRST SCHEDULE—continued

THE REGISTER

[To be printed on white paper]
[Front]

FIRST SCHEDULE—continued

SECOND SCHEDULE

[Section 3.]
[Act No. 1 of 1987, s. 3.]

TITLE DEED REPUBLIC OF KENYA

REGISTRATION OF LAND ACT

[Rule 3.]
[Front]

CERTIFICATE OF LEASE

THIRD SCHEDULE

[Rule 4, L.N. 97/1991,L.N. 146/2005, s. 2, L.N. 147/2005, L.N. 148/2005, L.N. 149/2005, L.N. 150/2005, L.N. 151/2005, L.N. 152/2005.]

MUTATION FORM

[page 2]

SKETCH

THIRD SCHEDULE, FORM R.L. 29—continued

[page 3]

SKETCH

[page 4]

FOURTH SCHEDULE

[Rule 7.]

VERIFICATION OF INSTRUMENTS: PRESCRIBED OFFICERS AND OTHER PERSONS
1.

Instruments executed in Kenya—

A judge or Magistrate.

The Registrar and the Deputy Registrar of the High Court.

The Registrar-General, the Deputy Registrar-General and any Assistant Registrar-General.

An administrative officer.

A Superintendent of Prisons.

An advocate.

A bank official.
2.

Instruments executed in a foreign country—

A notary public.

FIFTH SCHEDULE

[L.N. 174/1976, s. 2, L.N. 296/1994.]

FEES

REGISTERED LAND RULES, 1963
[Cap. 300, Sub. Leg., L.N. 605/1963, L.N. 174/1976, L.N. 70/1979, Act No. 1/1987, L.N. 267/1988, L.N. 97/1991, L.N. 296/1994, L.N. 146/2005, L.N. 147/2005, L.N. 148/2005, L.N. 149/2005, L.N. 150/2005, L.N. 151/2005, L.N. 152/2005, L.N. 55/2008.]
1.
Citation

These Rules may be cited as the Registered Land Rules, 1963.
2.
Form of register

A register shall be in one of the forms in the First Schedule to these Rules whichever is appropriate; the registration section and the parcel number shall together form the title number, and the parcel number entered in a register in respect of a lease shall contain—

(a)

where the lease is of a whole parcel, the parcel number;
(b)

where the lease is a sublease, a letter suffix unique to that sublease;
(c)

where the lease or sublease is of a portion of a parcel, a subdivisional number unique to that portion,

and letters and subdivisional numbers shall appear in the order in which the respective interests were created.
3.
Forms of certificates

A title deed and a certificate of lease shall be in the appropriate form in the Second Schedule to these Rules.
4.
Other forms

The forms in the Third Schedule to these Rules shall, subject to section 108 of the Act, be used in all matters to which they refer.
5.
Saving of forms under Cap. 283 and Cap. 281

Notwithstanding rules 2, 3 and 4 of these Rules, any register, certificate of freehold title or instrument which complies with the form prescribed under the Land Consolidation Act shall be deemed to comply with these Rules, and a grant for a term of years which was registered under the Registration of Titles Act shall, for the purposes of registration under this Act, be deemed to be a lease.
6.
Forms to be in English

All forms shall be clearly and legibly completed in the English language.
7.
Verification of instructions
(1)

In addition to the Registrar and the persons specified in section 110 of the Act, the public officers and other persons specified in the Fourth Schedule to these Rules may verify any instrument for the purposes of that section.
(2)

A certificate for the purpose of subsections (2) and (4) of section 110 of the Act shall be in the following form, which may be printed on, or otherwise incorporated in, any instrument present for registration—

and the Registrar or the public officer or other person certifying (if he has a seal or stamp of office) shall affix his seal or stamp of office to the certificate.
8.
Fees

The fees specified in the second column of the Fifth Schedule to these Rules shall be paid in respect of the matters specified in the first column of that Schedule:

Provided that—

(i)

no fee shall be payable for the preparation or registration of any instrument in respect of any dealing in favour of the President, the Government, the Permanent Secretary to the Treasury (Incorporated), the Central Land Board, the Settlement Fund Trustees or in a Region, or in respect of any application, notice or caution made, given or presented by or on behalf of any of those persons or, where they are required for official purposes, for a search by or for the issue of any copy to any public officer;
(ii)

where a parcel is identified by reference to more than one sheet of the registry map, the sheets required to identify that parcel shall, for the purposes of any fee, be deemed to be one sheet only.
9.
Assessment of fees

Where any fee is calculated ad valorem and no consideration is expressed in the instrument, the value for the purposes of assessment of stamp duty shall be the value on which the fee is calculated.
10.
Payment of fees
(1)

Except where an instrument has been prepared by the Registrar, every instrument presented for registration shall be accompanied by the prescribed form of application for registration, and the fee payable therefor shall be paid by means of adhesive revenue stamps affixed to that form in the place provided.
(2)

The Registrar shall cause to be impressed on all such forms and on all copies thereof a stamp recording the date of presentation in such manner (in the case of the original) as to cancel the stamps affixed in payment of fees, and such impression shall, in the absence of fraud, be conclusive evidence of the date of presentation and that the fees stated in the application to have been paid have been paid.
(3)

Unless the Registrar otherwise agrees, fees in all other cases shall be paid in cash.
(4)

A restriction under section 136 to secure the payment of additional stamp duty shall be in Form RL 30 in the Third Schedule.
11.
Registrar not to prepare instruments in certain cases
(1)

Except where one of the parities to a disposition is the President, the Government, the Permanent Secretary to the Treasury (Incorporated), the Central Land Board or the Settlement Fund Trustees, no instrument shall be prepared by the Registrar where the amount or value for the consideration exceeds thirty thousand shillings or where the amount or value of the annual rent or other annual payment reserved exceeds two thousand shillings or where the area of the land exceeds one hundred acres, and the Registrar may refuse to prepare an instrument in any case where he is of the opinion that the parties to the transaction should obtain the advice of an advocate.
(2)

Where an instrument is prepared by the Registrar, his responsibility is limited to the preparation of that instrument, and he shall not be concerned with, nor be in any way liable for, any other issue which may arise between the parties to any transaction.
12.
Deposit on account of fees

Where any fee payable for the services of the Registrar or of the Survey of Kenya cannot be assessed until the service required by an application has been completed, the Registrar may require the applicant to deposit with the Registrar such sum not exceeding the maximum amount of the prescribed fee as the Registrar may determine, and he may refuse to proceed with the application until such deposit has been made.
12A.
Disputed boundary–minimum fee

The minimum deposit for an application to the Registrar to indicate or determine a disputed boundary shall be four hundred shillings.
13.
Refund of fees

No fee shall be refunded except by order of the Chief Land Registrar.

FIRST SCHEDULE

[Rule 2.]

THE REGISTER

FIRST SCHEDULE—continued

FIRST SCHEDULE—continued

THE REGISTER

[To be printed on white paper]
[Front]

FIRST SCHEDULE—continued

SECOND SCHEDULE

[Section 3.]
[Act No. 1 of 1987, s. 3.]

TITLE DEED REPUBLIC OF KENYA

REGISTRATION OF LAND ACT

[Rule 3.]
[Front]

CERTIFICATE OF LEASE

THIRD SCHEDULE

[Rule 4, L.N. 97/1991,L.N. 146/2005, s. 2, L.N. 147/2005, L.N. 148/2005, L.N. 149/2005, L.N. 150/2005, L.N. 151/2005, L.N. 152/2005.]

MUTATION FORM

[page 2]

SKETCH

THIRD SCHEDULE, FORM R.L. 29—continued

[page 3]

SKETCH

[page 4]

FOURTH SCHEDULE

[Rule 7.]

VERIFICATION OF INSTRUMENTS: PRESCRIBED OFFICERS AND OTHER PERSONS
1.

Instruments executed in Kenya—

A judge or Magistrate.

The Registrar and the Deputy Registrar of the High Court.

The Registrar-General, the Deputy Registrar-General and any Assistant Registrar-General.

An administrative officer.

A Superintendent of Prisons.

An advocate.

A bank official.
2.

Instruments executed in a foreign country—

A notary public.

FIFTH SCHEDULE

[L.N. 174/1976, s. 2, L.N. 296/1994, L.N. 55/2008.]

FEES

REGISTERED LAND RULES, 1963
[Cap. 300, Sub. Leg., L.N. 605/1963, L.N. 174/1976, L.N. 70/1979, Act No. 1/1987, L.N. 267/1988, L.N. 97/1991, L.N. 296/1994, L.N. 146/2005, L.N. 147/2005, L.N. 148/2005, L.N. 149/2005, L.N. 150/2005, L.N. 151/2005, L.N. 152/2005, L.N. 55/2008, L.N. 9/2010.]
1.
Citation

These Rules may be cited as the Registered Land Rules, 1963.
2.
Form of register

A register shall be in one of the forms in the First Schedule to these Rules whichever is appropriate; the registration section and the parcel number shall together form the title number, and the parcel number entered in a register in respect of a lease shall contain—

(a)

where the lease is of a whole parcel, the parcel number;
(b)

where the lease is a sublease, a letter suffix unique to that sublease;
(c)

where the lease or sublease is of a portion of a parcel, a subdivisional number unique to that portion,

and letters and subdivisional numbers shall appear in the order in which the respective interests were created.
3.
Forms of certificates

A title deed and a certificate of lease shall be in the appropriate form in the Second Schedule to these Rules.
4.
Other forms

The forms in the Third Schedule to these Rules shall, subject to section 108 of the Act, be used in all matters to which they refer.
5.
Saving of forms under Cap. 283 and Cap. 281

Notwithstanding rules 2, 3 and 4 of these Rules, any register, certificate of freehold title or instrument which complies with the form prescribed under the Land Consolidation Act shall be deemed to comply with these Rules, and a grant for a term of years which was registered under the Registration of Titles Act shall, for the purposes of registration under this Act, be deemed to be a lease.
6.
Forms to be in English

All forms shall be clearly and legibly completed in the English language.
7.
Verification of instructions
(1)

In addition to the Registrar and the persons specified in section 110 of the Act, the public officers and other persons specified in the Fourth Schedule to these Rules may verify any instrument for the purposes of that section.
(2)

A certificate for the purpose of subsections (2) and (4) of section 110 of the Act shall be in the following form, which may be printed on, or otherwise incorporated in, any instrument present for registration—

and the Registrar or the public officer or other person certifying (if he has a seal or stamp of office) shall affix his seal or stamp of office to the certificate.
8.
Fees

The fees specified in the second column of the Fifth Schedule to these Rules shall be paid in respect of the matters specified in the first column of that Schedule:

Provided that—

(i)

no fee shall be payable for the preparation or registration of any instrument in respect of any dealing in favour of the President, the Government, the Permanent Secretary to the Treasury (Incorporated), the Central Land Board, the Settlement Fund Trustees or in a Region, or in respect of any application, notice or caution made, given or presented by or on behalf of any of those persons or, where they are required for official purposes, for a search by or for the issue of any copy to any public officer;
(ii)

where a parcel is identified by reference to more than one sheet of the registry map, the sheets required to identify that parcel shall, for the purposes of any fee, be deemed to be one sheet only.
9.
Assessment of fees

Where any fee is calculated ad valorem and no consideration is expressed in the instrument, the value for the purposes of assessment of stamp duty shall be the value on which the fee is calculated.
10.
Payment of fees
(1)

Except where an instrument has been prepared by the Registrar, every instrument presented for registration shall be accompanied by the prescribed form of application for registration, and the fee payable therefor shall be paid by means of adhesive revenue stamps affixed to that form in the place provided.
(2)

The Registrar shall cause to be impressed on all such forms and on all copies thereof a stamp recording the date of presentation in such manner (in the case of the original) as to cancel the stamps affixed in payment of fees, and such impression shall, in the absence of fraud, be conclusive evidence of the date of presentation and that the fees stated in the application to have been paid have been paid.
(3)

Unless the Registrar otherwise agrees, fees in all other cases shall be paid in cash.
(4)

A restriction under section 136 to secure the payment of additional stamp duty shall be in Form RL 30 in the Third Schedule.
11.
Registrar not to prepare instruments in certain cases
(1)

Except where one of the parities to a disposition is the President, the Government, the Permanent Secretary to the Treasury (Incorporated), the Central Land Board or the Settlement Fund Trustees, no instrument shall be prepared by the Registrar where the amount or value for the consideration exceeds thirty thousand shillings or where the amount or value of the annual rent or other annual payment reserved exceeds two thousand shillings or where the area of the land exceeds one hundred acres, and the Registrar may refuse to prepare an instrument in any case where he is of the opinion that the parties to the transaction should obtain the advice of an advocate.
(2)

Where an instrument is prepared by the Registrar, his responsibility is limited to the preparation of that instrument, and he shall not be concerned with, nor be in any way liable for, any other issue which may arise between the parties to any transaction.
12.
Deposit on account of fees

Where any fee payable for the services of the Registrar or of the Survey of Kenya cannot be assessed until the service required by an application has been completed, the Registrar may require the applicant to deposit with the Registrar such sum not exceeding the maximum amount of the prescribed fee as the Registrar may determine, and he may refuse to proceed with the application until such deposit has been made.
12A.
Disputed boundary–minimum fee

The minimum deposit for an application to the Registrar to indicate or determine a disputed boundary shall be four hundred shillings.
13.
Refund of fees

No fee shall be refunded except by order of the Chief Land Registrar.

FIRST SCHEDULE

[Rule 2.]

THE REGISTER

FIRST SCHEDULE—continued

FIRST SCHEDULE—continued

THE REGISTER

[To be printed on white paper]
[Front]

FIRST SCHEDULE—continued

SECOND SCHEDULE

[Section 3.]
[Act No. 1 of 1987, s. 3.]

TITLE DEED REPUBLIC OF KENYA

REGISTRATION OF LAND ACT

[Rule 3.]
[Front]

CERTIFICATE OF LEASE

THIRD SCHEDULE

[Rule 4, L.N. 97/1991,L.N. 146/2005, s. 2, L.N. 147/2005, L.N. 148/2005, L.N. 149/2005, L.N. 150/2005, L.N. 151/2005, L.N. 152/2005.]

MUTATION FORM

[page 2]

SKETCH

THIRD SCHEDULE, FORM R.L. 29—continued

[page 3]

SKETCH

[page 4]

FOURTH SCHEDULE

[Rule 7.]

VERIFICATION OF INSTRUMENTS: PRESCRIBED OFFICERS AND OTHER PERSONS
1.

Instruments executed in Kenya—

A judge or Magistrate.

The Registrar and the Deputy Registrar of the High Court.

The Registrar-General, the Deputy Registrar-General and any Assistant Registrar-General.

An administrative officer.

A Superintendent of Prisons.

An advocate.

A bank official.
2.

Instruments executed in a foreign country—

A notary public.

FIFTH SCHEDULE

[L.N. 174/1976, s. 2, L.N. 296/1994, L.N. 55/2008, L.N. 9/2010, s. 2.]

FEES

REGISTERED LAND RULES, 1963
[Cap. 300, Sub. Leg., L.N. 605/1963, L.N. 174/1976, L.N. 70/1979, Act No. 1/1987, L.N. 267/1988, L.N. 97/1991, L.N. 296/1994, L.N. 146/2005, L.N. 147/2005, L.N. 148/2005, L.N. 149/2005, L.N. 150/2005, L.N. 151/2005, L.N. 152/2005, L.N. 55/2008, L.N. 9/2010, L.N. 123/2011.]
1.
Citation

These Rules may be cited as the Registered Land Rules, 1963.
2.
Form of register

A register shall be in one of the forms in the First Schedule to these Rules whichever is appropriate; the registration section and the parcel number shall together form the title number, and the parcel number entered in a register in respect of a lease shall contain—

(a)

where the lease is of a whole parcel, the parcel number;
(b)

where the lease is a sublease, a letter suffix unique to that sublease;
(c)

where the lease or sublease is of a portion of a parcel, a subdivisional number unique to that portion,

and letters and subdivisional numbers shall appear in the order in which the respective interests were created.
3.
Forms of certificates

A title deed and a certificate of lease shall be in the appropriate form in the Second Schedule to these Rules.
4.
Other forms

The forms in the Third Schedule to these Rules shall, subject to section 108 of the Act, be used in all matters to which they refer.
5.
Saving of forms under Cap. 283 and Cap. 281

Notwithstanding rules 2, 3 and 4 of these Rules, any register, certificate of freehold title or instrument which complies with the form prescribed under the Land Consolidation Act shall be deemed to comply with these Rules, and a grant for a term of years which was registered under the Registration of Titles Act shall, for the purposes of registration under this Act, be deemed to be a lease.
6.
Forms to be in English

All forms shall be clearly and legibly completed in the English language.
7.
Verification of instructions
(1)

In addition to the Registrar and the persons specified in section 110 of the Act, the public officers and other persons specified in the Fourth Schedule to these Rules may verify any instrument for the purposes of that section.
(2)

A certificate for the purpose of subsections (2) and (4) of section 110 of the Act shall be in the following form, which may be printed on, or otherwise incorporated in, any instrument present for registration—

and the Registrar or the public officer or other person certifying (if he has a seal or stamp of office) shall affix his seal or stamp of office to the certificate.
8.
Fees

The fees specified in the second column of the Fifth Schedule to these Rules shall be paid in respect of the matters specified in the first column of that Schedule:

Provided that—

(i)

no fee shall be payable for the preparation or registration of any instrument in respect of any dealing in favour of the President, the Government, the Permanent Secretary to the Treasury (Incorporated), the Central Land Board, the Settlement Fund Trustees or in a Region, or in respect of any application, notice or caution made, given or presented by or on behalf of any of those persons or, where they are required for official purposes, for a search by or for the issue of any copy to any public officer;
(ii)

where a parcel is identified by reference to more than one sheet of the registry map, the sheets required to identify that parcel shall, for the purposes of any fee, be deemed to be one sheet only.
9.
Assessment of fees

Where any fee is calculated ad valorem and no consideration is expressed in the instrument, the value for the purposes of assessment of stamp duty shall be the value on which the fee is calculated.
10.
Payment of fees
(1)

Except where an instrument has been prepared by the Registrar, every instrument presented for registration shall be accompanied by the prescribed form of application for registration, and the fee payable therefor shall be paid by means of adhesive revenue stamps affixed to that form in the place provided.
(2)

The Registrar shall cause to be impressed on all such forms and on all copies thereof a stamp recording the date of presentation in such manner (in the case of the original) as to cancel the stamps affixed in payment of fees, and such impression shall, in the absence of fraud, be conclusive evidence of the date of presentation and that the fees stated in the application to have been paid have been paid.
(3)

Unless the Registrar otherwise agrees, fees in all other cases shall be paid in cash.
(4)

A restriction under section 136 to secure the payment of additional stamp duty shall be in Form RL 30 in the Third Schedule.
11.
Registrar not to prepare instruments in certain cases
(1)

Except where one of the parities to a disposition is the President, the Government, the Permanent Secretary to the Treasury (Incorporated), the Central Land Board or the Settlement Fund Trustees, no instrument shall be prepared by the Registrar where the amount or value for the consideration exceeds thirty thousand shillings or where the amount or value of the annual rent or other annual payment reserved exceeds two thousand shillings or where the area of the land exceeds one hundred acres, and the Registrar may refuse to prepare an instrument in any case where he is of the opinion that the parties to the transaction should obtain the advice of an advocate.
(2)

Where an instrument is prepared by the Registrar, his responsibility is limited to the preparation of that instrument, and he shall not be concerned with, nor be in any way liable for, any other issue which may arise between the parties to any transaction.
12.
Deposit on account of fees

Where any fee payable for the services of the Registrar or of the Survey of Kenya cannot be assessed until the service required by an application has been completed, the Registrar may require the applicant to deposit with the Registrar such sum not exceeding the maximum amount of the prescribed fee as the Registrar may determine, and he may refuse to proceed with the application until such deposit has been made.
12A.
Disputed boundary–minimum fee

The minimum deposit for an application to the Registrar to indicate or determine a disputed boundary shall be four hundred shillings.
13.
Refund of fees

No fee shall be refunded except by order of the Chief Land Registrar.

FIRST SCHEDULE

[Rule 2.]

THE REGISTER

FIRST SCHEDULE—continued

FIRST SCHEDULE—continued

THE REGISTER

[To be printed on white paper]
[Front]

FIRST SCHEDULE—continued

SECOND SCHEDULE

[Section 3.]
[Act No. 1 of 1987, s. 3.]

TITLE DEED REPUBLIC OF KENYA

REGISTRATION OF LAND ACT

[Rule 3.]
[Front]

CERTIFICATE OF LEASE

THIRD SCHEDULE

[Rule 4.]
[L.N. 97/1991,L.N. 146/2005, s. 2, L.N. 147/2005, L.N. 148/2005, L.N. 149/2005, L.N. 150/2005, L.N. 151/2005, L.N. 152/2005, L.N. 123/2011, s. 2.]

MUTATION FORM

[page 2]

SKETCH

THIRD SCHEDULE, FORM R.L. 29—continued

[page 3]

SKETCH

[page 4]

FOURTH SCHEDULE

[Rule 7.]

VERIFICATION OF INSTRUMENTS: PRESCRIBED OFFICERS AND OTHER PERSONS
1.

Instruments executed in Kenya—

A judge or Magistrate.

The Registrar and the Deputy Registrar of the High Court.

The Registrar-General, the Deputy Registrar-General and any Assistant Registrar-General.

An administrative officer.

A Superintendent of Prisons.

An advocate.

A bank official.
2.

Instruments executed in a foreign country—

A notary public.

FIFTH SCHEDULE

[L.N. 174/1976, s. 2, L.N. 296/1994, L.N. 55/2008, L.N. 9/2010, s. 2.]

FEES

1.

These Regulations may be cited as the Land Registration (Forms) Regulations, 2014.
2.

The form set out in the Schedule shall be used for the continued execution of land transactions.

LAND REGISTRATION (GENERAL) REGULATIONS, 2017

ARRANGEMENT OF REGULATIONS

PART I – PRELIMINARY

Regulation

1.

Citation.
2.

Interpretation.

PART II — ORGANIZATION AND ADMINISTRATION OF REGISTRIES

3.

Oath of office.
4.

Official stamp.
5.

Seal of the registry.
6.

Business days.
7.

Serialization and keeping of the presentation book.
8.

Priority of registration.
9.

Contents of the register.
10.

Contents of property section.
11.

Additional contents of the property section for sectional units.
12.

Contents of proprietorship section.
13.

Contents of the encumbrance section.
14.

Application to register community land.
15.

Contents of proprietorship section of community land register.
16.

Forms of registers.

PART III —POWER OF ATTORNEY

17.

General power of attorney.
18.

Specific power of attorney.
19.

Irrevocable power of attorney.
20.

Revocation of power of Attorney.

PART IV — REGISTRATION UNDER THE REGISTER

21.

Application for registration to be in prescribed form.
22.

Documents in support of applications.
23.

Spousal interest.
24.

First registration after adjudication.
25.

First registration after consolidation.
26.

First registration after allocation.
27.

Lost documents.
28.

Reconstruction of land register.
29.

Reconstruction of land register where title documents are missing.
30.

Application for a certificate.
31.

Form of certificate of title and certificate of lease.
32.

Time for registration.
33.

Applications in order of time.
34.

Additional requirements.
35.

Rejection of an application.
36.

Mode of payment of fees.
37.

Appeal.
38.

Continuation of application by operation of law.
39.

Supervision by the Chief Land Registrar.

PART V —BOUNDARIES

40.

Application for re-establishing a missing boundary or ascertainment of a boundary in dispute.
41.

Application for ascertaining and fixing boundaries.
42.

Order to demarcate and maintain a boundary.
43.

Application for combination or subdivision.
44.

Application for re-parcellation.
45.

Application for partition.
46.

Application in absence of consent by co-tenant.
47.

Consent of a chargee to a partition.

PART VI —DISPOSITION AFFECTING LAND

48.

Terms and conditions of sale.
49.

Requirements for transfer.
50.

Transfer of an interest subject to an encumbrance.
51.

Transfer of undivided share.
52.

Transfer of a joint interest.
53.

Severance of joint tenancy.
54.

Transmission on death of a joint tenant.
55.

Transmissions subject to confirmation of grant or probate.
56.

Transfer to personal representative.
57.

Transfer by personal representative to beneficiary.
58.

Transfer by personal representative to third parry.
59.

Transmissions on bankruptcy.
60.

Transmissions on liquidation.
61.

Transfer to companies and limited Iiability partnerships.
61.

Transfer to limited Iiability partnerships.
62.

Transmission in other cases.
63.

Documents executed under the power of attorney.
64.

Application to be registered as trustee
65.

Registration of disposition in favour of trustees incorporated under the Trustees (Perpetual Succession) Act.
66.

Transfer by a trustee.

PART VII — CHARGES

67.

Form of a charge.
68.

Prioriry rights of prior charge.
69.

Consent for second or subsequent charge.
70.

Registration of a charge, second charge or a subsequent charge.
71.

Registration of a customary charge.
72.

Memoranda of variation of a charge.
73.

Transfer of charge.
74.

Discharge of charge.
75.

Application by chargee to be registered as proprietor.

PART VIII —LEASES

76.

Form of lease.
77.

Long term lease and lease for part of building.
78.

Surrender of lease.

PART IX —INHIBITIONS, RESTRICTIONS AND CAUTIONS

79.

Registration of a court order of inhibition.
80.

Registration of a caution.
81.

Registration of a restriction.

PART X —EASEMENT AND ANALOGOUS RIGHTS

82.

Grant of easement or analogous right.
83.

Cancellation of easement or analogous right.
84.

Consent from persons entitled to benefit from easement or analogous right.
85.

Application for cancellation of grant of easement or analogous right.

PART XI —OFFICIAL SEARCH

86.

Application for official search.

PART XII —FORMS

87.

Use of forms.
88.

Execution of Prescribed Forms.
89.

Format, legibility and completeness of Prescribed Forms.

PART XIII — ELECTRONIC REGISTRATION AND CONVEYANCING

90.

Electronic dispositions.

PART XIV —CORRECTIONS, RECTIFICATIONS AND INDEMNITY

91.

Corrections of errors and mistakes by the Registrar.
92.

Notice of Rectification of Register by the Registrar.
93.

Conduct of hearings for rectification of the register.
94.

Court mandated alteration of the register.

PART XV —ADDRESS FOR SERVICE AND NOTICES

95.

Details of address of service of the proprietor.
96.

Mode of service of notices by the Registrar.

PART XVI —MISCELLANEOUS

97.

Prescribed fees.
98.

Assessment of fees.
99.

Payment of fees.
100.

Production of documents for inspection.
101.

Storage of instruments.
102.

Consideration.

SCHEDULES

FIRST SCHEDULE

Oath of Office
SECOND SCHEDULE

Seal of the Registry
THIRD SCHEDULE

Time Limit for Services
FOURTH SCHEDULE

Verification of Instruments
FIFTH SCHEDULE

Procedure for Conduct of Hearings by the Registrar
SIXTH SCHEDULE

Forms

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