As a proprietor of land, you may notice your Title deed or certificate of lease is missing or has been destroyed. Therefore, you need to replace it immediately. Section 33 of the Land Registration Act provides that a person may apply for replacement of lost or destroyed lease or certificate of title to the land Registrar.
Head to the nearest police station to get a police abstract for the loss or damage. The Registered proprietor should submit a copy of the certificate of title or lease to help identify the property.
One should then apply for an official search at the Lands office.
The applicant should the fill in form LRA 12 as per the Land Registration (General) Regulations 2017 used as an application for replacement of the Certificate of title.
An affidavit should then be sworn by an applicant in an Advocates office. The Affidavit will state the name of the proprietor of the land, particulars of the property, that the proprietor is in no way involved in the loss of the certificate of title that in the case it is found, it will be returned and that the certificate of title has not been pledged as security in any financial institution for a loan.
At this point, the application is submitted and it should be accompanied by the police abstract, the search and the Affidavit, certified copies of the applicants identify card and colored passport sized photos.
A notice is also published in two local dailies of nationwide circulation.
The Registrar then notifies of the loss or destruction through a Gazette Notice after payment of the requisite fee of Ksh.10, 000.
If there is no objection of this application within 60 days, the Registrar then issues a duplicate certificate of title or lease.
Kindly note, an applicant can place a Caveat on the property before the Registrar issues the New certificate of Title or lease.
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