As a real estate owner, your title deed is the most important document proving your ownership. But what happens if it gets lost? Don't stress losing a land title or a property ownership certificate doesn’t mean you’ve lost your property.
The process for replacing it is straightforward. Follow these steps, and you’ll have your new title deed in no time.
Step 1: Report the Loss to the Police
The first thing you should do is report the loss to the police. The police abstract is essential—it’s the official proof that your land title is missing. Without it, you can’t proceed with the replacement process.
To file the report, you’ll need:
A copy of the lost title deed (if available)
Your National Identity Card (or any valid ID)
Once you have the police abstract, you can move on to the next step.
Step 2: Conduct a Search at the Land Registry
Head to the land registry to conduct a search. The Land Registry Act 2012 allows them to confirm that your title deed is indeed lost and that your name is still tied to the property. This step ensures no one else is trying to claim your land.
Step 3: Submit an Affidavit for Title Loss
Next, you’ll need to submit an affidavit explaining how your title deed was lost or misplaced. This statutory declaration confirms that your claim is legitimate and protects your rights during the process.
Step 4: Apply for a Replacement Title Deed
Once the formalities are done, you can apply for a replacement title deed. You’ll need to submit the following documents:
The police abstract
Your National Identity Card (or passport for non-citizens)
Proof of ownership (e.g., past property documents, tax receipts)
Corporate documents, if the property is owned by a company
Ensure the application form is filled out correctly to avoid delays. If you need help, consider consulting a real estate expert.
Step 5: Register a Caution to Protect the Property
To protect your property while awaiting the new title deed, you’ll need to register a caution. This prevents any unauthorized transactions (like selling or transferring) from taking place during the process.
Step 6: Publication in the Kenya Gazette
Once everything is submitted, your title deed loss will be published in the Kenya Gazette. This public notice gives anyone interested in your property a chance to contest it. If no one contests, the process continues, and a new title deed will be issued after 60 days.
Step 7: Confirming Your New Title Deed
After the 60-day waiting period, the land registrar will verify that all steps were properly followed. If everything checks out, your new title deed will be issued. If the original deed is found, it will be canceled to ensure there’s only one valid title for your property.
