THERE is a hullabaloo about the documents issued in Likoni written Lease Certificates. Are they title deeds or not?
A TITLE DEED, an umbrella term meaning a signed agreement that proves ownership of land and legal rights to it. There exists different types of title deeds as per the various types of Land Acts that have been in existence. They include: Absolute Title, seen written as TITLE DEED and CERTIFICATE OF LEASE, written as such. Others include Certificate of title (due to subdivision of land),Sectional Title (For owning part of building or apartment), Grant Title and Indenture title.
1. Indenture Title: This was a title under the Government Lands Act Cap 280. It has since been repealed.
2. Grant Title: This was a government grant under Registration of Titles Act Cap 281 and a county council grant under Trust Land Act Cap 288. Both have been repealed.
3. Certificate of Title: This is under Cap 281 issued due to subdivision without change of user. Change of user happens when one shifts from, for instance, agriculture to residential.
4. Certificate of Lease: This is a title under the Registered Lands Act Cap 300 (repealed) for leasehold land. Leasehold is a form of land tenure where a lessee (occupant) holds
rights to land for a specific period and subject to conditions imposed on land rights by the lessor (landowner). The period can be 33, 50, 66 or 99 years for all urban plots.
5. Absolute Title: This is a title under the Registered Lands Act Cap 300 (repealed) for freehold land.
This is a form of ownership in which the land owner has the maximum rights in terms of period of ownership and use of the land.
6. Sectional Title: This is a title for a unit within a building, for example a flat. It emanates from the Sectional Properties Act of1987 and the title is deemed to be registered under the Registered Lands Act Cap 300.
It is important to note that the Land Registration Act, 2012 in Section 26
consolidates the above several titles into the Certificate of Title. The aim is to rationalise and reduce confusion brought about by previous Land Acts, which resulted in various types of titles existing concurrently.
VERDICT: Certificates of lease are Title Deeds. Watu wasome Land Acts tafadhali