Quick Guide to Replacing Lost Title

Despite our best efforts to safeguard important documents from loss or destruction, they still get misplaced or destroyed in unfortunate events. If it is a document you don’t always need to access like a title deed, you may not realize it is missing until you need to sell the property or use it as security for a loan. The good news is, replacing lost title documents can be a smooth process if you are equipped with the necessary knowledge. Below is a guide on how to replace your lost title.

In order to replace a lost title, you need to make an application to the Registrar of Lands which should be accompanied by the following documents:

  1. a statutory declaration;
  2. a police abstract;
  3. certified copies of your national identity card or passport, and
  4. A document evidencing ownership.
  1. The first step in this process will be to obtain a police abstract evidencing loss of your title from the nearest police station.  You can download and fill in the abstract form with all the required details and submit it to the police for stamping and filing.
  • Carry out an official search at the Lands Registry to obtain an official search certificate showing you as the registered proprietor of the land. Alternatively, you could obtain a copy of the certificate of title certified by the Lands Registry. This is to enable you to prove ownership of the property.
  • You will obtain a statutory declaration by swearing in an affidavit explaining the circumstances occasioning the loss or destruction, and having it commissioned by a commissioner of oaths. Once you have all these documents, you can proceed to fill in the prescribed application form for the replacement of lost or destroyed title. These documents are then be submitted to the Lands Registry.

If the application is successful, the Registrar will have published in the Kenya Gazette a notice for the issue of a replacement title. The notice is to generally inform the public that the Registrar shall issue you with a Replacement Title after sixty days if no objection is received. After the expiry of the sixty days, the Registrar shall issue you with a duplicate certificate of title or lease.

It is our view that consulting with a lawyer throughout this process will help to ease out any challenges experienced. Further, it would be key to secure your proprietary right by entering a restriction in the register to prohibit any further dealing with the particular land or lease.

For more information please contact:

Benson Ngugi benson.ngugi@attorneysafrica.com

Hellen Waithira hellen.waithira@attorneysafrica.com

Rushmi Matete rushmi.matete@attorneysafrica.com .