Rectifying Title Documents: The law and procedure on rectification

There are various circumstances that give rise to the need to rectify title documents and the register. It could be that there is an error or omission on formal details such as the address or correct name of the owner of the property, or to remove the name of deceased joint owner. In other situations, the court could order rectification of the register where the registration of a transfer or other disposition is found to be void. Kenyan land laws provide for the procedure to be followed when making such rectifications.

Applying to the Registrar

A land owner can rectify any inaccurate information on their title documents as a result of errors, omissions or a change of name and/or address by making an application to the Registrar in the prescribed form. In their application, they need to give details of the rectifications they want to make, the grounds for rectification and give proof of evidencing the grounds given. If the property is co-owned, the application should be accompanied with their consent as well.[1]

Upon successful application, the Registrar will rectify the register as required.

Rectification by Notice

The Registrar can rectify the register if upon resurvey, the area or dimensions show in the register is found to be incorrect,[2] and where they find that the title document was obtained by fraud.[3] The Registrar will issue a notice in the prescribed form which shall be served upon the affected parties. In the case of a resurvey, the notice will indicate the rectification being made. The Registrar will also place a restriction prohibiting further dealings on the resurveyed land pending the expiration of the notice issued.[4]

Where the notice concerns a case of fraud, the notice shall inform the concerned parties of the grounds for rectification and set a date for hearing, allowing the affected parties to present any documents or other information that will assist rectification of the register. In the absence of any party attending such a hearing, the Registrar will order rectification of the register after the expiry of ninety days.[5]

During such hearing, the Registrar can issue summons to the affected parties directing them to appear at the hearing.[6] At the conclusion of the hearing and determination of the matter the Registrar will issue an order of rectification if deemed necessary. The fraudulently title documents will be taken and destroyed.

Court Orders

The final instance where title documents can be rectified, is by order of the Court. This often occurs where the court finds that a registration was made, obtained or omitted by fraud or mistake.[7] In such an instance, the successful litigant will apply to the Registrar for rectification in the prescribed form, attaching the decree with the order for rectification.[8]

With proper guidance, the process of rectification can be fairly simple. If you have matter on the same, you can reach out to us for assistance.

For more information, please contact:

Benson Ngugi benson.ngugi@attorneysafrica.com

Hellen Waithira hellen.waithira@attorneysafrica.com

Rushmi Matete rushmi.matete@attorneysafrica.com

[1] Land Registration Act (2012), Section 79(1)

[2] Land Registration Act (2012), Section 79 (1)(c)

[3] Land Registration Act (2012), Section 79 (2)

[4] Form LRA 90

[5] Form LRA 91

[6] Land Registration (General) Regulations, Clause 93(2)

[7] Land Registration Act (2012), Section 80(1)

[8] Land Registration (General) Regulations, Clause 94

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