How To Put A Caveat On Land In Kenya
According to the Ministry of Land, a caveat is a warning or a caution put against a property to prevent any action being taken on the property.
The lodging of a caveat over a property is a way of telling anyone who wants to deal with the property to be aware of the fact that someone else’s interest has already been prioritized.
A caveat is a general notice in the form of a register to the effect that no action in relation to the land/house will be taken without first informing the person who gave the notice.
In this article Keweb. co tries to answer the question by publishing the ways one can Put A Caveat On Land in Kenya
Below are the most helpful ways to Put A Caveat On Land in Kenya
Step 1
The Applicant must have in his/her possession two sets of embossed caveat documents duly witnessed by an Advocate signed by the person who is placing the caveat (Deponent) and dated, Statutory Declaration signed by the Deponent & a Commissioner for Oaths and two Passport photographs of the person placing the Caveat.
Step 2
The Applicant presents the full set of original documents and a photocopy of the same, to the Department of Land Registration for processing.
The Photocopy is stamped ‘Received’ and returned to the Applicant.
The Applicant checks with the Department of Land Registration after 10 working days to confirm entry of the caveat upon the register.
Documents required: Caveat, Affidavit, set of Passport photographs, and General receipts of Payment.
Fees paid: Stamp duty- 20,000/= and Registration fees – 10,000/=.
How a caveat is removed in Kenya
A caution can be removed by the person lodging the same, by court order, or by the Registrar. The Registrar can remove a caution through the following different ways;
- Through an application of another interested person, the registrar may serve a notice on the cautioner warning that his/her caution will be removed at the expiration of the time stated in the notice.
If at the expiration of the time stated the cautioner has not objected, the registrar may remove the caution.
- Lodging of a caveat or caution without reasonable cause can lead to the removal of the same by the registrar.
How a wrongful caution dealt with in Kenya?
Any person who lodges or maintains a caution wrongfully and without reasonable cause shall be liable, in an action for damage at the suit of any person who has sustained damage, to pay compensation to such person.
What are the caveats in land law in Kenya?
Cautions or caveats are temporary restraints that are lodged with the Registrar of Lands by people forbidding the transactions. Cautioners must prove that they are entitled to interests in the disputed property whose transfer they seek to forbid.