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What are the different ways to transfer ownership of land in Kenyan law?
What are the different ways to transfer ownership of land in Kenyan law?
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Maurice
said:
Below are ways to transfer ownership of land in Kenyan:
i. Land can be transferred as a gift from one party to another. The transfer is subject to stamp duty and must be registered to be legally valid.
ii. Land can be transferred through inheritance when a landowner passes away, and the land is bequeathed to their heirs through a will or intestacy laws.
iii. In the event of co-ownership or joint ownership of land, one or more of the co-owners can seek to partition the land. The partition process requires a court order.
iv. Sale and Purchase: The process typically includes the signing of a sale agreement, payment of the purchase price, and registration of the transfer with the relevant government authority.
v. Land ownership can also be transferred through court orders
vi. Adverse Possession: In some cases, a person who has occupied and used land without the owner's objection for a specified period (usually 12 years) may acquire ownership through adverse possession.
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Winfred
said:
In Kenya ,there are various ways of transfer of ownership. They include,
I. Adverse possession
It is a legal concept that allows someone to acquire title to the land of another person over a definite period of time.The trespasser to the land can claim the property after a lapse of a determined period of 12 years.
II. Compulsory acquisition
It is a mode of transfer where the government has power to acquire private rights of land without the willing consent of the owner for public purposes such as construction on roads and rails.
III. Gifting
It is the transfer of property from one person to another without consideration, that is ,mutual value .The owner of the property expresses his\her intention to the other party and physically transfers the property .The person being gifted must accept the property for the transaction to be complete.
IV.Inheritance \Succession
It arises in the event of death and is governed by the Law of succession act.It denotes the transmission of rights and obligations of the deceased to his legal heirs.
V. Purchase
This is a way of transferring ownership where the person who is selling the property[seller]transfers it to the person buying [buyer] for a consideration .For the transaction to be complete,the parties must have written agreements signed by each party.
VI. Land adjudication
This process of transfer of ownership is initiated once the minister of lands has given a declaration that a Trust land area be adjudicated.When we say trust land we mean land held ny the federal government and held in trust for the benefit of the tribe communially or tribe members.In Kenya this mode of transfer is used rarely.
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