Section 2 of Land Registration Act 2012: Interpretation.

    

In this Act, unless the context otherwise requires—
“adjudication officer” has the meaning assigned to it in the Land Adjudication Act, Cap. 284;
“adjudication register” has the meaning assigned to it in the Land Adjudication Act;
“assignee” means a person to whom an assignment has been made;
“borrower” means a person who obtains an advance of money or money’s worth or agrees to fulfil a condition on the security of a charge of that person’s land or lease;
“building” means a structure or erection of any kind, whether permanent or temporary, movable or immovable and whether completed or not;
"Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to land;
“cadastral map” means a map or series of maps referred to under section 15;
“caution” means—
(a) a notice in the form of a register to the effect that no action of a specified nature in relation to the land in respect of which the notice has been entered may be taken without first informing the person who gave the notice; or
(b) a caveat.
“certificate of lease” means a certificate of lease in the prescribed form issued under section 30;
“certificate of title” means a certificate of title in the prescribed form issued under section 30;
"charge" means—
(a) an interest in land or a lease securing the payment of money or money's worth or the fulfilment of a condition;
(b) a sub-charge; and
(c) the instrument creating a mortgage or other charge;
"Commission” means the National Land Commission established by Article 67 of the Constitution;
“community” means a clearly defined group of users of land identified on the basis of ethnicity, culture or similar community of interest as provided under Article 63(1) of the Constitution, which holds a set of clearly defined rights and obligations over land and land-based resources;
“corporate body” means a body incorporated under any written law and includes a company, association or body of persons;
“co-tenancy” has the meaning ascribed to it by section 91;
“Court” means the Environment and Land Court established under the Environment and Land Court Act, 2011, No. 19 of 2011;
“dealing” includes disposition and transmission;
“deliver” includes to transmit by post, hand, email, fax or other prescribed medium;
“disposition” means—
(a) a sale, charge, transfer, grant, partition, exchange, lease, assignment, surrender, or disclaimer and includes the creation of an easement, usufructuary right, or other servitude or any other interest in land or a lease and any other act by an owner of land or under a lease whereby the person’s rights over that land or lease are affected; or
(b) an agreement to undertake any such disposition;
“dwelling house” means a house, part of a house or room used as a separate dwelling in any building and includes a garden or other premises within the cartilage of and used as a part of any such dwelling house;
“easement” has the meaning ascribed to it by the Land Act;
“effective date” means the commencement date of this Act;
“file” means place in the relative parcel file;
“Gazette” means Kenya Gazette and County Gazette;
“geo-reference” means the reference of an object using a specific location either on, above or below the earth’s surface;
“head lease” means a lease in respect of which a sublease is entered into;
“inhibition” means an order made under section 70, or a
prohibition;
“instrument” means—
(a) any writing, including an enactment that creates or affects legal or equitable rights or liabilities;
(b) any covenant or condition expressed in an instrument or implied in a instrument under this or any other enactment relating to land; or
(c) any variation of an instrument, except where otherwise provided;
“interest” means a right in or over land;
“land” has the meaning assigned to it under Article 260 of the Constitution;
“land administration” means the process of determining, recording, updating and disseminating information about the ownership, value and use of land;
“land register” means the land register compiled under section 7;
“lease” means—
(a) a lease or sublease, whether registered or unregistered of land; or
(b) a short-term lease or agreement to lease;
“legal incapacity” means a person of unsound mind or a person under the age of eighteen years;
“lender” means a person to whom a charge has been given as security for the repayment of an advance of money or money’s worth or to secure a condition;
“lessee” means a person to whom a lease is granted or a person who has accepted a transfer or assignment of a lease;
“lessor” means a person by whom a lease is granted and includes a person who has accepted the transfer or assignment of the reversion of a lease;
“licensee" means the person occupying land in accordance with the terms of a license;
"licensor" means the person granting or giving a licence;
"lien" means the holding by a lender of any document of title relating to land or a lease as security for an advance of money or money's worth or the fulfillment of a condition;
“parcel” means an area of land separately delineated on the cadastral map;
“parcel register” means the folio of the land register kept in respect of a parcel of land or a registered lease;
"partition" means the separation, by legal instrument, of the share in land or a lease held by owners in common so that each owner takes their share free of the rights of the others;
"periodic lease" means a lease from year to year, half year to half year, quarter to quarter, month to month, week to week or the like; “private land” has the meaning assigned to it under Article 64 of the Constitution;
“proprietor” means—
(a) in relation to land or a lease, the person named in the register as the proprietor; and
(b) in relation to a charge of land or a lease, the person named in the register of the land or lease as the person in whose favour the charge is made;
“public land” has the meaning assigned to it under Article 62 of the Constitution and includes the coast foreshore, rivers, dam, lake reserves and other reserves as provided under the Survey Act, Cap. 299 or any other written law;
“register” means land register and community land register;
“Registrar” means the Chief Land Registrar, County Land Registrars and Land Registrars appointed under section 12 and 13;
"registration unit” means a land registration unit constituted under section 6 (1);
“registration section” means a division of a registration unit established under section 6 (2);
“registry” means land registry established under section 7;
“restriction” means an interest registered under section 76 and includes the Registrar’s caveat;
"restrictive agreement" means—
(a) a restrictive covenant; or
(b) an agreement by an owner of land restricting the building on, use or other enjoyment of that land for the benefit of the owner of the land or neighboring parcel of land;
“surveyor” means a surveyor as defined in the Survey Act, Cap. 299;
"transfer" means—
(a) the passing of land, a lease or a charge from one party to another by an act of the parties and not by operation of the law; or
(b) the instrument by which any such passing is effected;
"transferee" means a person who receives land, a lease or charge passed through a transfer;
"transferor" means the person who passes land, a lease or charge through a transfer;
"transmission" means the passing of land, a lease or a charge from one person to another by operation of law on death, insolvency or otherwise;
“trustee” includes personal representative;
“valuable consideration” includes marriage, but does not include a nominal consideration;
“valuer” means a valuer registered and licensed to practice as a valuer in accordance with the Valuers Act;
"unexhausted improvement" means—
(a) anything or any quality permanently attached to the land directly resulting from the expenditure of capital or labour and increasing the productive capacity, the utility, the sustainability of its environmental quality; or
(b) trees, standing crops or growing produce whether of an agricultural or horticultural nature.


Disclaimer: This document is not to be taken as legal advise.

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More Sections


  • Section 3 - Application.

    Subject to section 4, this Act shall apply to— (a) registration of interests in all public land as declared by Article 62 of the Constitution; (b) registration of interests in all private land as...

  • Section 4 - Limitation of application.

    This Act shall not prohibit or otherwise affect the system of registration under any law relating to mining, petroleum, geo-thermal energy or any other rights over land and land-based resources in...

  • Section 5 - Conflict with other laws.

    Except as otherwise provided in this Act, no other written law, practice or procedure relating to land shall apply to land registered or deemed to be registered under this Act so far as it is...

  • Section 6 - Registration units.

    (1) For the purposes of this Act, the Commission in consultation with national and county governments may, by order in the Gazette, constitute an area or areas of land to be a land registration unit...

  • Section 7 - Land registry

    (1) There shall be maintained, in each registration unit, a land registry in which there shall be kept— (a) a land register, in the form to be determined by the Commission; (b) the cadastral...

  • Section 8 - Community Land Register.

    (1) Subject to the legislation on community land made pursuant to Article 63 of the Constitution, there shall be maintained in each registration unit, a community land register in which shall be...

  • Section 9 - Maintenance of documents.

    (1) The Registrar shall maintain the register and any document required to be kept under this Act in a secure, accessible and reliable format including— (a) publications, or any matter written,...

  • Section 10 - Public access to the register.

    Subject to the Constitution and any other law regarding freedom of and access to information, the Registrar shall make information in the register accessible to the public by electronic means or any...