Section 105 of Land Registration Act 2012: Transiting title documents
(1) On the effective date, the following provisions shall apply in respect of every parcel of land, the title to land which is already registered under the repealed Acts—
(a) if the title to a parcel of land is comprised in a grant or certificate of title registered under the repealed Registered Land Act—
(i) the grant or certificate of title shall be deemed to be a certificate of title or certificate of lease, as the case may be, issued under this Act; and
(ii) the folio of the register of titles kept under the repealed Act shall be deemed to be the register under this Act:
Provided that the Registrar may at any time prepare a register, in the prescribed form, showing all subsisting particulars contained in or endorsed on the folio of the register of titles and substitute such register for such folio and issue to the proprietor a certificate of title or certificate of lease, as the case may be, in the prescribed form.
(b) if the title to the parcel is comprised in a grant or certificate of title registered under the repealed Registration of Titles Act"
(i) the grant or certificate of title shall be deemed to be a certificate of title or certificate of lease, as the case may be, issued under this Act; and
(ii) the folio of the register of titles kept under section 7 of the repealed Registration of Titles Act shall be deemed to be the register under this Act:
Provided that the Registrar may at any time prepare a register, in the prescribed form, showing all subsisting particulars contained in or endorsed on the folio of the register of titles kept as aforesaid and substitute such register for such folio and issue to the proprietor a certificate of title or certificate of lease, as the case may be, in the prescribed form.
(c) if the title to the parcel is comprised in a register kept under the repealed Government Lands Act or the repealed Land Titles
Act, the Registrar shall—
(i) as soon as conveniently possible, cause the title to be examined;
(ii) prepare a register, in the prescribed form, showing all subsisting particulars affecting the parcel which are capable of registration under this Act;
(iii) serve on the proprietor and on the proprietor of any lease or charge, a notice of intention to register; and
(iv) issue to the proprietor, upon request, a certificate of title or certificate of lease in the prescribed form;
(2) In compiling register in the name of the county or national government in trust for the people resident in the county or the people of Kenya, as the case may be, all public land in the area.
(3) Upon the registration of the Commission as proprietor of any land under subsection (2), there shall also vest in the Commission all rights, powers and liabilities under any grant or lease then subsisting in respect of the land.
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