There was a story in the media this week about how several title deeds were allegedly stolen from a Government office. There have also been circumstances whereby someone may lose a title deed either when moving houses or when the house burns down. In such circumstances, is it possible to get a duplicate from the Ministry of Lands? Patricia, Nairobi
The law provides that a registered title deed holder can apply to the registrar for a duplicate title deed or certificate of lease.
Section 31 of the Land Act 2012 provides that the investors only need to produce evidence of loss or destruction of their previous ownership documents.
However, it would be easier to seek services of an advocate of the High Court with a valid practicing certificate of the current year.
A prudent lawyer will act fast to ensure that a caution/caveat is placed on the plot at the lands registry.
Legally, the objective of the caveat is to ensure any fraudster who may come across the lost documents cannot undertake transactions of the property.
It is possible for fraudsters with original title deeds to fake signatures and relevant documents to transfer property to anyone of choice – it has happened and still happens!
The lawyer comes in handy following the processes that entails filing required legal documents like a statutory declaration and presenting to the registrar.
The declaration forms, which detail how the documents were lost or destroyed, must be completed by the registered plot owners and in case of companies, the directors.
If the registrar is satisfied with the evidence proving destruction or loss of the original documents, he/she will Gazette the name(s) of the registered proprietor(s).
The names will also be published in two mainstream newspapers with national circulation and issue duplicate title deeds or certificates of lease after 60 days.
For starters, there is no hard and fast answer on how to prove loss of a title deed or certificate of lease other than reporting to the police and acquiring an abstract.
A lawyer will also come in handy to draft an affidavit or a statutory declaration detailing when the document was lost.
Having stated the above, title deeds should still be kept safe to avoid any inconveniences to all parties concerned. And in cases where a lost title deed or certificate of lease is found, it should be delivered to the registrar for cancellation.
However, the registrar also has powers to reinstate any lost or destroyed document in the land register after making inquiries and issuing notice of 60 days in the Gazette.
Mr Ayodo is an Advocate of the High Court of Kenya