How to Put Caution on Land in Kenya
Complete Guide to Protecting Your Property Rights with CGEN Properties
Understanding Land Cautions in Kenya
A land caution is a legal notice registered against a property's title to protect an individual's or entity's interest in the land. It serves as a warning to prevent dealings (e.g., sale, transfer, or use as collateral) without notifying or obtaining consent from the person who lodged it.
This comprehensive guide will walk you through the step-by-step process of placing a caution on land in Kenya, the legal requirements, and how to ensure your property rights are protected.
Purpose of Land Cautions
Protection of Interests
Safeguard the rights of individuals with a claim to the land (e.g., co-owners, beneficiaries, or creditors).
Fraud Prevention
Prevent unauthorized transactions by notifying potential buyers or lenders of existing claims.
Dispute Resolution
Maintain the status quo while legal disputes are resolved through proper channels.
Public Notice
Alert third parties to prioritize the cautioner's interest before engaging with the property.
Who Can Lodge a Land Caution?
Any person or entity with a demonstrable interest in the land can lodge a caution, including:
- Co-owners or joint proprietors
- Beneficiaries in succession or trust cases
- Parties to a sale agreement or lease
- Financial institutions with a charge or mortgage
- Individuals with a contractual or legal claim
- Government authorities protecting public interests
Step-by-Step Process
Step 1: Establish Your Interest
Demonstrate a legitimate interest in the land, such as ownership, contractual rights, or inheritance claims.
Step 2: Prepare Documents
Complete Form R.L. 22 (for cautions), provide a sworn affidavit, copy of title deed, and identification documents.
Step 3: Submit Application
Lodge the documents at the relevant Land Registry or through the Ardhisasa platform with the prescribed fee.
Step 4: Notification
The Registrar issues a written notice to the registered proprietor about the caution.
Step 5: Registration
After verification, the Registrar registers the caution in the land register.
Step 6: Receive Confirmation
Keep your receipt and confirmation as proof the caution was lodged.
Required Documents
| Document | Description |
|---|---|
| Prescribed Form | Form R.L. 22 (for cautions) as per the Land Registration Act, 2012 |
| Affidavit | Sworn affidavit explaining the nature of your interest in the land |
| Title Details | Copy of the title deed or the title deed number |
| Identification | Certified copies of national ID/passport and KRA PIN |
| Supporting Evidence | Sale agreement, grant of letters of administration, or other evidence of interest |
Costs and Timeframe
The government fee for lodging a caution is typically minimal, ranging from KSh 500 to KSh 1,000, though legal fees for advocate assistance may apply.
The process typically takes 1-2 weeks once all documents are properly submitted, though this may vary depending on the specific Land Registry's workload.
Cautions are generally valid for a specific period, such as one or two years, after which they may need to be renewed to maintain effectiveness.
Effects of a Land Caution
- Prevents registration of transactions (sale, transfer, or mortgage) without the cautioner's consent
- Ensures the cautioner is notified of any proposed dealings with the property
- Serves as a temporary measure to maintain status quo during disputes
- Appears on the title during land searches, alerting third parties to the claim
Removal of a Caution
A caution can be removed through:
- Withdrawal by the Cautioner: Submitting a formal request to the Registrar
- Court Order: If the caution is deemed invalid or malicious
- Registrar's Action: After due process if the caution is frivolous or unjustifiable
Frequently Asked Questions
A land caution is a legal notice registered against a property's title to protect an individual's or entity's interest in the land. It serves as a warning to prevent dealings like sale, transfer, or use as collateral without notifying the person who lodged it.
The government fee for lodging a caution is typically minimal, ranging from KSh 500 to KSh 1,000, though legal fees for advocate assistance may apply.
Cautions are generally valid for a specific period, such as one or two years, after which they may need to be renewed to maintain effectiveness.
Yes, a caution can be removed through withdrawal by the cautioner, by court order, or by the Registrar if deemed frivolous or unjustifiable after due process.
While both protect interests in land, caveats typically reflect a stronger legal claim than cautions. Caveats are often used when the caveator has a direct legal interest, while cautions protect unregistered or equitable interests.
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