How to Remove a Caveat on Land in Kenya (2025 Guide)
A complete legal roadmap to clear your title fast, avoid costly delays, and secure your investment with CGEN Properties.
What Is a Caveat on Land in Kenya?
- A caveat is a legal notice lodged at the Land Registry that blocks any sale, transfer, charge, or subdivision until the dispute or claim is resolved.
- It is governed by the Land Registration Act, 2012 and can be placed by anyone claiming an interest in the land.
Why Caveats Are Placed
- Family inheritance disputes
- Boundary disagreements
- Breach of sale agreement
- Unpaid loan or mortgage
- Fraud or double allocation
5 Legal Steps to Remove a Caveat
- 1. Official Search – Confirm the caveat exists at ArdhiSasa or local Land Registry.
- 2. Identify the Caveator – Obtain the caveator’s name, address, and grounds for lodging.
- 3. Negotiate & Obtain Consent – Resolve the underlying dispute; secure a signed Form R.L. 28 (Withdrawal of Caveat).
- 4. Court Application – If consent is refused, file a suit or originating summons in the Environment & Land Court seeking removal.
- 5. Registry Update – Lodge the withdrawal form or court order at the Land Registry; caveat is removed within 14 days.
Costs & Timeline
- Consent withdrawal: KES 5,000–10,000 (legal & filing fees)
- Court process: KES 50,000–200,000 (lawyer + court fees)
- Timeline:
- Consent route: 2–4 weeks
- Court route: 2–12 months depending on dispute complexity
Frequently Asked Questions
Can I sell land that has a caveat?
No. A caveat freezes the title; no transfer, mortgage, or subdivision can be registered until it is removed.
How do I know if a caveat exists on my title?
Conduct an official search at the Land Registry or via ArdhiSasa. The search report will show any registered caveats.
What if the caveat was placed fraudulently?
You can apply to the court for urgent removal. If successful, the caveator may be ordered to pay damages or costs.
Do I need a lawyer to remove a caveat?
While not mandatory, a lawyer ensures compliance with legal procedures, speeds up negotiations, and represents you in court if needed.
CGEN Properties Caveat-Removal Service
- Free initial title search
- Negotiation & consent drafting
- Experienced land-law panel
- Fast-track court filing (where required)
- Registry follow-up until title is clear
Need Help Removing a Caveat?
Let CGEN Properties handle the paperwork, negotiations, and court process so you can regain control of your land—stress-free.
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Sources & Further Reading
Kimiti & Co. Advocates – Caution on Land in Kenya
Begi's Law – Kenyan Law on Cautions & Caveats
Law Guide – Process of Placing a Caution or Caveat
Denvers – Guide to Placing a Caveat
LinkedIn – Process of Handling a Caveat on Land
