Over time there has been an increased number of property owners who are putting caveats and cautions in properties in Kenya.
This blog intends to share all details regarding caveats in Kenya as shown below;
According the Ministry of Land, a caveat is a warning or a caution put against a property to prevent any action being taken on the property.
The lodging of a caveat over a property is a way telling anyone who wants to deal with the property to be aware of the fact that someone else’s interest has already been prioritised.
A caveat is a general notice in the form of a register to the effect that no action in relation to the land/house will be taken without first informing the person who gave the notice.
There is a laid down step by step procedure on how someone can place a caveat in Kenya. But before that, below are the documents required when placing a caveat.
Documents requirement to place a caveat on land for sale
The registrar then gives a notice in writing to the proprietor whose property is affected.
As long as the caution remains registered, no disposition which is inconsistent with it shall is registered, except with the consent of the person who put a caution or by order of the court.
A caution can be removed by the person lodging the same, by a court order or by the Registrar. The Registrar can remove a caution through the following different ways;
If at the expiration of the time stated the cautioner has not objected, the registrar may remove the caution.
Any person who lodges or maintains a caution wrongfully and without reasonable cause shall be liable, in an action for damaged at the suit of any person who has sustained damage, to pay compensation to such person.