How to Place a Title deed Caveat in a Land in Kenya

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;

  1. What is a property caveat in Kenya?
  2. How can one place a caveat on land or a house/ Steps to follow to put a caveat
  3. How are caveats removed
  4. What happens in cases where a wrong caveat in put

 

What is a Caveat?

 

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.

How to place a caveat in Kenya

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

  1. The prescribed form (Form R.L. 22)
  2. An affidavit explaining the interest of the person putting a caveat on the land
  3. A copy of the title deed (or the title deed number)
  4. The prescribed fee

 

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.

 

How a caveat is removed in Kenya

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;

  1. Through an application of another interested person, the registrar may serve a notice on the cautioner warning that his/her caution will be removed at the expiration of the time stated in the notice. 

If at the expiration of the time stated the cautioner has not objected, the registrar may remove the caution.

  1. Lodging of a caveat or caution without reasonable cause can lead to removal of the same by the registrar.

 

How a wrongful caution is dealt with in Kenya

 

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.