This is a detailed guide on the process of registering land for caution in Kenya. Caution means a notice in the form of a register to the effect that no action of a specified nature in relation to the land in respect of which the notice has been entered may be taken without first informing the person who gave the notice.
Caveat is also used together with cautions and it means to warn. The lodging of a caveat over a property is a way of telling anyone who wants to deal with the property to be aware of the fact that someone else’s interest already has priority.
Any person who is claiming a contractual or other right over land amounting to a defined interest capable of creation by a registrable instrument, for example a lease, may lodge a caution with the Registrar against any dealing which is inconsistent with his or her interest.
How to Register Caution
If you are interested in a piece of land and want to prevent any other person from dealing with the land in a malicious way, then you can register for caution for the said parcel.
The Caution forbids to a certain extent, the registration of dealings and the making of entries in the register relating to the land without the cautioner’s consent or until the caution has been withdrawn by;
- The cautioner or;
- Removed by order of the Court or;
- The Registrar.
The registrar then gives notice in writing of caution to the proprietor whose land, lease or charge is affected. So long as the caution remains registered, no disposition which is inconsistent with it shall be registered, except with the consent of the cautioner or by order of the court.
Process of Registering For Land Caution in Kenya
You require the following documents
- Prescribed fees
- Copy of the title
- Affidavit explaining your interest (Cautioner) in the land
- Form R.L. 22 as prescribed
You don’t need to give the proprietor of the land any notice before lodging caution.
How to Remove/ Withdraw Caution
The person lodging Caution can remove it, or by order of the court, or subject to Section 73 (2) of the LRA, by order of the Registrar, if such person fails to remove it after being served with a notice to do so by the Registrar.
If another person is interested in the land under caution, then the Registrar may serve a notice on the cautioner warning him that his 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.
If the cautioner objects to the removal of the caution, they shall notify the Registrar of the objection within the time specified in the notice, and the Registrar shall, after giving the parties an opportunity of being heard, make such order as the Registrar considers fit.
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