|The Torrens System is no longer applicable. This means
that not only should an official search be done on a title
but also a pre-contract enquiry, historical search,
personal search and requisitions.
-The historical search was prompted by the Ndugu
Report of 2004 into illegal allocation of land. For one to
have access to the correspondence file, one needs to
write a letter to the land registry and access is granted.
The correspondence file contains details about origin of
each parcel of land from the initial allotment to any
subdivisions. The parcel file (for the Registered Land Act
or deed file (for Government Land Act and Registered
Titles Act) are the respective registers containing details
of property in question.
-Requisitions are such objection on queries arising from
perusal and deduction of title documents. This includes
questions directed to the vendor’s advocate relating to
the tenure of property, identity and description of the
property, execution of title documents. The purpose of
requisitions is to help give the purchaser title in
accordance with contract of sale. Condition 6.2 LSK
Conditions of Sale provide for requisitions and
objections to be made after contract has been executed
and, in any event, not later than 14 days.
|In the future, prospective buyers and genuine investors will
need to exercise a heightened sense of care and thoroughness.
They should meticulously examine the background of a
property’s ownership, tracing its history from its original
allocation to its present possessor. This meticulous
investigation is essential to verify its legality and authenticity
prior to any purchase commitment. In fact, in order for a
property title to be unquestionably secure, the buyer will now
be required to demonstrate that the entire allocation process
and subsequent ownership transfers adhered to proper
regulations and laws. Simply conducting a standard search at
the Ministry of Land will no longer suffice; instead, buyers
must delve deeper and obtain an officially certified
confirmation. To learn more about what a certified green card
is and what it entails, click