The Cabinet Secretary for Ministry of Lands and Physical Planning, pursuant to Section 6 of the Land Registration Act and to the Land Registration (Registration Units) Order 2017 (Click here) published a conversion list vide Gazette Notice No. 11348 (Click here). The Cabinet Secretary is mandated under Regulation 4 (4) of the Land Registration (Registration Units) Order 2017, to publish in the Gazette a conversion upon receipt of the same from the Registrar within 30 days.
The notice indicates that all transactions and dealings relating to parcels with the registration unit shall from the 1st of April 2021, be carried out in the new register.
Any parties that are aggrieved by the conversion list may proceed to make a complaint vide form LRA 96 and apply to the Registrar for the registration of a caution vide LRA 67, pending the resolution of the complaint.
The Cabinet Secretary for Ministry of Lands and Physical Planning, issued a Press Statement on 12th January 2012, (Click here) with a view to guiding registered owners on the process of conversation.
The effect of conversion of titles
- All titles shall be issued under the Land Registration Act, 2012 and the old registers with respect to the titles in the conversion list shall be closed.
- Upon application by proprietors, documents held by third parties, such as banks shall be replaced. Essentially, this means that Financiers shall have to procure replacement charges upon application by the proprietors of the new titles.
- The Registrar shall on any subsequent transactions, replace title documents issued from closed registers, for any proprietors that have not made an application for replacement of title as per the regulations.
The issues that have not been addressed
- The issues of costs for procuring replacement of titles have not been addressed. It is not clear on whether the proprietors will be charged any fees for the replacement of titles.
- There is no stipulated timelines within which titles must be replaced.
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