CONVEYANCING

USEFUL TERMINOLOGY AND GENERAL REQUIREMENTS IN PRACTICE

G.L.A R.T.A R.L.A

CAP 280 CAP 282 CAP 300

TITLE TITLE DEEDS GRANT / LAND CERTIFICATE/

DOCUMENTS CERTIFICATE OF TITLE DEED
TITLE / LEASE /CERTIFICATE OF
LEASE

SALE CONVEYANCE/ TRANSFER TRANSFER OF

ASSIGNMENT LEASE / TRANSFER
OF LAND

INTEREST FREEHOLD LEASEHOLD / ABSOLUTE /

FREEHOLD LEASEHOLD

SECURITIES LEGAL / EQUITABLE LEGAL / EQUITABLE CHARGE

MORTGAGE CHARGE

PARTIES TO MORTGAGOR / CHARGOR / CHARGOR /

SECURITIES MORTGAGEE CHARGEE CHARGEE

EXECUTION OF MORTGAGOR BUT CHARGOR ONLY BOTH CHARGOR

SECURITIES BY: NO HARM BY IF AND CHARGEE
MORTGAGEE TOO

EXECUTION OF TRANSFEROR AND TRANSFEROR ONLY BOTH TRANSFEROR

TRANSFERS AND TRANSFEREE AND TRANSFEREE
CONVEYANCES
BY:

REQUIREMENT OF LEASES OF MORE LEASES OF MORE LEASES OF MORE

REGISTRATION THAN ONE YEAR THAN ONE YEAR THAN TWO YEARS
OF LEASE AND LEASES WITH AND LEASES WITH
OPTION TO RENEW OPTION TO RENEW
AND WITH RIGHT AND WITH RIGHT
 TO LESSEE TO TO LESSEE TO
PURCHASE PURCHASE
REVERSION REVERSION

REQUIREMENT OF COMMISIONER’S COMMISSIONER’S COMMISSIONER’S

CONSENTS CONSENT TO CONSENT TO CONSENT TO
MORTGAGE OR CHARGE AND CHARGE FOR
CONVEYANCE NOT TRANSFER LEASEHOLDS BUT
REQUIRED REQUIRED FOR NOT FOR ABSOLUTE
LEASEHOLD INTERESTS
INTEREST BUT NOT
FREEHOLD

LAND RENT AND NOT REQUIRED LAND RENT LAND RENT FOR
LAND CLEARANCE CERTIFICATE FOR LEASEHOLD BUT
CERTIFICATE LEASEHOLD BUT NOT ABSOLUTE
NOT FOR INTERESTS
FREEHOLD

REQUIREMENTS
OF TITLE
DOCUMENTS AT DEEDS NOT GRANT/CERTIFICAT CERTIFICATE OF
LANDS OFFICE REQUIRED BY E OF TITLE ARE A LEASE OR TITLE
ON LANDS OFFICE MUST BEFORE DEED NOT
PRESENTATION REGISTRATION OF REQUIRED AS A
OF INSTRUMENTS CHARGE AND MATTER OF LAW TO
FOR TRANSFER SUBJECT REGISTER A
REGISTRATION TO EXEMPTION CHARGE BUT
MATTER OF
(SEE s. 65 R.T.A.) PRACTICE

RELEASE OF RECONVEYANCE / DISCHARGE DISCHARGE

SECURITIES RE-ASSIGNMENT

RATES REQUIRED REQUIRED REQUIRED FOR

CLEARANCE PROPERTIES TO
CERTIFICATE WHICH THE RATING
ACT APPLIES
(MUNICIPALITIES)

COMMON CAVEAT CAVEAT CAUTION

ENCUMBERANCES
PROHIBITION PROHIBITION INHIBITION

MORTGAGES CHARGES CHARGES

RIGHTS OF PROFITS PROFITS PROFITS
OTHERS OVER
LAND NOT EASEMENTS EASEMENTS EASEMENTS
OWNED BY THEM
OVERRIDING (S. 30)

NOTE: (1) LAND CONTROL BOARD CONSENT REQUIRED FOR ALL CONTROLLED
TRANSACTIONS UNDER THE ACTS UNLESS EXEMPTED.

(2) TERMINOLOGY UNDER THE SECTIONAL PROPERTIES ACT (NO. 21) OF 1987 WILL
BE TREATED SEPARATELY.

(3) INCOME TAX CHARGES MAY BE REGISTERED AGAINST TITLE WHERE TAX IS
OWING (CAP 470)

STAMP DUTY:
TRANSFER OF IMMOVABLE PROPERTY - WITHIN MUNICIPALITIES - 4%
-OUTSIDE MUNICIPALITIES - 2%
NOTE: BASED ON PURCHASE PRICE

MORTGAGES & CHARGES – KSHS. 2/- PER 1,000/-

NOTE: BASED ON AMOUNT SECURED NOT ON THE AMOUNT OF LOAN

DISCHARGE OF CHARGE – (RECONVEYANCE OF MORTGAGE) – 0.5 CENTS

PER KSHS. 1000/-
NOTE: BASED ON AMOUNT ORIGINALLY CHARGED/MORTGAGED

LEASES – BASED ON ANNUAL RENT PAYABLE.

EXCEEDING 1 YEAR BUT LESS THAN 3 YEARS - 1% OF ANNUAL RENT
EXCEEDING 3 YEARS BUT LESS THAN 5 YEARS – 2% OR KSHS. 20/- PER 1000/-

GIFTS INTERVIVOS – BASED ON VALUE OF PROPERTY AS TRANSFER ABOVE

TESTATE AND INTESTATE TRANSMISSIONS – NOMINAL STAMP DUTY PAYABLE BUT

BENEFICIARY TO 3RD PARTY IS TREATED AS TRANSFER AND BASED ON VALUE AS ABOVE.

AGREEMENTS FOR SALE – KSHS. 110/-