CRITICALLY ANALYZE THE CHANGES BROUGHT ABOUT BY THE LAND REGISTRATION ACT 2012 IN THE MANAGEMENT OF REAL PROPERTY IN KENYA TAKING NOTE TO EXPLORE IN DETAIL THE FRAMEWORK THAT HAS BEEN RELACED.
INTRODUCTION
The land registration ACT is an act of Parliament to revise, consolidate and rationalize the registration of titles to land, to give effect to the principles and objects of devolved government in land registration, and for connected purposes. What was being revised is the old registration act which had to be altered to accommodate the changes in the government layout and the mountain of complains they were receiving from the public. The new act had to be physically more solid and efficient if implemented well. The loopholes that were found in the earlier act had to be done away with.
Land is one of the most controversial things in Kenya. So many people have been displaced and their land grabbed by individuals who have developed talent in this sector who have made it a business venture. Land that was designated for agriculture and also as green zone have been depleted which has led major cities in Kenya such as Nairobi unsustainable.
The current situation in Kenya is such that people do not know the boundary of their land and most of the time they encroach on peoples land which has led to major conflicts. The revised land registration act wants to remedy this situation so that Kenya can be a safe zone when for both the citizens and investors.
Land under Article 260
Source A is reliable but does not fully support the assertion. Source A, taken from a British-based research in 1997, intends to show how Mao’s preventive healthcare measures improved the peasants’ quality of life but “sparrowcide” had resulted in people having lesser grain as they were eaten by insects. Source A states that Mao had implemented the measures such as “basic healthcare and preventive services”, closing brothels and running campaigns against opium use to bring diseases and vices under control. However, by eradicating the sparrows in the Four Pests Campaign, “the insects ... now devoured the grains instead”.
There was a great question asked by numerous individuals in the eighteenth century with what happens to people’s lives when their country is a colony of another country. This was very important to Americans when they were being ruled by Great Britain, and even to this day it remains important when countries find themselves controlled by more powerful outsiders. But what is colonialism? Colonialism occurs when one nation takes control of another. Kenya’s experience as a colony of Great Britain gives us more of an idea of what being colonized meant both to the people being controlled and to those who control them. Although it seems hard to believe, Kenya was created by the Europeans and generally this had a positive on effect on Kenyans because it began development.
The proprietary right is protected by overriding interest under Section 70(1)(f) of Land Registration Act 1925 (LRA1925). Limitation Act 1980 stated requirement towards the squatter where he is in factual possession to the land for a period of 12 years continuously and is not objected by the land owner, he will obtain a title towards the land. However, Land Registration Act 2002 (LRA 2002) brings changes towards this proprietary right where it provides a new set of rules which
The iconic movie “The Castle” portrays the issue of land resumption as a story where a little Aussie battler fights against the establishment and wins. However, recent high-profile cases highlight that real-life land acquisitions are far more complex. The north-west rail link in Sydney has resulted in over 1000 people receiving acquisition notices and 30 Brisbane residents will have their houses resumed in order to widen a motorway. Both cases have created considerable confusion and distress for property owners.
During the time period 1850-1914, even though Britain imperializing, Kenya was, in turn, very beneficial for the inhabitants of Kenya. However, the direct rule of Britain put Kenya through a massive transition from being independent to being colonial dominant, in which the natives of Kenya had lesser rights than did before and were treated inhumanely. Before being imperialized, Kenya was already divided into forty-two tribes. The two main kinfolks to be known are the Masai and the Kikuyu. These tribes helped in making the country's diversity, rich culture and heritage. Nonetheless, Kenya didn’t have much global contact; however, they did trade with the Arab merchants but kept it limited because they wanted to preserve their traditional
Torrens title is a statutory scheme that was introduced by the Real Property Act 1900 (NSW) and consequently abolished the problems inherent in the Old System title. One of driving forces behind the change was due to the uncertainty and cost instigated by a land transfer system, which solely relied on a chain of title deeds. This new system represented a dichotomy between registered and unregistered interests, and according to section 31B of the Real Property Act 1900 (NSW), the Registrar is now an integral part of the Torrens title. The Torrens system means that an individual will only need to construct a certificate of title for evidence of ownership, compared to producing an abundant of deeds. Therefore, when addressing the hypothetical problem question and dealing with multiple interests to the property, it is vital to consider the nature of the parties claims. This essay will address the issues raised by the hypothetical problem, by addressing the nature of the contracts of sale of land, indefeasible titles and the exceptions to such titles, priorities of interests, caveats and remedies available for mortgagees. Ultimately, we will be unraveling whose interests are prioritized over the property and the remedies available to those that have been negatively impacted by their interest over the property.
There are a magnitude of distinctive concerns that a purchaser would have regarding the property in question. First of all, since the purchaser would want to change what the property is being used for, the one would need to know that they can make the necessary changes to the operation of the land and that
Being one of the most extensive law reforms of the Law Commission, Land Registration Act 2002 aims to create a flawless legal framework for land registration, especially in terms of conveyancing with emphasis on overriding interests and adverse possession. It is agreed that the Land Registration Act 2002 (hereafter LRA 2002), by putting emphasis on strict registration, moved the idea of land ownership from ownership by possession to bureaucratization of title via registration. Therefore, LRA 2002 is said to bring further strictness and clarity to land ownership and subsequent conveyancing. In conjunction, LRA 2002 was expected to bring an “e-conveyancing revolution” to land registration which was awaited to be a major success. Although steps are taken towards this development, it is claimed that there is still long way to go before a complete and problem-free e-conveyancing system. Apart from matters relating to conveyancing, LRA 2002 consists of sections regarding overriding interests where their number and scope are widely reduced with specifications of registration introduced. Moreover, the Act includes strictly drafted provisions about adverse possession, aiming to bring further restrictions to this matter by bringing further difficulties to the acquisition of title and therefore shifting from a squatter prone approach to a registered owner supporting view.
One of the key challenges facing the development of infra¬structure in India is the acquisition of land. Landowner¬ship confers tangible benefits such as shelter and liveli-hood, as well as intangible benefits such as security and a stand¬ing in society. Landowners are thus often reluctant to part with their land unless mutually acceptable terms including compensation are agreed upon. Problems arise when land is required for “pub¬lic purpose” and the state can invoke laws that allow for com¬pulsory acquisition through ‘eminent domain’ . Often, the land acquisition process is neither consultative nor transparent. Further, land-titles are unclear and identifying parties eligible for compensation is rendered difficult. Finally, the compensa¬tion, and resettlement and
The Land Registration Act (LRA) 1925 has drawn much flak over the years with regards to one of its most important provisions on overriding interests (OI), which often goes unnoticed until it swoops up and takes priority over the rights of a future purchaser. These interests often come in the form of other occupiers in the property with an equitable interest and, like in the case of Boland , this leaves the lender in a tight spot when they find out about the existence of these interests only after they have initiate proceedings for possession against the defaulting borrowers. Due to the other occupier’s concealed nature on the property register, the lenders have regained their footing by applying the concept of overreaching and ….. The Law Commission, on the other hand, contemplated abolishing these interest altogether but did not go to that extent because it was neither feasible nor desirable Instead, they shrank their impact on land by reforming the operation and scope of the OI. With LRA 2002 sch 3 para 2, lenders now have more control over what may bite them. …. This essay will access…. with a focus on how the lending world have dealt with the implications of Boland…. The best way to access the impact of … would be to go through the pre – post blabla to show how the thing has balanced.
Kenya’s coastal area is hot and humid tropical region. Beautiful sandy beaches, lagoons and swamps, and patches of rain forest line the coast. Inland, a vast plains area stretches over about three-fourths of Kenya. Its extremely dry climate and generally poor soil support only scattered plant life. The highlands in the southwest receive enough rainfall and offer enough fertile soil to support extensive farming (“Kenya”).
The government's move to acquire fertile agriculture lands for industry has agitated the farmers who are dependent on the lands for livelihood. Ever since the notification regarding the acquisition was published by the state revenue department on December 4 2008, the farmers to be affected have been holding meetings in Haripura, Charal, Bol and Siyawada villages and have decided to launch an agitation against the acquisition of their lands. However Government declared that it was not taking for free and the price of the land at Rs 1,200 per square
The paper seeks to understand the political, social and cultural variables that have thrown Kenya into the geo-political limelight insofar as the so-called ‘War on Terrorism’ is
The country is a key investor within the East African commmunity, while the largest chunk of intraregional trade is due to Kenya. However, economic
Land development is dependent on land acquisition to initiate the development process and the project. Without the appropriate land, communities