Services Under Land Registration Section on Ardhisasa Platform
Ardhisasa is an online platform that allows Citizens, other stakeholders and interested parties to interact with land information held and processes undertaken by Government.
Ardhisasa is an online platform that allows Citizens, other stakeholders and interested parties to interact with land information held and processes undertaken by Government. At the click of a button, users will now be able to search and carry out various land transactions, drastically reducing human interactions, delays and other inconveniences previously experienced at manual land registries.
Land registration is the official recording of legally recognized interests in land and is usually part of a cadastral system. Legally, this is different from deeds registration, where the documents filed in the registry are the evidence of title, and registration of title, in which the register itself serves as the primary evidence.
Cadastral is a map showing the extent, value, and ownership of land, especially for taxation. Speaking about the conversation of land and the important of cadastral map for the process, the cabinet secretary for land and physical planning, Farida Karoney stated that the process starts with preparation of cadastral maps and the conversion list indicating new and old numbers for parcels within a registration unit, and their corresponding acreage. Cadastral maps are very detailed, indicating size, ownership and ownership changes, providing a continuous record.
To access any land services in Kenya from the Ministry of Lands, Ardhisasa is the right platform. Unlike the old days when things were done manually, you can access the services anywhere and instantly. Simply register an account, then log in to the platform to request the service you need. Therefore, when you get into Ardhisasa platform, there are six services tabs which you can easily access depending on the services one may want. Below is the summary for those services.
Under land registration: Registration of a certificate of either titles or leases, replacement of titles, a search of the property and various charges and transfer of property.
Land Administration. Subdivision of land, extension or renewal of the lease, change of user, lease preparation, and subdivision of property.
Physical planning. Approval of part development plans, plan preparation and certificate of compliance.
Survey and mapping. Search for sectional property, application of new grants, amalgamation (merging) of property and also an application for re-survey.
Valuation: asset valuation, government leasing, government purchase, estate administration and arbitration.
Adjudication and settlement. Users can access formal judgment on a disputed case as well as settlement agreements.
National Land Commission. Users can access land allocation services.
For this particular articles we are going to look at land registration and services related to land registration that you will likely want when interacting with Ardhisasa. These services are greatly being informed by the Land Registration Act which gives provision on Certificate of title and Certificate of lease, production of certificates, procedure for claiming indemnity, transitional provisions on rights, liabilities and remedies of parties over land among others.
Under land registration tab:
Like most government service-oriented digital platforms, the NLMS system commonly known as Ardhisasa is self-service. This is to eliminate the presence of third parties, thus reducing the risk of fraud, reduce the risk of missing files which has been a problem in the land sector for ages. Therefore, as in other tabs, below are the services which you can easily get under land registration tab
1) Application for issuance of cautions and restrictions and registration of executors
A Caution is 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. A Caution is registered in order to protect the interests of a party claiming to have a proprietary interest in a property.
Documents to apply caution
v Caution application form (3 original)
v Letter from area chief (copy)
v PIN certificate (copy)
v Identity card
v Passport (original)
2) Leases short term and long term
A lease is a contract outlining the terms under which one party agrees to rent an assetâ€”in this case, propertyâ€”owned by another party. It guarantees the lessee, also known as the tenant, use of the property and guarantees the lessorâ€”the property owner or landlord, regular payments for a specified period in exchange. A short-term lease generally refers to a lease that is either month-to-month, for three months or anything up to six months, while a long-term lease is anything longer than six months.
Registration of title deeds and leases
The process of transferring a title deed is as follows:
v the purchaser obtains a land rent clearance certificate
v The seller then needs to apply, pay and obtain a rates clearance certificate from the county office in which the land is located. The certificate cost around Ksh 10,000.
v Apply for a search on the title deed which takes not more than 3 working days at a cost of Kshs 500.
v The seller then needs to apply for and obtain the consent to transfer from the National land commission. The document costs about Kshs 1,000 and takes not more than 2 weeks.
v Valuation of the land by government valuer to ascertain the amount to be paid as stamp duty.
v Paying the stamp duty, the amount indicated on the valuation report is then to be paid to the commissioner for Domestic taxes (KRA) and the payment receipt presented as proof.
v The final step of the transfer is to lodge stamped transfer documents for registration at the local land office. This process takes no more than 2 weeks. and title deed is a document that proves ownership and legal right over a piece of land.
3) Replacement of title deeds
Following the closure of the old registers, the Registrar is obliged to give announcement to Kenyans on the replacement of the titles. The Order provides a specific form (Form LRA 97) to be used by land owners applying for the replacement of their old title documents. The completed application form will need to be accompanied by the person’s original title document, KRA pin, applicant photograph, a certified copy of their national identity card or passport, or similar details of directors, in the case of companies.
1) Report and obtain a police abstract from the nearest police station.
2) Apply for a search of the lost title deed
3) Place a caveat protecting your property from illegal transactions
4) Filing of a statutory declaration
5) Publishing of your name in the Kenya Gazette
6) Confirmation of whether the title deed replacement procedure was dully followed
7) Green Card and White Card entries. A green card is issued when the land is freehold. A white card issued when the land is leasehold.
4) Land searches and transfer of title
Land search is an application made to find out the ownership details of a property, and other interests that have been registered on that property.
Process of doing land search on Ardhisasa.
v Log into your account using your ID number and your password.
v On the left hand side click on services.
v Under land registration option, click search.
v Click on new application.
v Under search details enter the parcel number and click add parcel. Ensure to use the correct title number or parcel number.
v Enter the purpose for search.
v Select scope of search which is either particulars of the subsisting entries in the register or particulars noted on the property section / proprietorship section / power of attorney register / registered documents register. Click next to proceed.
v Confirm details and submit.
Kenya online search is a paid feature, which costs Ksh 500 per search. The money is payable through M-PESA, ATM card, or credit card. The payment platform is fully integrated into the Ardhisasa platform, with all the instructions on how to pay provided.
While in the past, land registration has been more hectic and confusing leaving holes where the cartels are taking money from the citizens, the ministry of land is in the process of moving land sector into digital system with an aim of making work easy for its service provision. The process will now be easier since you will be able to do most of the steps online. This means that there will be a new process that will be fast and easy. We premier will still bring you the latest development in the land sector. We will be able to assist you for any services you may require.