How to determine if the title deed is freehold or on the Lease
To determine whether a title deed in Kenya is for freehold or leasehold property, you can follow these steps:
Check the Title Deed: The most straightforward way to determine the property's tenure (freehold or leasehold) is by examining the title deed itself. The title deed should clearly state whether the property is freehold or leasehold. You can obtain a copy of the title deed from the seller or the Ministry of Lands in Kenya.
Visit the Ministry of Lands: You can visit the Ministry of Lands or the relevant land registry office in Kenya to confirm the tenure of the property. They can provide you with the necessary information and documentation related to the property, including the title deed, which will specify whether it's freehold or leasehold.
Consult Legal Experts: If you have any doubts or need legal clarification, it's advisable to consult with a qualified lawyer or legal expert specializing in real estate matters. They can review the title deed and provide you with guidance on the property's tenure.
Talk to the Seller: It's a good practice to discuss the tenure of the property with the seller or their representative. They should be able to provide you with information regarding the property's status and, ideally, show you the relevant documentation, such as the title deed.
Examine Property Documents: Apart from the title deed, other property documents like the lease agreement or any correspondence with the relevant authorities may provide information about the tenure of the property.
Research Property History: Research the history of the property, as well as the land tenure system in the area where the property is located. Some regions in Kenya may have a predominant tenure type, so understanding the local context can be helpful.
Consult Land Surveyors: A land surveyor can assist you in determining the tenure of the property and provide details about its boundaries and tenure status based on the survey plan.
Remember that leasehold and freehold properties have different legal implications and responsibilities for the owner. Freehold properties provide greater ownership rights, while leasehold properties involve leasing the land for a specified period. It's important to be clear about the tenure status of the property before making a purchase, as it can affect your long-term plans and obligations related to the property.
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