Surveyors Review Proposed Regulations

Surveyors Review Proposed Regulations

Cadastral, Surveying
Members of the Institution of Surveyors of Kenya held a consultative meeting with the taskforce established by the Cabinet Secretary to come up with regulations on Land Act (2012) and Land Registration Act (2012). The meeting was held on 16TH May at the Sarova Panafric Hotel, Nairobi. [caption id="attachment_268" align="alignnone" width="1600"] Surveyors review Land Law Regulations[/caption] The following were the key areas that were canvassed: Controlled Land - while the constitution specifies only three categories of land (public, private and community land), the surveyors raised concern that the Cabinet Secretary was trying to bring in a new category known as "controlled land" which is being put beyond the reach of NLC. They requested the task force to relook into the issue. Spirit of Devolution - some surveyors felt that the…
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What are the advantages of using Sectional Properties Act instead of Subleases

What are the advantages of using Sectional Properties Act instead of Subleases

Cadastral, FrontPage, Surveying
The National Housing Survey Report of March 2015 established that 75% of the new housing development projects in Kenya are of a high-rise nature. Most practitioners in the field are currently using the Registration of Documents Act (RDA 1901) to register subleases. In this article, part of the reap benefits living together series, we are going to compare the popular practice of registration of subleases against the registration under the Sectional Properties Act. Registration RDA provides for the registration of any document registrable under the provisions of the Government Lands Act (Cap. 280), the Registration of Titles Act (Cap. 281), the Land Titles Act (Cap. 282) or the Registered Land Act (Cap. 300). SPA provides for registration under RLA. Unfortunately, all of these laws were repealed in 2012 and shall…
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When you buy an apartment, what exactly do you buy – and what do you get?

When you buy an apartment, what exactly do you buy – and what do you get?

Cadastral, Surveying
In this article, part of the reap benefits living together series, we are going to look at what it really means to buy an apartment under the Sectional Properties Act (SPA). This act provides the legal framework for the registration of stratified interests in land (usually buildings). When you buy a unit registered under SPA, you do not privately own the building - not the roof or the floor or the load bearing walls. You do not own the wires and pipes embedded in them. It is therefore important to really understand what you are buying. The sectional properties act has a very clear distinction between common property and what is privately owned. Common property is owned by everyone who owns one or more units in the property. The obligation…
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Fixing your Parcel Boundaries

Fixing your Parcel Boundaries

Cadastral, FrontPage
One of the legacies of colonial rule in Kenya is the land management system. The colonial government left us with two types of land - land meant for settlement by white settlers (in big urban areas and white highlands) which was very accurately surveyed as well as land meant for natives (in the native reserves). The colonial establishment did not have the time (or interest) to have native parcels accurately surveyed. As a result, the vast majority of land parcels are under what is called general boundaries. All the successive post colonial governments have not considered rectifying this a priority. In the map below, we can see the current cadastral map for Kibera Primary School. This map does not indicate any positions, bearings or area. It only conveys the shape…
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How to Register Sectional Property

How to Register Sectional Property

Cadastral, FrontPage, Surveying
This is the second article in the series how to reap benefits living together. In our previous post, we looked at an overview of sectional property laws in Kenya. In this article, we will look at the specifics of registering sectional property. First and foremost, under the Sectional Properties Act (SPA), registration is only applicable for existing buildings - you cannot register virtual property . I know buying property "off plan" is popular - but the act in its current form does not permit this. You cannot also register sectional property containing only one unit - there must be two or more units. As a result, you need to ensure that you have obtained all the regulatory approvals from your local authority and have engaged professional expertise in the construction…
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