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 Unfortunately, all of these laws were repealed in 2012 and shall…
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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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How to Reap Benefits Living Together

How to Reap Benefits Living Together

FrontPage, Surveying
Living in a flat is not the preferred option for many people. There is the noise of you neighbour's children stamping their feet and jumping day and night - and the horror of a leaking toilet percolating to your toilet or flooding in the ground floor caused by blocked drainage pipes that were clogged by someone else. Living together is hard. But living together has its benefits - you share some costs you otherwise would need to foot on your own - for example hiring day and night guards as well as shared garbage disposal. Some people find apartments more secure because if you have a good relationship with your neighbours, they can keep an eye on your premises when you travel. The close proximity also makes it easier to…
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The smart secret to keep your farm green during drought

The smart secret to keep your farm green during drought

Agricultural Technology, FrontPage, GIS, Mapping, Surveying
Times of drought can be very depressing. It is very hard for a farmer to deal with the death of their livestock because of hunger - or to look at bare soil where once was lush green vegetation. Smart farmers have discovered that keeping their grass greener for longer, helps them stretch their pasture into the next season. Their secret is ploughing along contours to ensure their soil absorbs a maximum amount of water. Contour farming is growing crops "on the level" across or perpendicular to a slope rather than up and down the slope. The rows running across the slope are designed to be as level as possible to facilitate tillage and planting operations on the contour. Our clients, who are farmers have found that ploughing along a contour…
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