GUIDEBOOK_ON_PROCEDURES_AND_PROCESSES_OF.pdf

GUIDEBOOK_ON_PROCEDURES_AND_PROCESSES_OF.pdf - Guidebook on...

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Guidebook on Procedures and processes of land administration in Kenya Institution of Surveyors of Kenya, 10th Floor, Reinsurance Plaza, Aga Khan Walk, P.O. Box 40707-00100, Nairobi. Tel: +254-20-313490, Fax: +254-20-2214770 Mobile: +254 724 929737/+254 737 929737 Email: [email protected] Website:
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ii Guidebook on Procedures and processes of land administration in Kenya Contents INTRODUCTION iii 1.0: ACCESSING LAND RIGHTS IN KENYA 1 1.2: Methods of Accessing Ownership to Land: 2 1.3: Acquisition of title through Inheritance/Succession 10 1.4: Acquisition of Title under unique circumstances 15 2.0: LAND SUBDIVISION AND SURVEY 17 3.0: RIGHTS AND OBLIGATIONS TO LAND 19 3. 1: Fundamental rights to property ownership 19 3.2: Rights of women, Spouses, Children and other vulnerable groups 20 3.3: Obligations of land owners: 22 3.4: Restraints on Dispositions: 22 3.5: Overriding Interests: 24 4.0: LAND DISPUTE RESOLUTION PROCEDURES AND PROCESSES 25 4.1: Formal methods of Land Dispute Resolution: 26 5.0: HOW TO DERIVE MAXIMUM VALUE FROM LAND 29 5.1: Charges 29 5.2: Mortgage 30 5.3: Land Rentals and Leases 30 5.4: Other Methods of Increasing Value of Land 31 5.5. Application for Development 32 6.0: INSTITUTIONS INVOLVED LAND ADMINISTRATION IN KENYA 35 APPENDICES 39 Appendix 2 39 Glossary of Terms Used in Land Administration 39 Appendix 3 42 Appendix 3 43 Appendix 4 44 Appendix 5 44 Appendix 6 44
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INTRODUCTION The Kenya national land policy recognises that land administration systems in Kenya are not accessible by the poor, women, and other vulnerable groups. The policy further acknowledges the need to educate, sensitize and create wider awareness on land administration issues among the poor and vulnerable in order to empower them through knowledge and information on land administration process. This booklet, together with the land clinic programmes launched by ISK intends to contribute towards solving this problem by empowering the vulnerable groups with knowledge and information on land administration procedures, processes, rights, obligations and dispute resolution mechanisms in a more simplified manner. The first chapter of the booklet presents information on procedures and processes of accessing title under different circumstances; the second chapter presents information on land rights with emphasise on fundamental rights and the rights of women and children; the chapter also mentions some of the obstacles that can restraint access to some rights to land together with the obligations of land owners; chapter three deals with methods of handling land disputes and recommends the use of alternative dispute resolution mechanisms; chapter four presents means of maximizing land values beyond production and settlement. The final chapter deals with institutions of land administration. The format adopted in this presentation start by identifying the problem, followed by legal procedure and processes used to solve the problem and relevant actors including government officers and relevant professional.
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1 Guidebook on Procedures and processes of land administration in Kenya 1.0: ACCESSING LAND RIGHTS IN KENYA
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  • Spring '16
  • Land rights, land administration

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