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Frequently Asked Questions About Real Estate.
Section 40 of the Constitution of Kenya stipulates that every person has right to own land of any description in any part of Kenya. The National Land policy 1.5.1 (7), (c), (d) put more emphasis on gender equity and land rights.
This is when there is no will left by the deceased (intestate). In case the deceased left one surviving spouse and a child or children, the surviving spouse shall be entitled to:- • The personal and household effects of the deceased • The intestate property but cannot sell this intestate property as the spouse is holding it on behalf of the children. If the spouse remarries, he/she loses his/her entitlement to the intestate property. Where the deceased has left a surviving child or children but no spouse, the intestate property will be transferred to the surviving child or divided equally among the surviving children. Where the deceased left no surviving spouse or children, the intestate shall be transferred in this order of priority: • Father; or if dead, • Mother; or if dead • Brothers and sisters, and any child or children of deceased brothers and sisters, in equal shares; or if none • Half -brothers and half sisters, and any child or children of deceased half-brothers and half-sisters, in equal shares; or if none • Distant relatives up to the sixth degree in equal shares. If the deceased is not survived by any of the above then the intestate property estate shall be taken up by the state
As an owner of a beneficial interest in the land property, you can be part of making decisions involving the property, including how it is used and developed, and get a share of any income that is distributed from the property..
This is a signed plan by the Director of Surveys showing the precise particulars of a surveyed piece of land. It shows the details such as the shape of the plot, the distances and bearings all-round the plot, scale of plotting, Deed plan number, land reference number, size of the plot in hectares, signature of the Director of Surveys, the date of authentication by the Director of Surveys and above all, it shows if the plot is a New Grant or an extension of lease. This in practice is under the provisions of Registration of Titles Act (RTA). The Deed Plan once duly prepared is attached to a certificate defining the current owner and any endorsements by the relevant Registrar in the event the property has changed hands or there are encumbrances therein whatsoever relating to the plot.
The Functions of the Community Land Boards are;
- a. To Hold and manage Community land,
- b. Document all Community land,
- c. Regulate all transactions in community land and facilitate the recording and issuance of titles for Community land by the National Land Commission.