What you Need to Know about a title deed

A title deed is the document used to prove ownership of property. The document contains different details about the owner or the property. But what are the specifics about a title deed? Olive Digital News has spoken to Nelly Wairimu, a lawyer who breaks down details.

1.   What is a title deed?

A title deed is a legal document that provides evidence of ownership of real property, such as land. It serves as proof that the property owner has legal ownership and the right to use the property. Title deeds typically include information about the property’s description, the name of the proprietor(s), their national identification number and any encumbrances or restrictions on the property.

2.   What is the difference between a title deed and a certificate?

A title deed also known as Freehold Title is a legal document that proves ownership. A -freehold title is where the landowner has the maximum rights to the land without any time period or any other restrictions. A certificate of lease is the ownership document for a leasehold property. Leasehold is a form of land tenure where a lessee (occupant) holds rights to land for a specific period.

A share certificate is a document emanating from a company, which owns a certain parcel of land, as evidence of ownership of the property. However, the same is not issued by the government; and more often than not, one will find that a land buying company, even after issuing a share certificate; facilitates its members to process Title deeds or Certificates of Lease.

3.   What time is required to process a title deed?

The time required to process a title varies widely depending on the various land registries, completion period of the sale and the complexity of the property transaction. It can range from a few weeks to several months. The process involves conducting due diligence which involves verifying ownership, conducting property surveys, checking for liens or encumbrances, and completing the necessary legal paperwork.

4.    What if a title deed gets lost, what should happen?

Losing a title deed can complicate property transactions and ownership verification. It’s crucial to take steps to replace a lost title deed by contacting the relevant land registry or authority.

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5.   What is the time taken during a title deed transfer?

The time it takes to transfer a title also varies depending on the various land registries, and the complexity of the transaction. It generally involves verifying the legitimacy of the transaction, settling any outstanding stamp duty, getting the requisite land clearances -rates & rent (for leasehold properties) Land Control Board (LCB) consent where applicable valuation report and updating ownership records. The process can take several weeks to a few months.