Upon completion of your studies at the University, you have recently beenaccepted for an internship opportunity at a law firm where you are presently attached tothe Partner in-charge of the Conveyancing Department. As part of your maiden role,Ms. Ong’era has tasked you with the responsibility requiring that you provide her with asuccinct write-up on the following issues;a) Give and explain at least four advantages that accrue to the process of registration ofrights and interests in land? (8 marks)b) Identify and explain the three sections of a title document (6 marks)c) Distinguish between Deeds Registration System and the Titles Registration Systemas applied under the repealed legislation operational in Kenya prior to May 2012
Question
Upon completion of your studies at the University, you have recently beenaccepted for an internship opportunity at a law firm where you are presently attached tothe Partner in-charge of the Conveyancing Department. As part of your maiden role,Ms. Ong’era has tasked you with the responsibility requiring that you provide her with asuccinct write-up on the following issues;a) Give and explain at least four advantages that accrue to the process of registration ofrights and interests in land? (8 marks)b) Identify and explain the three sections of a title document (6 marks)c) Distinguish between Deeds Registration System and the Titles Registration Systemas applied under the repealed legislation operational in Kenya prior to May 2012
Solution
a) Advantages of Registration of Rights and Interests in Land:
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Certainty of Title: Registration provides a clear, indisputable evidence of ownership. It gives the owner a title that is backed by the state.
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Facilitates Transactions: It makes the process of buying, selling, and mortgaging land easier and safer. The buyer can rely on the register to determine the status of the land.
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Prevention of Land Disputes: It helps in preventing land disputes as it provides a clear record of ownership and interests in land.
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Protection of Rights: It protects the rights of the owner against third parties. Once the rights and interests are registered, they cannot be defeated by a subsequent purchaser.
b) Three Sections of a Title Document:
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Property Description: This section describes the property in detail, including its location, size, and boundaries.
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Ownership Details: This section provides information about the owner of the property, including their name and address.
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Encumbrances: This section lists any encumbrances on the property, such as mortgages, leases, or easements.
c) Deeds Registration System vs Titles Registration System:
The Deeds Registration System is a system where the document (deed) that transfers property is registered. The system does not guarantee the validity of the document or the title it confers. It merely records that a transaction took place.
On the other hand, the Titles Registration System not only registers the document but also the title it confers. It provides a state-guaranteed title to the owner. The system is more reliable and secure as it provides certainty of title. The Titles Registration System was operational in Kenya prior to May 2012.
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