Class IV B Land Registrat3eeeeeeeeeeeeeeeeeeeeeeee
DuncanWachira3
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Sep 10, 2024
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Language: en
Added: Sep 10, 2024
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LAND REGISTRATION Land registration is the official recording of legally recognised interests in land and is usually part of a cadastral system. From a legal perspective a distinction can be made between deeds registration, where the documents filed in the registry are the evidence of title, and registration of title, in which the register itself serves as the primary evidence . Thus, there are in place two types of registration systems 1. Registration of Deeds 2. Registration of Title These two are quite distinct. The registration of deed system entails maintenance of a public register in which documents affecting interests in a particular registered land are copied. Such a deed is merely evidentially of the recorded transaction and is by no means proof of title.
The most that can be made out of a deed is to invoke the records as prima facie proof of the fact that the transaction in question did occur. It cannot and will not suffice to prove the validity or legitimacy of such transactions. As a matter of requirement the deed does not even have to be consistent with any registered transaction which may have previously taken place in connection with the property in question. Consequently the deeds system cannot confer any secure title to land in favour of the person in relation to whom the registration of the deed has been executed.
Accordingly the reliance on the deed system is as risky as reliance on the unregistered system as it entails a historical deduction of the title in respect of the property in question if one is to be sure that the title is good and well rooted. There are no govt guarantee in regard to deeds and so there is no guarantee as to the accuracy of entries and no indemnity would be available to take care of any losses arising from omissions that may be disclosed in the register.
Registration of Title This refers to the maintenance by the state of an authoritative record of all rights in relation to particular parcels of land. These are particular parcels as may from time to time be vested on specific individuals or legal entities and subject to such limitations as may be disclosed in the register itself. Save for such interests as may be of overriding nature. So, in a sense registration of title provides that convenience and simplicity that anybody interested in a given property would want, based on principles that are by far quite different from those applicable under the unregistered system.
The case for registration of title is made out by the fact that it offers cheap, expeditious and secure methods in property dealings. These are in sharp contrast to the position in the unregistered system which was thought to be costly, disorganized, insecure and complicated.
Its principle objective is to replace the traditional and registered title method with a single established register which is state maintained and therefore conclusive and authoritative as to the details or particulars set out therein. It is precisely because of that that it is credited in eliminating wasteful burden placed on potential purchasers under the unregistered system which requires them to separately investigate titles to assure themselves that it is a good title that can pass and which is free from any hidden claims which may be adverse to their interests.
Unlike the registration of the deed system the registration of title system has the capability of investing secure titles in all persons in whose favour such registration may be effected. It is further regarded as final authority on the correct position regarding any registered land. It is also cheap and expeditious in terms of facilitating various transactions regarding registered land. State indemnity is available for any losses that may be incurred and so it makes conveyancing very simple.
Map Plan The register is a very important document as it is the sole authoritative record wherein lies title to all registered plans. The register is kept at the lands office, the central registry in the lands office. The register itself refers therefore refers to the official record containing details of ones estates, particulars of the property and the interests that affect the property so it would identify the nature of the Estate whether leasehold property or freehold or an absolute estate and such records are described by reference to an official map plan that is maintained at the registry.
Administration of registration system Administration of registration system are the most crucial department involved here is the department of lands but under the ministry there are many other departments including department of survey, physical planning and the land adjudication and settlement department. The dept of land is by far the most important in the administrative arrangements so it deserves considerations. It falls under the Ministry of Lands and Settlement.