The first normal reaction when you lose an important document is panic, followed closely by a few moments of helplessness. If you’re like me, your next reaction will be a quick check on Google to establish a remedy to your predicament. Now, if you lose your title deed today, take a few deep breaths to relax because you can replace it. 

Why replace a lost title deed in Kenya? A deed is one of the few proofs of land ownership, so you could be in a pickle without it. You shouldn't have to wait until the need arises to replace a lost deed. While there is no mandated period for reporting such an incident in Kenya, prompt action prevents fraud and/or unauthorized transactions with your property. So, report the loss as soon as you realize it.

Here are the steps to replacing a lost title deed. 

Step 1: Police Report: Naturally, all lost formal documents or items should be reported to the authorities. The report at your nearest police station will create a record that will be handy if anything were to happen to your property. The authorities will require the deed number or a photocopy of it and your original ID or passport to issue an abstract that will enable the next steps. Before step 2, a search will be necessary to confirm ownership of the lost or damaged document. 

Step 2: Swear an Affidavit: The law requires that all parties to the matter swear an affidavit as to how the document was lost or misplaced. 

Step 3: Application for a New Title Deed: You or your representative will apply for a new title deed by submitting these documents:

• The police abstract you just obtained. 
• Certified copies of your ID/passport.
• Certified copies of the certificate of incorporation in the case of a company.
• Your certified passport-size photos.
• An official search from the Lands Registry. 

You will accompany these documents with the required fee. 

Step 4: Gazette Notice: The Lands Registrar will issue a gazette notice in at least one widely circulated national newspaper of the intention to replace the lost deed, giving anyone with any objections 60 days to come forward. 

Step 5: Provisional Certificate: After the objection window lapses successfully, the Registrar issues a provisional certificate as you wait for the permanent one to be ready. 

We know processes that involve the authorities can be daunting in our country, so it pays to compile everything necessary before reporting the loss to the police. Get copies of your title deed, the number, details of loss or misplacement (including the dates), and your property address together. It would be wise to seek the counsel of a registered advocate for precision, and they will likely advise you to register a caveat before proceeding with the matter to avoid potential fraudulent activities. Following these steps will ensure a smooth process that reduces delays in replacing your title deed. 

The total cost could be between Kes.10,000 and 20,000, subject to variables. These costs are approximations to guide you: Affidavit and police abstract – 3,000; Gazette notice – 3400;  Advertisement in the dailies – 2,000; application for the new deed – 3,000. 

Tips for Expediting this Process

Time: Start this process as soon as possible. Don’t wait until you need the lost/misplaced title deed to replace it. 

Seek Professional Help: An advocate will walk you through this process to minimize errors. 

Keep Records: Keep records of your communication with the Lands Registry and any other party. Also, proactively check on the events after making the application. 

Safe Keeping: Naturally, you will want to be more careful with essential documents in the future. Banks offer safekeeping services for a small annual fee, so feel free to contact your branch for more information. 

In the meantime, Hills View Phase 2 is the hottest deal in town. Ni sisi tunawashow... Listen, there are several reasons why these serviced plots are flying off the shelves - like the beautiful views from all angles, so please don’t sleep on them. Contact us to arrange a site visit at your earliest convenience.