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Conveyancing Lecture - 4 Final

The document outlines various types of conveyancing, including transfer, transmission, lease, charge, discharge, and caution, as well as the legal processes and forms associated with each type. It details the requirements for creating charges, easements, and the application processes for inhibitions and cautions under the Land Registration Act. Additionally, it includes practical drafting exercises related to leases and cautions.

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Enoch Wanderi
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5 views16 pages

Conveyancing Lecture - 4 Final

The document outlines various types of conveyancing, including transfer, transmission, lease, charge, discharge, and caution, as well as the legal processes and forms associated with each type. It details the requirements for creating charges, easements, and the application processes for inhibitions and cautions under the Land Registration Act. Additionally, it includes practical drafting exercises related to leases and cautions.

Uploaded by

Enoch Wanderi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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CONVEYANCING

- LECTURE 4
TYPES OF
CONVEYANCING
Ms Namiinda - Course Instructor
CS, LL.B, (UoN) LL.M, (UoN) KSL (Dip),PhD
C a n d i d a t e ( U o N ) , Ad v o c a t e o f t h e H i g h C o u r t
o f Ke n y a
 Types of Conveyancing

a. Transfer

b. Transmission
Class c. Lease

outline d. Charge

e. Discharge

f. Caution
Transfer  Recap the process
 The law
Transmissio  The process
n  The forms
 When do transmissions take place? Sec 60, 61 of the
Land Registration Act

Transmissio  Recap: Property Law, Methods of Acquisition of Land


 What is the difference between a Tenancy in Common and a Joint
ns Tenancy?
 Forms LRA 37 and 38
 Drafting exercise
 Draft the documents required to transmit a Title Deed from
Transmissio the deceased Mr Aloysius Mukubwa Chege, to the
n Administrators of his Estate, Jane Wanjiru Chege and James
Kariuki Chege (who are also his children).
 A charge is normally created by an instrument in the prescribed form. It has
to be signed if an individual is involved and sealed if it is a corporation
involved. See Sec 56 of the Land Registration Act
 It is completed by registration as an encumbrance.
 The date of payment ought to be specified but if unspecified, the monies
Charges become due at least three months after service of the demand for payment.
 The statutory power of sale in the event of default is also indicated in the
charge.
 The form LRA 53 is used where the charge is formal, LRA 54 where it is
informal and LRA 55 where it is a subsequent/second charge.
Land Act Section 90 (3)
 Sue Chargor
 Appoint receiver
 Leasing charged land
 Entering into possession
 Selling the charged land
Remedies of Section 96 Statutory power of sale
a Chargee Default of one month
Chargor in default of notice under Section 90(1) –
Section 90(3) Ninety days of non-compliance
Before selling, charge shall serve notice to sell until 40 days have lapsed
Notice served under Section 90(1) – Notice in writing of 30 days
Chargee
 Section 98 of the Land Registration Act provides that the
instrument creating the easement ought to be in the prescribed
form, that is LRA 80.
 The instrument should provide for the nature and period of
easement as well as the dominant and servient tenements.
 It could contain agreements on who is to do repairs on the rights of
Easements way, air, water etc
 Cancellation of the easement ought to be in the prescribed
form(LRA 81) as well as per section 99 of the Land Registration
Act.
 Drafting easements
Prescribed Forms provided for under LRA 5, 6, 7 AND 8
Power of
attorney
RESTRAINTS ON
DISPOSITIONS
INHIBITIONS, CAUTIONS AND RESTRICTIONS
 These are granted by the Court. See Section 68 of the Land
Registration Act.
 A person seeking an inhibition makes an Application through form
LRA 66 accompanied by the Court Order granting the inhibition.
See Rule 79 of the Land Registration (General) Regulations of
INHIBITIONS 2017.
 When does a person apply for a Caution?
 Section 71 of the Land Registration Act provides that a
caution is, lodged through the prescribed form (that is
form LRA 67) which form is accompanied by a statutory
declaration.
 See also Section 72 and 73 of the Land Registration Act
CAUTIONS which provides for the notice, effect, withdrawal and
removal of a caution. Form LRA 69 and 70 have
prescribed forms for the withdrawal and removal of a
caution.
Group 11 and 12:

 Draft a 25 year lease on behalf of Mr Mutinda who wishes


to lease a prime piece of land along Mombasa road to Ms

Caution – Kinuthia for purposes of putting up a petrol station. The


rent is payable annually in advance at the rate of Kshs 6
Class million per annum.
drafting  Based on the facts above, assume that Mr Mutinda did not
exercise consult the wife on the above long-term lease. Draft the
caution on behalf of Mr Mutinda for lodging at the land’s
registry.
 Section 76 of the Land Registration Act provides for a
Restriction restriction.
Thank you
for your
attention!

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