50+ Myths on Land Ownership

“A title deed cannot be revoked.”

False.

Under Section 26 of the Land Registration Act, a title can be revoked or canceled if it was obtained fraudulently, illegally, or through misrepresentation.

➤ Always verify ownership through an official land search.

“If I buy land from someone with a title, I’m automatically safe.”

False.

You must ensure due diligence — confirm that the seller is the rightful owner, that the land isn’t disputed, charged, or public land.

➤ Hire a licensed surveyor and lawyer before purchase.

“All land with a title deed is private land.”

False.

Kenya has three categories of land under Article 61 of the Constitution:

Private land
Public land
Community land

Some people hold titles to public or community land illegally — these can be revoked.

“Once I fence it, it becomes mine.”

False.

Fencing or occupying land does not grant ownership unless you have a valid title or meet adverse possession requirements (after 12 years of open, uninterrupted occupation and legal proceedings).

“Land without a title deed is useless.”

False.

Many ancestral, trust, and community lands in Kenya are still under adjudication. Ownership is recognized even without a title, as long as there is customary or adjudication evidence.

“You can buy land using a handwritten agreement.”

Misleading.

Under Section 3(3) of the Law of Contract Act, all land sale agreements must be in writing, signed, and witnessed by an advocate.

➤ Handwritten agreements are only valid if properly executed with legal witnesses.

“Land cannot be taken by the government.”

False.

Under Article 40(3) of the Constitution, the government may compulsorily acquire land for public use (roads, schools, etc.) — but must compensate the owner.

“All squatters automatically own the land they live on."

False.

Squatters only gain rights through formal settlement, allocation, or court-recognized adverse possession, not automatic ownership.

“You don’t need a lawyer to buy land.”

It’s not illegal to buy without one, but highly risky. Lawyers help with searches, agreements, and ensure legal compliance — preventing fraud.

“If it’s family land, no one can sell it.”

Partly false.

Family land can be sold with consent from all beneficial owners (spouse, children, etc.).

➤ The Matrimonial Property Act (2013) requires spousal consent for any sale of family land.

“A land search is enough proof of ownership.”

False.

A land search only shows registered ownership at that moment — not if the title is under investigation, disputed, or fraudulent.

“You can inherit land automatically.”

False.

Inheritance requires succession proceedings under the Law of Succession Act (Cap 160) — only after a Grant of Letters of Administration can land be transferred.

“The chief or elders can give you ownership.”

False.

Chiefs or elders can witness or help settle disputes, but they cannot allocate ownership — only the National Land Commission (NLC) or Ministry of Lands can.

“Government land can be bought cheaply from insiders.”

Fraudulent and illegal.

Public land is not for sale except through formal allocation by the NLC. Buying such land risks losing money and prosecution.

“Title deeds issued by local land boards are valid.”

False.

Only the Ministry of Lands or authorized registries issue valid title deeds under the Land Registration Act. Fake land control boards exist to scam buyers.

“Community land can be sold by the chief or elders.”

False.

Under the Community Land Act (2016), community land can only be sold through approval by the entire community assembly, not individuals.

“You can build on land as long as you occupy it.”

False.

Development without proof of ownership or proper approvals can lead to demolition or loss of investment if ownership is challenged.

“Old allotment letters are as good as title deeds.”

Misleading.

Allotment letters show intent to allocate but are not proof of ownership unless converted into a title deed after full payment and survey.

“You can’t lose ancestral land.”

False.

If ancestral land was registered under someone’s name, they legally own it — even if others claim it. Families must legally reclaim or subdivide it properly.

“A title deed can be transferred without your knowledge.”

Partly true — and dangerous.

Fraudsters sometimes forge signatures or collude with corrupt officials. That’s why it’s vital to monitor your land records and register for the ArdhiSasa portal.

“If the seller has lived there long enough, he owns the land.”

False.

Long occupation doesn’t automatically transfer ownership unless adverse possession (12+ years, proven in court) applies.

➤ Legal possession must be declared by a court, not assumed.

“Land brokers can process a title deed for you faster.”

Very misleading.

Brokers have no legal authority to process titles. Only licensed surveyors, advocates, and officers of the Ministry of Lands can do that legally.

➤ Brokers often create fake receipts or doctored documents.

“If the land is cheap, it’s a good deal.”

Often false.

Cheap land is usually disputed, unplanned, swampy, or under investigation. Always question why it’s cheap — and do a full due diligence check.

“Buying land near a river or lake is fine — you can build there.”

False.

Under Environmental Management and Coordination Act (EMCA) and Water Act, you must not build within 6–30 meters of a water body.

➤ Such land may be classified as riparian reserve (public land).

“You can buy land using cash without any paperwork.”

Illegal and dangerous.

Every land sale must be documented, signed, and stamped for it to be recognized in law.

➤ Cash deals with no receipts = no proof in case of dispute.

“You can change ownership later after you build.”

False.

You must transfer ownership before construction.

➤ Building on unregistered land means the land and building can be reclaimed by the true owner.

“Once the chief or MCA signs, the land is yours.”

False.

Chiefs, MCA, or even MPs have no power to allocate, sell, or transfer land. Only the National Land Commission (NLC) or Ministry of Lands can do so legally.

“Foreigners can own any land in Kenya.”

False.

Under Article 65 of the Constitution, foreigners may only hold land on a 99-year lease, not freehold.

“The map from the surveyor is proof of ownership.”

False.

A survey map only shows boundaries, not ownership.

➤ Ownership is confirmed only through the title deed and registry records.

“You can transfer land without paying stamp duty.”

False.

Stamp duty (2–4%) must be paid under the Stamp Duty Act (Cap 480) before registration. Unstamped transfers are invalid.

“You can subdivide land anytime you want.”

False.

Subdivision requires County Physical Planning approval, Land Control Board consent, and new survey numbers.

➤ Unauthorized subdivisions are not recognized legally.

“A Power of Attorney is as good as owning the land.”

False.

A Power of Attorney only gives authority to act, not ownership.

➤ Ownership remains with the registered proprietor until transferred.

“You can inherit land without succession.”

False.

Under the Law of Succession Act (Cap 160), all deceased estates must go through Probate or Administration before land can change hands.

“If your land touches a road, you can extend your fence into it.”

False.

Road reserves belong to the Kenya Urban Roads Authority (KURA) or Kenya National Highways Authority (KeNHA). Encroachment is illegal and subject to demolition.

“If your land isn’t developed, the government can take it.”

False.

Kenya law does not require development to maintain ownership. However, county land rates or site value taxes may apply for undeveloped land.

“Old title deeds are invalid; you must renew them.”

False.

All title deeds remain valid unless the government announces official conversion (under the Land Registration Act).

➤ Renewal is required only when directed by gazette notice.

“You can own land in a forest reserve.”

Illegal.

Forest reserves are public land managed under the Forest Conservation and Management Act (2016).

➤ Any private ownership claim is invalid and revocable.

“Land companies and cooperatives always have clean titles.”

False.

Many land-buying companies have pending cases or double allocations.

➤ Always inspect their company registration, mother title, and subdivision approval before buying.

“Your plot number guarantees ownership.”

False.

Plot numbers are administrative, not legal identifiers.

➤ Legal ownership is attached to the parcel number (e.g., Kajiado/Ngong/12345), not a “Plot No. 7.”

“You can sell family land secretly.”

False.

Selling matrimonial or ancestral land without spousal or family consent can be reversed in court under the Matrimonial Property Act (2013).

“If your neighbor moves your boundary, it’s not serious.”

False.

Boundary disputes fall under Sections 18–19 of the Land Registration Act.

➤ Always report boundary changes to the Land Registrar or Survey Department immediately.

“Title deeds can’t be duplicated.”

False.

Fraudsters can forge or duplicate title deeds. The true record is always in the Land Registry database, not the paper itself.

“You can use someone’s land title as collateral if they allow you.”

Illegal.

Only the registered owner can use land as security.

➤ Using another person’s title could amount to fraud or forgery.

“Survey beacons can’t be moved.”

False.

Beacons can be tampered with. Always confirm their accuracy with a licensed surveyor before buying or fencing.

“You can own riparian or road reserve land if you pay land rates.”

False.

Paying land rates does not prove ownership. You can’t buy or claim public reserves — they’re protected by law.

Kenya land ownership MYTHS

Follow us