Most of the farming lands in rural areas of Kenya are still registered in the names of grandparents many of whom died a number of years ago. Descendants or relatives (clan members) communally/jointly work on those blocks of land with each entitled household or person claiming a somewhat demarcated (partially fenced) piece of the jointly held block of land.
Some proponents of communal land ownership argue that communinal/joint tenure makes it difficult for irresponsible drug/alcohol-addicted claimants (inheritors) to dispose the land (which in most cases will be the mainstay of households) and misuse the money. An additional reason is that joint ownership prevents fragmentation of land into less-economical sizes in the face of a rapidly growing population.
However, engaging in succession and registration of land may be helpful in avoiding land conflicts in later years and it may also give the concerned households a chance to use the land as collateral security for investment loans once the certificate(s) of title has/have been secured.
Generally, the longer it takes before succession is done, the more complicated it may get to complete the succession as more potential claimants will be born over the years while the direct inheritors (who may have been closest to the registered owners) perish with time. If at any given time there is only one credible and indisputable inheritor of a piece of land, then the process is simpler as the whole parcel of land is registered in the single inheritor’s name.
However if there are two or more credible inheritors of the piece of land in question, then all the inheritors/claimants should agree among themselves and select one person (possibly the eldest and most responsible/honest) to represent the group. The ownership of the land will then be changed from the deceased relative to the mutually agreed and selected representative of the group of claimants/inheritors (a group registration may be pursued in case no agreement can be realised).
For a smooth succession, the person into whose name the inherited land will be registered should:
1. Obtain a letter from the area chief confirming that you are known to the chief that you have been positively identified as the sole and rightful administrator/the inheritor of the estate of the deceased registered land owner.
2. Be sure to have the death certificate of the deceased person (in most cases the ID Card of the deceased person is retained by the registrar of deaths on issuance of a death certificate. In the rare case that there is a will (Africans have rarely written), supply a copy of the same. Witnesses may help corroborate non-written wills.
3. Depending on the complexity (how long the registered holder has been dead & his or her relationship with the administrator) credible witnesses from administrator’s clan will be necessary.
4. Statement as to why there is need to transfer the property from the deceased person’s name to the administrator’s (inheritor’s) name. The statement should also explain if it is the case that the administrator has sole rights to transfer the property to his or her name and if indeed there are no objections from other potential administrators or inheritors (e.g. co-wife/step child).
5. Be sure to have the original and a copy of the Kenyan ID card of the property/estate administrator/inheritor.
6. Duly filled in succession forms (obtainable from the county lands office).
7. Applicable fee to be paid to the county lands office.
8. Spare time to attend atleast two lands board meetings with the selected witness(es).
Ideally, succession costs should be borne by the person seeking to be registered as the administrator/owner (the person or persons who has/have inherited the piece of land). In rural areas of Kenya where such succession issues are more common, the succession process may cost approximately KES 25000 going by recent experience.
After the land has been registered in the name of the selected representative of the group of inheritors, the representative can then subdivide the block of land with the help of a qualified and registered surveyor and in the presence of the other inheritors. Each inheritor will then be assigned his or her fair subdivision for which he or she will process a certificate of title in his or her own name. The representative should sign all the necessary transfer documents and avail all copies of the required documents so that all inheritors come satisfied out of the whole process.
We at InterCurrency have established reliable business relationships with selected professionals (surveyors and lawyers) enabling us to offer our clients efficient services in succession cases. We employ the tried, tested and approved Solid Rock Conveyance Procedures.