Q: Is an allotment letter enough proof of land ownership?
An allotment letter is proof of ownership if;
- One accepts the offer
- One pays for it
- One develops the land within the stipulated time
- One has been paying rents and rates for the land
- One has done survey of the land
- The letter is genuinely acquired and is not a disputed public purpose property.
An allotment letter is an offer. One has to accept the offer and comply with the terms of the offer. However one still needs to follow up and get a certificate of title and a lease.
Q: Succession- what is the process of transferring land from a deceased person to the beneficiary?
A: One has to have a letter of administration and confirmation of grant. One should also have the title deed issued to the deceased; if they can’t find it they have to swear an affidavit so that the land registration department can gazette the title.
After these documents are presented to the registration department, then the process of issuing a new title to the beneficiary will begin.
Q: How can someone verify the authenticity of a title deed?
A: By carrying out a search at the land registry.
Q: How can one repossess land that was grabbed or fraudulently transferred?
A: Court orders
The commission has a mandate to investigate historical land injustices S.14 (5) of the National Land Commission Act, 2012: where the Commission finds that the title was acquired in an unlawful manner, the Commission shall; direct the Registrar to revoke the title.
S155 of the Lands Act requires a person in unlawful occupation of that land to vacate.
Q: Can lawyers acting on behalf of their clients get access to their files?
A: Yes. Lawyers acting on behalf of their clients can get access to the information on their files.
Q: Is the work of the National Land Commission the same as that of the ministry of Lands?
A: No. although the NLC will be working closely with the Ministry of Lands, its roles and functions are quite distinct.
Q: Can the commission deal with land issues already in court?
A: No, unless the parties involved withdraw the case from court and agree on an out of court settlement by the commission.
Q: What will the functions of the County Land Management Boards?
A: Refer to s.18 of the National Land Commission Act, 2012.
- Processing of the transactions to be approved by the commission-allocation of public land, change of user, extension of user, subdivision of public land, renewal of leases, extension of leases,
- Inspecting all the public land allotment for adherence to planning requirements,
- Encouraging use of alternative and traditional dispute resolution mechanisms in land dispute,
- Perform any other functions assigned by the commission or by any written law.