Owning land is a universal human right

According to the Universal Declaration of Human Rights, it’s your human right to own property. Unfortunately, some landowners holding a leasehold title deed have not been able to enjoy this right because of perpetual land injustices.

Redistribution of land in Kenya began right after Independence in 1963. A good number of Kenyans bought acres at throwaway prices from the British, who were leaving the country. Most of these were transferred to new owners and are registered under a leasehold title deed. Several land injustices being experienced emanated from this arrangement.

For instance, the Lands Act, 2012 dictates that one pay land rent on any property under a leasehold title deed. This is an annual fee that varies on what the land is being used for and its location and size. You will pay the land rent to the respective county government where the property is located.

Due to miseducation, illiteracy and incomprehension, some land proprietors have lost their property due to failure to pay land rent on time, which results in the repossession of the said land by the county government. It’s even worse if the leaseholder encounters unscrupulous government officials while trying to save their land.

Keep count of your lease to avoid getting caught up by time. Skipping annual payments leads to accrual of interests and fines. Agricultural leases expire after 33 years and urban development leases 99. The de facto rule is to put your house in order by the 90th year of your lease to avoid squabbles with your county government.

All landowners with a leasehold title deed should be able to sleep soundly, knowing that they are protected under the Land Registration Act. It is also important to note that you can also report any fraudulent activity relating to land to the Public Complaints Office under the Directorate of Criminal Investigations (DCI) for the necessary legal action.

Ms Mburu is the business development manager, BuyRent Kenya. [email protected] @ LEAR_MBURU