A title search returns an unexpected entry: a caveat registered against the parcel. The sale is weeks from completion, the deposit is paid, and neither side wants the transaction to stall. Caveats appear regularly in Kenyan conveyancing, and most have an explanation. What matters is establishing early who lodged the caveat, on what basis, and how it can properly be brought to an end.
What is a caveat on a title?
A caveat is a note on the register, lodged under the Land Registration Act, warning anyone dealing with the land that a third party claims an interest in it. While the caveat stands, the registrar will not ordinarily register dealings over the parcel, so a transfer, charge or discharge cannot pass. A caution serves a comparable purpose and is lodged where the claimant is not yet certain of the precise interest asserted. Both entries protect a claim without transferring anything, and both block the title until they are dealt with.
On what grounds can a caveat be lodged?
- A purchaser who has paid a deposit under a signed sale agreement.
- A lender holding a charge over the property.
- A spouse asserting a matrimonial interest in the home.
- A beneficiary or personal representative claiming under a trust or an estate.
How is a caveat removed?
The starting point is the caveator. A caveat may be withdrawn voluntarily once the underlying claim is resolved, which is the quickest outcome for every party. Where the caveator will not cooperate, an interested person may apply to the registrar for removal; the registrar serves notice on the caveator and considers the responses before deciding. In contested matters the court may order removal, and a person who lodges a caveat without reasonable cause can be liable in damages to anyone who suffers loss as a result. The current legislation can be read through Kenya Law.
What should buyers and sellers do?
Delay compounds the problem, so the claim behind the caveat should be investigated as soon as the search reveals it. Some caveats reflect genuine interests that can be settled by agreement or payment; others are lodged in error or as leverage and should be challenged without hesitation. Our team deals with caveat removals as part of its conveyancing practice in Nairobi, and the firm’s wider practice areas cover the disputes that sometimes follow a blocked title.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.