A caveat is simply a notice put on a particular title deed to prevent taking any action such as selling, buying, or using it as collateral to take a loan. It is placed on a title deed as a way of communicating to any interested party that someone’s interest has been put on priority. When you suspect that someone wants to take advantage of your property, you can place a caveat on it.
They are typically lodged to prevent or restrict the transfer, lease, or dealing with a specific property. They are often used when someone believes they have a legitimate claim to the property or a right that could be affected by future transactions involving the property. In Kenya, they have a limited duration, typically lasting for one year.
Consult a Lawyer
This is a wise step when placing a caveat as it ensures that you navigate the legal process correctly. You should look for a lawyer who specializes in property and real estate matters so that they can guide you through the caveat process, protect your interests, and ensure that you comply with Kenyan laws. Once you’ve identified a potential lawyer, reach out. During your initial contact, discuss your situation and explain that you need legal assistance to place a caveat on the property.
Arrange a consultation with the lawyer and it can be done in person at their office, over the phone, or via video conferencing. Many lawyers offer a free initial consultation, during which you can discuss your case and get an idea of how they can assist you. Before the meeting, gather all relevant documents and information about the property and your interest or claim. This will help the lawyer to understand your case better.
During the consultation, inquire about the lawyer’s fees and the services they will provide. If you decide to proceed with the lawyer, they will typically provide the engagement letter that outlines the terms of your agreement, including fees, services, and responsibilities. Work closely with the lawyer to draft the caveat notice and ensure all necessary legal procedures are followed.
Prepare a Caveat Notice
Your lawyer will help you to draft a caveat notice. This document should include full and accurate details of the property in question with details of the property’s title number, location, and any other relevant information. Specify the nature of your interest or claim in the property. This could be related to ownership, a financial interest, a leasehold, or any other legitimate interest.
You should explain the reasons you are placing the caveat. This could include legal disputes, ownership disputes, financial claims, or any other valid grounds. One can draft the caveat notice, but it is highly advisable to have a qualified lawyer to assist with the process. The notice should be drafted by Kenyan property law. Sign the caveat notice in the presence of a witness and they should also sign and provide their details.
Pay Stamp Duty
Stamp duty
Pay the necessary stamp duty fees for the caveat notice. The amount will vary on the value of the property. When you pay for stamp duty, it makes a caveat to be legally valid and enforceable. The document is marked with an official stamp or seal, indicating that the necessary tax has been paid. This lends credibility in a caveat.
It also discourages individuals from creating fake or unauthorized caveats because lack of an official stamp would immediately raise suspicions. It is important to check with local authorities in your jurisdiction to understand the specific stamp duty requirements for caveats and ensure you comply with the law.
Submission of Caveat Notice to Land Office
Submit the caveat notice to the relevant lands office and ensure you submit it to the correct office that deals with property matters in the area where the property is located. Placing a caveat at the Lands office makes your claim or interests in the property a matter of public record. This notice informs anyone interested in the property, including potential buyers, that there is an existing claim or dispute related to the property.
Submitting a caveat to the Lands Office provides legal protection for your interest or claim. It establishes a legal stand that helps in preventing the property from being sold, transferred, or mortgaged without the knowledge or consent of the property owner.
Notification to Property Owner
The Lands Office notifies the registered property owner about the caveat. They have the right to object to the caveat. Notifying them allows them to exercise their rights and present their side of the story, potentially leading to the resolution of the dispute without the need for costly legal proceedings.
Notifying the property owner of the caveat is a fundamental aspect of maintaining fairness, transparency, and the rule of law in property matters. It ensures that all parties involved have the opportunity to present their case and work toward a resolution or legal determination of their property rights and interests.
Registration of Caveat by Lands Control Board
The Lands Control Board registers a caveat when it determines that the caveat notice is valid and in compliance with relevant laws and regulations. It validates that the legal process for placing the caveat has been correctly followed. This includes ensuring that the caveat notice was submitted to the appropriate Lands Office and that all the necessary steps have been completed as required by law.
Registration of caveat
Once registered, the caveat is recorded in the property’s public records. The registration makes the caveat a part of the property’s title deed or other relevant property document. Once registered, the caveat becomes a matter of public notice, alerting potential buyers, creditors, and others that there is an existing claim or interest in the property. This notice helps to protect the interests of the Caveator and ensures transparency in property transactions.
Conclusion
Placing a caveat in Kenya is a crucial legal process that helps protect one’s interests in property matters. To successfully lodge a caveat, it is essential to follow the prescribed legal procedures meticulously. By consulting with a qualified advocate, ensuring your claim is genuine, and adhering to the necessary documentation and timelines, you can assert your rights and prevent unauthorized transactions on the property in question. A property that has been placed a caveat can serve as a valuable legal tool in safeguarding your property rights in Kenya.
