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Title deed

Also called: title · certificate of title · certificate of lease · land certificate

The document issued by the lands registry evidencing a registered interest in a parcel of land, naming the proprietor, the parcel and the tenure.

A title deed is evidence of a registered interest. It is not the interest itself, and the distinction is the source of a great deal of loss.

The register is the authority, not the paper. What a title deed says is what the register said when the document was issued. What matters today is what the register says today, which is what a land search returns.

Why that distinction costs people money

Because a physical document can be:

  • Out of date. A charge registered last year does not appear on a deed issued four years ago.
  • Copied. A photograph or photocopy of a genuine deed proves nothing about who is holding it.
  • Forged. A convincing forgery of a document is easier to produce than an alteration of the register.
  • Genuine but held by somebody with no right to deal. A relative, a former owner, a person who obtained it in a dispute.

The single most common land fraud in Kenya is not a fake register entry. It is a real document, or a copy of one, in the hands of somebody who is not the proprietor, shown to a buyer who verified the paper rather than the register.

What is on it

Broadly: the parcel identifier, the approximate area, the tenure and where leasehold the term and its conditions, the registered proprietor, and a reference to the deed plan or registry map. The exact form varies with the registration regime the parcel falls under, of which Kenya has had several, and which is itself something an advocate establishes early.

What to do with one you are shown

  • Note the parcel number and the proprietor's name, and verify them by search. Do not accept the document as verification of itself.
  • Check the name against identification of the person selling, and where a company, an estate or an attorney is involved, check the authority to sell.
  • Do not accept a copy as sufficient for anything, and be particularly careful where an original is said to be "with the advocate" or "at the bank" throughout the transaction.
  • Match the deed plan to the ground with a surveyor. See beacons and survey.

Where a title is charged

Where the parcel secures a loan, the original will typically be held by the lender, and this is normal rather than suspicious. What matters is that the discharge of the charge is built into the transaction mechanism, with the money conditional on it. See encumbrance.

What goes wrong

"I'll show you the title" is treated as verification. It is an invitation to verify, not the verification.

A deposit is paid on sight of the document. Before the search, before the survey, before identity checks.

The deed plan is never compared to the ground. The parcel on the register and the parcel being walked are assumed to be the same, and sometimes they are not.

Multiple sales. Where a seller has dealt with several buyers, the register is the only place that fact can be found, and only by a current search.

Common questions

How do I verify a title deed in Kenya?
Not by examining the document. Take the parcel number and the proprietor's name from it and conduct an official search at the relevant registry, then verify the identity of the person selling against the name on the register, and have a surveyor confirm that the parcel on the ground matches the deed plan.
Is a title deed proof of ownership?
It is evidence of a registered interest as at the date it was issued. The register is the authority, and it can have changed since. A genuine deed can also be held by somebody with no right to deal with the land, which is the commonest shape of land fraud.
The seller only has a copy of the title. Is that a problem?
It is a reason to be careful rather than an automatic refusal, because an original may legitimately be held by a lender where the parcel is charged. What matters is establishing by search who is registered, where the original is, and how any charge will be discharged as part of the transaction.

Read more on this

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Last reviewed 18 September 2026. This entry explains how the instrument works and is not legal or financial advice.