KENYA SCHOOL OF LAW

CONVEYANCING TERMINOLOGY

As in all professions, words and phrases are used that are meaningless to a lay person, particularly when
an abbreviation is used. The following is a list of the most commonly used terms and general
requirements in conveyancing.

ALLOTMENT : An allocation of land by the Commissioner of Lands to a

person by way of a letter of allocation.

ASSENT : Describes the document under the terms of which an

executor or administrator vests title to a property in a beneficiary under the
will or on the intestacy of a deceased. Applicable to properties registered
under the GLA, LTA & RTA.

ASSIGN : The act of transferring leasehold title.

ASSIGNMENT : Describes the transferring leasehold title under

GLA and LTA.

ATTESTATION : To witness the execution of a Conveyance.

CHARGEE : Holder of a Charge.

CHARGOR : Person creating a Charge in favour of a Chargee.

CHARGE : Species of security that confers no interest in land but

gives property charged as security.

CONVEY : The act of transferring a freehold title.

CONVEYANCE : Describes the deed transferring a freehold title under

GLA and LTA.

CONTROLLED
TRANSACTION : A transaction falling under the Land Control Act.

DEED : A document executed under seal.

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DEMISE : A noun to describe a lease and as a verb to describe the act of leasing

DISPOSITION : Transfer of interest in land.

FEE SIMPLE : A freehold interest.

HEREDITAMENT : A parcel of freehold land.

LEASE : Interest in land for a fixed term or period.

LESSOR : Person giving a lease.

LICENSE : Permission granted to occupy ones land personally

PARCEL : A separately identified plot of land either by reason of its

boundaries or it having a separate or distinct title.

MORTGAGEE : Holder of a Mortgage.

MORTGAGE : Disposition of interest in land as security for a debt.

MORTGAGOR : Person creating a Mortgage in favour of the Lender.

DISCHARGE : Release of security under RLA/RTA

RECONVEYANCE : Release of freehold mortgage under LTA/GLA

REASSIGNMENT : Release of leasehold mortgage under LTA/GLA

VENDOR
(SELLER) : Person selling or intending to sell or transfer land or lease.

PURCHASER
(BUYER) : Person buying land or lease.

TITLE DOCUMENTS
Title Deeds - Title Document under the GLA
Conveyance - Title Document under the GLA
Certificate of Ownership - Title Document under the LTA
Grant - Title Document under the RTA
Certificate of Title - Title Document under the RTA
Lease - Title Document under the RTA
Land Certificate - Title Document under the RLA
Certificate of Lease - Title Document under the RLA
Title Deed - Title Document under the RLA

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REGISTRARS
Registrar of Documents - RDA
Registrar of Titles - RTA
District Lands Registrar - RLA
Government Lands Registrar - GLA

See also: “Conveyancing Principles & Practice “by Tom Ojienda, NBI, 2008, Page 285.

J. Louis Onguto, March 2008

COMPARATIVE TERMINOLOGY AND GENERAL REQUIREMENTS IN

CONVEYANCING

GOVERNMENT REGISTRATION OF REGISTERED LAND

LANDS ACT TITLES ACT ACT (CHAPTER 300)
(CHAPTER 280) (CHAPTER 281)
LAND TITLES ACT
(CHAPTER 282)
1. TITLE Title Deeds – GLA Grant Land Certificate
DOCUMENTS Certificate of Certificate of Title Title Deed
Ownership –LTA Lease Certificate of Lease
Conveyances - GLA Lease
2. SALE Conveyance Transfer Transfer of Lease
(Freehold) Transfer of Land
Assignment
(Leasehold)
3. INTEREST Leasehold Leasehold Freehold
Freehold Freehold Leasehold
4. SECURITIES Legal Legal Charge Legal Charge
OVER LAND Mortgage/Charge Equitable Charge
Equitable Mortgage

5. EXECUTION OF By all parties By all parties By all parties

MORTGAGES AND
CHARGES
6. EXECUTION OF By Transferor and By all parties. By both Transferor
CONVEYANCES Transferee or And Transferee
ASSIGNMENTS & Assignor
TRANSFERS and Assignee

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7. COMMISSIONER Leasehold- Required Leasehold- Required Leasehold-Required
OF LANDS
CONSENT AND
CONSENT OF
HEAD LESSOR
8. LAND RENT Leasehold - Required Leasehold - Required Leasehold-Required
CLEARANCE
CERTIFICATE
9. RATES Required for Required for Transfer Required for Transfer
CLEARANCE Conveyance and
CERTIFICATE Assignment
10. LAND CONTROL Required for Required for Required for
BOARD CONSENT Agricultural Land Agricultural Land Agricultural Land

11. ENCUMBRANCES Mortgage/Charge Charge Charge

12. RELEASE OF Re-Conveyance of Discharge of Charge Discharge of Charge

SECURITIES Mortgage – Freehold
Re-Assignment of
Mortgage –
Leasehold
13. TITLE Deeds NOT required Grant Land Certificate,
DOCUMENTS NB. Last Certificate of Title Title Deed or Certificate
REQUIRED AT Conveyance of Lease NOT required
LANDS OFFICE ordinarily nowadays as a matter of law but
DURING required. required as a matter of
REGISTRATION practice. For transfer
OF INSTRUMENTS required.
14. SERVITUDES Profitsa prendre Profits Profits
Easements Easements Easements
Restrictive Covenants Restrictive Covenants Restrictive Agreements.
15. RESTRAINTS Statutory Caveat Statutory Caveat Caution
Prohibition Prohibition Inhibition
Registrar’s Caveat Registrar’s Caveat Restriction
16. OTHER RIGHTS Income Tax Caveat Income Tax Caveat Income Tax Restriction