Sectional title ownership is a concept in property law that allows the division of buildings into units among individual proprietors. This kind of property ownership gives rise to shared common areas/property collectively owned by proprietors of the units as tenants in common. This kind of ownership leads to the creation of sectional titles.
Sectional title ownership is becoming popular in Kenya because of factors such as affordability, security and the attractive communal way of life. Nevertheless, sectional title ownership remains one of the most misunderstood forms of property ownership in respect of ownership, responsibilities and legalities.
Sectional title ownership is governed by the Sectional Properties Act Cap 21 laws of Kenya. This Act applies only in respect of land held on freehold title or on leasehold title. In leasehold titles, the Act is only applicable if the unexpired residue of the term is not less than forty-five (45) years.
The implication of the above period is that one cannot be issued with sectional titles where the remaining term of the leasehold is less than 45 years. One would have to apply for the extension or renewal of the lease. The maximum leasehold term is set at 99 years by the Constitution of Kenyan. The 99 years leasehold term is extendable/renewable on application by persons who are citizens of Kenya.
The process of acquiring sectional titles in Kenya
Two steps are involved,
- Preparation of a sectional plan- The plans must describe two or more units in it and presented for registration in quadruplicate.
- Registration of sectional plan- At this point, the register of the parcel described in the plan is closed and a distinct register is opened for each unit.
This article shall be continued in part 2.
Authored by: Mugo Kamau