Houseland Investment · Buying Land in Kenya
In Kenya, “types of title deeds” can be understood mainly by the nature of the land interest being registered. The two main categories are freehold and leasehold, with sectional titles being a special form of ownership for apartments and other units.
A freehold title gives the registered proprietor ownership of the land for an indefinite period, subject to applicable laws, restrictions and interests registered against the land.
It is common for privately owned agricultural and residential land outside areas where leasehold tenure applies.
The State Department for Lands refers to the relevant register as the Land Register (Absolute Titles).
Example:
A 50 × 100 residential plot registered as freehold may be held by the owner indefinitely, rather than expiring after a specified lease period.
A leasehold title gives the proprietor rights to the land for a specified period, such as 50, 66 or 99 years, subject to the terms of the lease.
Leasehold land may be subject to conditions such as land rent, permitted use and other lease conditions.
The State Department of Lands has a separate Land Register (Leasehold) and an official Certificate of Lease.
Example:
A property may have a 99-year lease beginning in 1990. The remaining lease period would therefore be relevant when purchasing it.
This is particularly important for apartments, flats, offices, maisonettes and other developments divided into individual units.
Under Kenya's Sectional Properties framework, each unit receives its own registration. Depending on whether the underlying property is freehold or leasehold, the unit receives either:
The owner's title also includes their proportionate interest in the common property, such as corridors, lifts, parking and other shared areas.
| Type | What you own | Duration |
|---|---|---|
| Freehold | Land | Indefinite |
| Leasehold | Interest in land under a lease | Specified period |
| Sectional title | Individual unit + share in common property | Depends on underlying tenure |
One important point: “title deed” is not necessarily a separate third tenure category. For example, a sectional apartment can have a certificate of lease, while a freehold sectional unit can have a certificate of title. The Ministry's current forms expressly distinguish the two.
Also, when buying land, the type of title alone is not enough. An official land search should establish the registered owner and reveal encumbrances such as charges, cautions and restrictions.