Lawyer advises landowners on securing inherited land
Law expert Melisa Achieng during an interview with Avdelta News. The advocate of High Court of Kenya advised landowners to safeguard inherited land.
A Nairobi-based lawyer, Ms Melissa Achieng, has urged Kenyans to take proactive steps in protecting inherited land to guard against encroachment and fraudulent transactions amid rising land-related disputes.
Ms Achieng, an advocate of the High Court of Kenya, said obtaining a confirmed grant and registering land in one’s name at the Lands Registry is the most crucial step in safeguarding ownership.
“This is the first step in ensuring your inherited land is secure and that you have a clear title to it,” she told Avdelta News yesterday.
She advised landowners to fence and develop their parcels to assert possession and deter intruders.
“By doing so, you are sending a clear message to potential encroachers that the land is occupied and protected,” she said.
To further secure land, Ms Achieng recommended lodging a caution at the Lands Registry, a precautionary measure that prevents unauthorised dealings. Where intrusions occur.
She said filing a claim at the Environment and Land Court (ELC) remains the proper channel for resolving disputes.
“The ELC is the right forum for land disputes, and landowners should not hesitate to seek its intervention if their rights are being infringed upon,” she explained.
Ms Achieng also stressed the importance of reporting fraudulent dealings to the Directorate of Criminal Investigations (DCI) and the Lands Fraud Unit. They are mandated to investigate and prosecute land-related crimes.
On the transfer of ownership, she outlined the necessary succession process, including filing a succession cause. Obtain letters of administration or a grant of probate, publishing a gazette notice, and applying for confirmation of grant.
She added that the required documents include a certified copy of the grant, the original title deed. Others are the beneficiary’s ID and KRA PIN, Land Control Board consent (if applicable), and duly filled transfer forms with a valuation report.
“Protecting inherited land requires vigilance and proactive measures. Landowners should take steps to secure their properties and seek professional advice if they are unsure about any aspect of the process,” Ms Achieng said.
Her advice comes at a time when land disputes are on the rise in different parts of the country.