What is Property Law Kenya?
There are no laws in Kenya on compulsory condemnation of property. The law, however, allows for compulsory acquisition of property by the government for a purpose that is in the interest of the public, subject to fair and prompt compensation.
What are three 3 different types of property law?
In economics and political economy, there are three broad forms of property: private property, public property, and collective property (also called cooperative property).
What are the different types of property law?
There are two main types of property law, generally referred to as “intellectual” and “real.” Within these two large categories there may be a wealth of statutes and systems that deal with specific aspects of the law.
What property law means?
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property.
What are real property rights?
Real property is the land, everything that is permanently attached to the land, and all of the rights of ownership, including the right to possess, sell, lease, and enjoy the land.
Who is the legal owner of a property?
The legal owner of a property is the person who owns the legal title of the land, whereas the beneficial owner is the person who is entitled to the benefits of the property.
What is a property lawyer called?
A real estate attorney is equipped to prepare and review documents relating to purchase agreements, mortgage documents, title documents, and transfer documents. A real estate attorney may also provide legal representation for either a buyer or a seller when a dispute winds up in a courtroom.
What is the importance of property law?
The fundamental purpose of property rights, and their fundamental accomplishment, is that they eliminate destructive competition for control of economic resources. Well-defined and well-protected property rights replace competition by violence with competition by peaceful means.
What are the rules for land registration in Kenya?
Under Kenyan law, all proprietorships without exception are to be registered as per the requirements of the Land Registration Act. Leases, however, do not subscribe to this very same provision. As per Part IV of the Land Registration Act, only long-term leases (specifically those of seven years and more) are subject to registration.
Can a lease be registered as a proprietorship in Kenya?
Under Kenyan law, all proprietorships without exception are to be registered as per the requirements of the Land Registration Act. Leases, however, do not subscribe to this very same provision. As per Part IV of the Land Registration Act, only long-term leases (specifically those of seven years and more) are subject to registration.
What does it mean to lease land in Kenya?
The Land Act of Kenya defines a lease as “the grant, with or without consideration, by the proprietor of land of the right to the exclusive possession of his or her land.”[3] It is a widely common aspect of land ownership and bears significant similarities with other forms of proprietorship.