Law expert advises landowners to protect inherited land to avoid encroachment and fraudulent transactions

A Nairobi-based law expert, Melisa Achieng, has offered valuable guidance on how to safeguard inherited land from encroachment and fraudulent transactions in the wake of increasing land fraud.

According to Achieng, landowners should take proactive steps to protect their properties to avoid protracted land disputes.

“Obtaining a confirmed grant and registering the land in your name at the lands registry is crucial in protecting your ownership rights,” Achieng said

“This is the first step in ensuring that your inherited land is secure and that you have a clear title to it,” she emphasized in an interview with the Sacco Review yesterday.

The advocate recommended erecting fences and developing the land to assert possession.

“By doing so, you are sending a clear message to potential encroachers that the land is occupied and protected,” she said.

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Achieng advised landowners to lodge a caution at the lands registry to prevent unauthorized dealings.

“This is a precautionary measure that can help prevent fraudulent transactions and protect your interests,” she explained.

The law expert recommended filing a claim at the Environment and Land Court (ELC) in the event that an intruder encroached on the land.

She said the ELC is the appropriate forum for resolving land disputes, and landowners should not hesitate to seek its intervention if their rights are being infringed upon.

The lawyer who is also a Certified Professional Mediator from MTI East Africa, emphasized on the importance of reporting any fraudulent transactions to the Directorate of Criminal Investigations (DCI) and the Lands Fraud Unit.

“These agencies are equipped to investigate and prosecute land-related crimes, and landowners should not hesitate to seek their assistance if they suspect foul play,” she said.

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On transfer of ownership of inherited land, Achieng outlined the necessary steps, including filing a succession cause, obtaining letters of administration or grant of probate, publishing a gazette notice, and applying for a confirmation of grant.

“It is essential to follow these steps carefully to ensure a smooth transfer of ownership to beneficiaries,” she advised.

Required documents for transferring ownership include a certified copy of the grant, original title deed, beneficiary’s ID and KRA PIN, Land Control Board consent (if applicable), and duly filled transfer forms and valuation report.

She said by following these steps and taking proactive measures, landowners can protect their inherited land and ensure a smooth transfer of ownership to beneficiaries.

“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,” advised Achieng.

Her comments come at a time when land dispute cases have been increased in some parts of the country.

By Gastone Valusi

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