Land Law Procedures in Kenya

16833 Words Mar 24th, 2013 68 Pages
CATHOLIC UNIVERISTY OF EASTERN AFRICA

(CUEA)

FACULTY OF LAW

THIRD YEAR 1ST SEMESTER

BACHELOR OF LAWS

JANUARY- APRIL 2013

COURSE TITLE: LAND LAW 1

COURSE CODE: CLS 300 BY: WILSON MAROTSE MULEI LLM (London), LLB (Moi), Dip. Law (KSL)
Attorney at Law, EAC

COURSE OUTLINE

INTRODUCTION
Land law is split into two separate but related units. Land Law 1 and Land Law II. Land Law I deals with foundations of property law and Land Law II deals with Proprietary Rights and transactions.
Land Law I is devoted to the teaching of and familiarizing the student with the basic concept relating to property ideology in general and to Land as property in Particular. In this respect, The course will address the question, what is property in
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Historical development of land law in Kenya * Alienation/ acquisition phase * Imposition phase * Transformation.
WEEK TEN –CAT

WEEK ELEVEN/TWELVE

8. Land registration in Kenya * Advantages of registered system * Registration systems in Kenya(registration of deeds and registration of titles) * Categories of land * Principles of registration * Legislative regimes of land registration * The rights and obligations created by registration * The registration process * Duties of the registrar in registration * Registration and priority * Stay of registration

READING MATERIAL
• Salmonds’ jurisprudence
• Okoth Ogendo, H.W.O, the tenants of the crown: the evolution of Agrarian Land Law and Institutions in Kenya, ACTs Press.
• Ojienda,T.O (2008) Conveyance Principals and Practices (2008, Law Africa
Publishing, Nairobi)
• Essays on Land Law, The reform Debate in Kenya, Edited by Smokin Wanjala
(Faculty of Nairobi University)
• Land Law reform in Kenya, Vol. 1,2,3 of the Law society of Kenya
• Onalo, P,L and Law and Conveyancing in Kenya, (1986) Law Africa Publishing
Nairobi
• Kevin Grays & Susan F. Gray, Land Law (2007), Oxford University Press New
York
• Megarry’s Manual of the Law of Real Property
• Sweet and Maxwell “ The Law of Real Property 6th Edition (2002).

STATUTES * The Constitution of Kenya 2010 * Land Act, 2012 * Land Registration Act, 2012 *

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