Land Law Procedures in Kenya

Just like real estate, the real estate law is such a broad topic as well. If you are going to discuss it in a very simple way, real estate law is only the law, rules, regulation and other legal matters that governed real estate.

The concept of property has long been one of the most crucial aspects for the U.S. citizens, as it is a major part of the Constitutional, and, therefore, human rights. Although the perception and understanding of “property” have been considerably changed, especially in terms of political and philosophical vision, it still has a particular meaning for the Americans. In general, the idea of property is the question of the political thought and conceptualized thinking common for the United States. In most cases, its transformations are connected to the introduction of capitalism and related governmental decision in politics. Therefore, as any other topic, the value of property has undergone harsh debates. In particular, such important figures as James Fenimore Cooper, Ralph Waldo Emerson, and Walt Whitman have developed a fundamental scope of analyses with regard to the property rights in America.

Property: The right to claim and hold property; When it has been laboured for, one encloses it for greater individual profit the profit of the community of Man, it has been laboured for – Natural means of ownership one encloses it – The process of holding legal “deed” for greater individual profit – to build investment equity and avoid poverty of waste the profit of the community of Man – Moral commitment to Human Development (Locke: 1689).

There was a great question asked by numerous individuals in the eighteenth century with what happens to people’s lives when their country is a colony of another country. This was very important to Americans when they were being ruled by Great Britain, and even to this day it remains important when countries find themselves controlled by more powerful outsiders. But what is colonialism? Colonialism occurs when one nation takes control of another. Kenya’s experience as a colony of Great Britain gives us more of an idea of what being colonized meant both to the people being controlled and to those who control them. Although it seems hard to believe, Kenya was created by the Europeans and generally this had a positive on effect on Kenyans because it began development.

2. What do they consider the relationship between property and

During the time period 1850-1914, even though Britain imperializing, Kenya was, in turn, very beneficial for the inhabitants of Kenya. However, the direct rule of Britain put Kenya through a massive transition from being independent to being colonial dominant, in which the natives of Kenya had lesser rights than did before and were treated inhumanely. Before being imperialized, Kenya was already divided into forty-two tribes. The two main kinfolks to be known are the Masai and the Kikuyu. These tribes helped in making the country's diversity, rich culture and heritage. Nonetheless, Kenya didn’t have much global contact; however, they did trade with the Arab merchants but kept it limited because they wanted to preserve their traditional

Property has always played an important role in the life of an individual, community and country. The practical significance of the property lies in the fact that it enables us at least the necessities and amenities of the routine life if not the means of comfort. The property rights give the successor a way to overcome the sufferings and to fight the battle of their lives.

The High Court has as of late considered the fraud special case to indefeasibility of title of land possession in the case of Cassegrain v Gerard Cassegrain & Co Pty Ltd. The decision permits a wife to keep a half benefit for a dairy farm property in spite of paying no thought for it and just being the beneficiary of that intrigue due to her spouse 's fraud. The misfortune here is the party denied of a benefit for the land by fraud, while the victor is obviously the unwitting beneficiary of that interest.

It is strange how they come up with these laws to compensate you after they have taken your land. This is where we come to the development of the property law. How did the protection of your private property come about? Protection and content are given to the ownership of property by custom or law. The type of property law in a society may be taken as an index of its social and economic system. Even though there is a difference between realty and personality. Realty is chiefly land and improvements built thereon. Sometimes it is loosely

Indigenous people have long been denied the entitlement of land rights by Australia. Law reform has been both effective as well as ineffective in achieving genuine access and control of land for the indigenous people. Law reform aims to reinforce and strengthen justice, through the process of first examining existing laws, and by then revoking, amending or creating the necessary changes to a law. This procedure is acted in accordance with judicial bodies, by the result of case law along with statutory law. The Native Title Act of 1993 was achieved through statutory reform. This act took place by cause of the High Courts settlement of the second Mabo case of 1992. Although law reform has not been exclusively effective, it has been relatively

The interest in land is defined as the rights, titles, advantages, duties or liabilities in relation to the land. This allows the holder to have a right over the land formed from an estate although will not provide exclusive possession of the parcel of land. Interest in the land is known to be security for debts (mortgages), easements, restrictive covenants, profit a prendre, and leases.

The issue of land rights has been a consistent issue for the Indigenous people of Australia. In the colonisation of Australia, the European settlers deemed the land terra nullius which is defined as ‘Land belonging to no one’, this was due to their inability to understand the how the Aboriginal people used the land and their spiritual connection to it. The myth of terra nullius was a common misconception throughout Australia’s early years and remained until the ‘Mabo vs Queensland’ trial occurred. This was the first step in recovering the land rights that were stricken from the Indigenous people as it acknowledged their ownership to the land prior to the colonisation in 1778. Although there have been many improvements regarding land rights

Being one of the most extensive law reforms of the Law Commission, Land Registration Act 2002 aims to create a flawless legal framework for land registration, especially in terms of conveyancing with emphasis on overriding interests and adverse possession. It is agreed that the Land Registration Act 2002 (hereafter LRA 2002), by putting emphasis on strict registration, moved the idea of land ownership from ownership by possession to bureaucratization of title via registration. Therefore, LRA 2002 is said to bring further strictness and clarity to land ownership and subsequent conveyancing. In conjunction, LRA 2002 was expected to bring an “e-conveyancing revolution” to land registration which was awaited to be a major success. Although steps are taken towards this development, it is claimed that there is still long way to go before a complete and problem-free e-conveyancing system. Apart from matters relating to conveyancing, LRA 2002 consists of sections regarding overriding interests where their number and scope are widely reduced with specifications of registration introduced. Moreover, the Act includes strictly drafted provisions about adverse possession, aiming to bring further restrictions to this matter by bringing further difficulties to the acquisition of title and therefore shifting from a squatter prone approach to a registered owner supporting view.

The purpose of the paper research is to identify the world of property law that remains confusing to quite a number of people regarding personal and real property. Due to this confusion, a number of disputes arise when parties fail to reach an agreement especially when the seller includes the item in question as part of the sale of the realty and the buyer has a different view. This research will identify five examples of fixtures and real property in my house that will be enlightening especially pertaining the two gray areas. The research will also look at the determination made by commercial law pertaining to the evaluation of real property and fixtures and the exceptions when applying such tests. In the research, it will highlight the question of figuring out what fixtures are and the significant importance or raise this question with regards to the increase in the number of disputes associated with property law in case the value of the personal property exceeds the real property value. Finally, the research will identify different scenarios that may give rise to disputes regarding personal property and fixtures and how these fixtures are identified using different tests conducted by the property law courts in order to come to a consensus.

of user in Land Law are still good law. Custom law can still be used