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Can you own land by living on it for 12 years (adverse possession)?

Limitation of Actions Act · sources read 2 Oct 2026

An owner cannot sue to recover land more than 12 years after the right to sue arose, and once that time runs out their title is extinguished. A person who has been in adverse possession for that time can apply to the court to be registered as owner in place of the registered owner; this never works against Government land.

Deadline
12 years from the date the owner's right to recover the land arose.
Where
Environment and Land Court registry, or file online on the Judiciary e-filing portal
Go to the official site

Steps

  1. Land title and occupation cases go to the Environment and Land Court, which has the same status as the High Court.
  2. Apply to the court for an order that you be registered as owner of the land (or the lease) in place of the registered owner.
  3. If the court grants the order, have it registered at the land registry. It takes effect subject to any entries on the register that still stand.

Watch out

  • You can't get title to Government land, or land used by the Government, this way.
  • The 12 years only count while someone is in adverse possession of the land, so time doesn't run while nobody is occupying it against the owner.
  • Once the 12 years run out, the owner's title is extinguished, not just their right to sue.

Who this covers

  • Someone who claims they have become entitled to registered land, or to a registered lease, by adverse possession.
  • It applies to registered land in the same way as to unregistered land.
Official sources (2)
  1. Limitation of Actions Act (Cap. 22) new.kenyalaw.org · read 2 Oct 2026
  2. Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026

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