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
Steps
- Land title and occupation cases go to the Environment and Land Court, which has the same status as the High Court.
- 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.
- 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)
- Limitation of Actions Act (Cap. 22) new.kenyalaw.org · read 2 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026