Family land registered in one person's name: can relatives claim a share?
Land Registration Act, 2012 · sources read 3 Oct 2026
They may be able to. Customary trusts are overriding interests under the Land Registration Act, so registered land can be held in trust for family or clan members even if the title shows one name, and registration does not cancel an owner's duties as a trustee. A claim is decided by the Environment and Land Court.
- Where
- Environment and Land Court for the claim; the land registry (or Ardhisasa) for a caution.
Steps
- A person claiming an interest can lodge a caution at the land registry to stop dealings with the land going through without notice.
- File a claim at the Environment and Land Court, which hears disputes over title to land and decides whether a trust exists.
- There are 37 Environment and Land Court stations across the country; go to the one nearest the land.
Watch out
- A customary trust does not need to be written on the title, but the register can expressly say otherwise.
- If the owner gives the land away for free (for example to a child), the new owner still takes it subject to the same unregistered rights.
Who this covers
- Family or clan members for whom registered land is held under a customary trust.
Official sources (2)
- Land Registration Act, 2012 (No. 3 of 2012) new.kenyalaw.org · read 3 Oct 2026
- Environment and Land Court judiciary.go.ke · read 3 Oct 2026