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Jointly owned land: what happens when an owner dies or wants to sell

Land Registration Act · sources read 4 Oct 2026

It depends on how the title registers you. If you are joint tenants, a deceased owner's share passes automatically to the surviving owners and the Registrar deletes the name on proof of death; if you are tenants in common, the share goes to the deceased's estate. Where the transfer does not say, the law presumes tenants in common in equal shares.

Where
The Land Registry where the land is registered; disputes over the Registrar's decision go to court
Read the law

Steps

  1. Check the register or title: it should show whether you are joint tenants or tenants in common, and each person's share if in common.
  2. If a joint tenant dies, take proof of death to the Registrar, who deletes the deceased's name by registering the death certificate.
  3. A tenant in common who wants to sell their share to an outsider needs the written consent of the other co-owners, which cannot be unreasonably withheld.
  4. If consent cannot be got or is unreasonably refused, the Registrar can dispense with it on adequate proof. Anyone aggrieved by the Registrar's decision can go to court.
  5. Joint tenants who want separate shares can sign the prescribed instrument to sever the joint ownership; it is complete once registered.

Watch out

  • If the transfer does not say how you hold the land, you are presumed tenants in common in equal shares.
  • Joint tenants have no separate share: all must sign any dealing, and a joint tenant can transfer only to the other joint tenants; a transfer to anyone else is void.
  • For tenants in common, a deceased owner's share is part of their estate, so it passes through succession.

Who this covers

  • Two or more people who own land together, as joint tenants or tenants in common.
Official sources (2)
  1. Land Registration Act (No. 3 of 2012, Cap. 300) new.kenyalaw.org · read 2 Oct 2026
  2. Land Registration Act, 2012 (No. 3 of 2012), Kenya Law print parliament.go.ke · read 4 Oct 2026

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