Rights over your land that don't show on the title
Land Registration Act, 2012 · sources read 3 Oct 2026
Yes. Unless the register says otherwise, all registered land carries certain overriding interests even when they are not written on the title, including trusts (customary trusts too), rights of way and water that existed at first registration, natural rights of light, air, water and support, unpaid rates charges, and rights gained by long possession.
- Where
- Cautions and registration go to the land registry (or Ardhisasa where your registry is online). Disputes go to the Environment and Land Court.
Steps
- If you claim a right over someone's land, you can lodge a caution at the land registry so nothing is registered against your claim without notice.
- You can ask the Land Registrar to register the right; the Registrar may direct that an overriding interest be registered.
- If the owner and the person claiming the right disagree, the Environment and Land Court decides.
Watch out
- Rights of way and water count only if they already existed when the land was first registered under the Act.
- Older summaries also list short leases and the rights of people in occupation. Those paragraphs were deleted in 2016.
- Power lines, pipelines and similar works laid under a legal power bind the land even if the title is silent.
Who this covers
- All land registered under the Land Registration Act, unless the register says otherwise.
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