ADVOKS GLOBAL · KENYA
Land Registration Act
97. Partition subject to lender’s consent
Edition: 2022-12-31 · In force
97. Partition subject to lender’s consent
(1)If any undivided share in land or a lease held by tenants in common is subject to a charge, a partition of that land or lease shall not be registered by the Registrar unless the lender’s written consent is produced to the Registrar.(2)If a partition referred to in this section takes place with the consent of the lender, the land appropriated to the borrower shall, for all purposes, be deemed to be subject to the charge as if it had originally been comprised by it and the land appropriated to the other tenants in common shall be released from the charge.