AGADVOKS GLOBALKENYA · ENGLISH
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Sectional Properties Act

12. Application for sub-division etc., of a unit

Edition: 2022-12-31 · In force

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12. Application for sub-division etc., of a unit

(1)Any proprietor may, with the approval of the county government, sub-divide or consolidate his unit by registering a sectional plan relating to the unit intended to be so sub-divided or consolidated in the manner provided by this Act for the registration of sectional plans.
(2)Except as provided in this section the provisions of this Act relating to sectional plans apply with all necessary modifications to a sub-division or consolidation of units.
(3)On the registration of a sectional plan of sub-division or consolidation, units comprising the sectional plan are subject to the burden and have the benefit of any easements affecting those units in the original sectional plan which are included in the sectional plan of sub-division or consolidation.
(4)The schedule endorsed on a sectional plan of sub-division or consolidation as required by section 9 (1) shall apportion among the units the unit factor or factors for the unit or units in the original sectional plan that are included in the sub-division or consolidation.
(5)Before registering a proposed sectional plan of sub-division or consolidation, the Registrar shall amend, in the manner prescribed by the regulations, the original sectional plan as endorsed by a surveyor.
(6)On registration of a sectional plan of sub-division or consolidation, the land comprised in it shall not be dealt with by reference to units in the original sectional plan.
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Source: Kenya Law