ADVOKS GLOBAL · KENYA
Sectional Properties Act
42. Procedure for granting restrictive covenants
Edition: 2022-12-31 · In force
42. Procedure for granting restrictive covenants
(1)By a unanimous resolution a Corporation may be directed to execute on behalf of the owners a grant of easement or a restrictive covenant burdening the parcel.(2)When the board is satisfied that the unanimous resolution was properly passed and that—(a)all persons having interests in the parcel; and(b)all other persons having interests, other than statutory interests, that have been notified to the Corporation, have consented in writing to the release of those interests in respect of the land comprised in the proposed disposition,the Corporation shall execute the appropriate instrument to grant the easement or covenant.(3)An instrument granting an easement or covenant executed in accordance with subsection (2) is valid and effective without execution by any person having an interest in the parcel, and the receipt of the Corporation is a sufficient discharge of and exonerates all persons taking under the instrument from any responsibility for the application of the money expressed to have been so received.(4)The Registrar shall not register an instrument granting an easement or covenant authorized under this section unless it has been endorsed and is accompanied by, a certificate under the seal of the Corporation stating that the unanimous resolution was properly passed and that all necessary consents were given.(5)An instrument granting an easement or a covenant under this section shall be registered in accordance with Land Registration Act (Cap. 300).