ADVOKS GLOBAL · KENYA
Sectional Properties Act
5. Registration of sectional plans
Edition: 2022-12-31 · In force
5. Registration of sectional plans
(1)On the registration of a sectional plan the Registrar shall —(a)close the register of the parcel described in it; and(b)open a separate register for each unit described in the plan; and(c)on payment of the prescribed fee, issue, in respect of each unit of the sectional property, a certificate of title if the property is freehold or a certificate of lease if the property is leasehold and shall include its proportionate share in the common property.(2)Any interests affecting the parcel which are noted on the register closed under subsection (1)(a) shall be endorsed on the registers opened under subsection (1)(b) and on the title deed for sectional property issued under subsection (1)(c).(3)No more than one unit may be referred to in one register and no other land, except the share in the common property apportioned to the owner of that unit in accordance with section 6(2) may be referred to in the same register.(4)Any interest affecting an individual unit which is part of a sectional plan registered under section 4(1) and not endorsed pursuant to subsection (2) of this section shall be endorsed on —(a)the register of the unit opened under subsection (1)(b); and(b)the title deed for sectional property issued in respect of the unit under subsection (1)(c).(5)Notwithstanding any other written law, as soon as a sectional plan is registered under this Act, the title to a unit comprised in the plan shall, with effect from the date of the registration of the sectional plan, be deemed to be issued under the Land Registration Act (Cap. 300).(6)After the register for a unit is opened pursuant to subsection (1)(b), all dealings and dispositions regarding the unit shall be done in accordance with the Land Registration Act (Cap. 300).