What is a Restriction or Inhibition on a Kenya Land Title?
Restrictions and inhibitions are entries that can be placed on a Kenya land title that limit or prevent specific types of dealings with the registered land. They are less commonly encountered than cautions and charges, but important to understand.
What is a Restriction?
A restriction is an entry in the land register that restricts the ability of the registered owner to deal with the land without first complying with certain conditions.
Under the Land Registration Act 2012, the Land Registrar (or a court) can enter a restriction in the register that prohibits the owner from:
Transferring the land without a specified consent. Charging the land. Subdividing the land. Dealing with the land except by a specified method.
Common reasons for restrictions:
A restriction may be entered when a company holds land and the company's directors must all consent to any dealing (to protect minority shareholders).
A trust holding land may have a restriction requiring multiple trustees to sign any transaction.
A court may order a restriction as part of proceedings affecting the land.
What is an Inhibition?
An inhibition is a stronger form of entry than a restriction. It prohibits all dealings with the land until the inhibition is removed.
Inhibitions are typically registered by court order and are used in situations where the court wants to completely freeze a land title pending resolution of proceedings.
An inhibition is more serious than a caution (which gives notice but does not automatically prevent registration) and more serious than a restriction (which limits specific types of dealings). An inhibition stops everything.
How They Are Registered
Restrictions: Can be applied for by the registered owner, by a court order, or by the Land Registrar in specific circumstances.
Inhibitions: Typically by court order only. A person who believes a fraudulent transaction is imminent can apply to the court for an order inhibiting all dealings.
How They Appear on a Search
Both restrictions and inhibitions appear in the Remarks/Encumbrances section of an official title search or Ardhisasa search. The entry will state the nature of the restriction and any conditions for its removal.
What to Do If You Find One
If an official search reveals a restriction or inhibition on a parcel you want to buy:
Understand precisely what it prohibits and why it was registered. Your advocate must confirm whether the specific transaction you want to do is permitted, and if not, what steps are required to remove or comply with the entry.
For inhibitions specifically: if the inhibition was registered by a court, a court order may be required to remove or vary it. This could take significant time.
Do not pay anything until the restriction or inhibition is resolved.
For a parcel you already own where an unexpected restriction or inhibition appears, contact an advocate immediately. This may indicate an active court proceeding or a fraudulent attempt to freeze your title.
Litmus monitoring subscription: KSh 5,200/month. Any new restriction or inhibition on your title triggers an immediate alert.
This article is for general information only. It does not constitute legal advice. Consult a qualified Kenya advocate for specific advice on restrictions and inhibitions affecting your property.
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