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Fraudulent transfer of title
pyrex
#1 Posted : Monday, March 27, 2017 1:51:56 PM
Rank: Member


Joined: 12/11/2006
Posts: 11
Dear Wazuans,
I need some advice/help. I have an ancestral piece of land 1.1 Ha to which a hold a title deed issued in 1993.

Recently I sent a friend to do a search and the result indicates the title is in somebody else name and was issued in 2013. I happen to know this guy and upon inquiring from him, he absolutely denied anything to do with the transfer.

I am kindly seeking advice on how to proceed and restore the title back in my name.


Thank you for the sound advice

Hobitke
#2 Posted : Monday, March 27, 2017 2:34:05 PM
Rank: New-farer


Joined: 5/22/2016
Posts: 57
Location: Nairobi
pyrex wrote:
Dear Wazuans,
I need some advice/help. I have an ancestral piece of land 1.1 Ha to which a hold a title deed issued in 1993.

Recently I sent a friend to do a search and the result indicates the title is in somebody else name and was issued in 2013. I happen to know this guy and upon inquiring from him, he absolutely denied anything to do with the transfer.

I am kindly seeking advice on how to proceed and restore the title back in my name.


Thank you for the sound advice




You should seek the so called green card for the land.

In another unrelated query, what do you do to a surveyor who has refused to return your title deed?
cyruskulei
#3 Posted : Monday, March 27, 2017 2:54:03 PM
Rank: New-farer


Joined: 3/9/2010
Posts: 77
Location: kenya
Hobitke wrote:
pyrex wrote:
Dear Wazuans,
I need some advice/help. I have an ancestral piece of land 1.1 Ha to which a hold a title deed issued in 1993.

Recently I sent a friend to do a search and the result indicates the title is in somebody else name and was issued in 2013. I happen to know this guy and upon inquiring from him, he absolutely denied anything to do with the transfer.

I am kindly seeking advice on how to proceed and restore the title back in my name.


Thank you for the sound advice




You should seek the so called green card for the land.

In another unrelated query, what do you do to a surveyor who has refused to return your title deed?


You kill him
Make money when others are lamenting
Angelica _ann
#4 Posted : Monday, March 27, 2017 2:56:00 PM
Rank: Elder


Joined: 12/7/2012
Posts: 6,991
cyruskulei wrote:
Hobitke wrote:
pyrex wrote:
Dear Wazuans,
I need some advice/help. I have an ancestral piece of land 1.1 Ha to which a hold a title deed issued in 1993.

Recently I sent a friend to do a search and the result indicates the title is in somebody else name and was issued in 2013. I happen to know this guy and upon inquiring from him, he absolutely denied anything to do with the transfer.

I am kindly seeking advice on how to proceed and restore the title back in my name.


Thank you for the sound advice




You should seek the so called green card for the land.

In another unrelated query, what do you do to a surveyor who has refused to return your title deed?


You kill him


How will that help smile
In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
Hobitke
#5 Posted : Monday, March 27, 2017 3:10:36 PM
Rank: New-farer


Joined: 5/22/2016
Posts: 57
Location: Nairobi
cyruskulei wrote:
Hobitke wrote:
pyrex wrote:
Dear Wazuans,
I need some advice/help. I have an ancestral piece of land 1.1 Ha to which a hold a title deed issued in 1993.

Recently I sent a friend to do a search and the result indicates the title is in somebody else name and was issued in 2013. I happen to know this guy and upon inquiring from him, he absolutely denied anything to do with the transfer.

I am kindly seeking advice on how to proceed and restore the title back in my name.


Thank you for the sound advice




You should seek the so called green card for the land.

In another unrelated query, what do you do to a surveyor who has refused to return your title deed?


You kill him


I have considered this, but dead men bring forth no titles , plus it would deny me peaceful sleep for a week.
Coolbull
#6 Posted : Monday, March 27, 2017 3:22:00 PM
Rank: Member


Joined: 10/23/2007
Posts: 510
pyrex wrote:
Dear Wazuans,
I need some advice/help. I have an ancestral piece of land 1.1 Ha to which a hold a title deed issued in 1993.

Recently I sent a friend to do a search and the result indicates the title is in somebody else name and was issued in 2013. I happen to know this guy and upon inquiring from him, he absolutely denied anything to do with the transfer.

I am kindly seeking advice on how to proceed and restore the title back in my name.


Thank you for the sound advice



Even if he has denied, have the matter resolved in court. Sue him, the Land Registrar and the Land Board chair.

In your affidavit, indicate that:
- you have never transferred the land to the title holder or any other entity.
- you are still in possession of the original title deed
- you never appeared before the local land board to consent transfer

Pray:-
- to have illegal title canceled
- the registrar ordered to issue you with a new title deed.
- costs to the three parties.

This is a very straight-forward matter - from the facts you have given.

Please please, do not allow to resolve this matter out of court. The Registrar and local land board chair might ask you to. You might be lucky if they are not the same individuals who handled the fraudulent transfer.

Most likely the thief won't appear in court. The government officials might also not turn up. That will give you a smooth sail.

If you agree resolving this out of court, you risk having the same being repeated in the future. Washa moto kubwa.

By now you should have:-
- Placing a caveat/caution on the land
- put a sign on the plot reading: Grabbers will be prosecuted| Land not on sale| By owner 0722100100 (put your number).
- stopped any activity on the land, including grazing harmless goats and hens.

...washa moto kubwa.

Coolbull
#7 Posted : Monday, March 27, 2017 3:31:16 PM
Rank: Member


Joined: 10/23/2007
Posts: 510
Angelica _ann wrote:
[quote=cyruskulei][quote=Hobitke][quote=pyrex]Dear Wazuans,
I

In another unrelated query, what do you do to a surveyor who has refused to return your title deed?


How did he come to be in possession of your title? Had you given him/her an undertaking to sub-divide land for you? If so, did you pay all the AGREED fees?

If you did not engage him, first place a caveat on the land to stop him from transacting using your title then write to him asking him to return your legal documents within 7/14/21 days or else you sue.
pyrex
#8 Posted : Monday, March 27, 2017 5:23:39 PM
Rank: Member


Joined: 12/11/2006
Posts: 11
Thanks for the opinions so far expressed.
I have already put a caveat/caution on the land and tomorrow will be going to the advocate for advice
Chaka
#9 Posted : Monday, March 27, 2017 5:59:48 PM
Rank: Veteran


Joined: 2/16/2007
Posts: 1,807
How did you put a caveat if you are not reflecting as the current owner?

pyrex wrote:
Thanks for the opinions so far expressed.
I have already put a caveat/caution on the land and tomorrow will be going to the advocate for advice


murchr
#10 Posted : Monday, March 27, 2017 6:39:01 PM
Rank: Elder


Joined: 2/26/2012
Posts: 11,046
Hawa wezi wa mashamba wata maliza watu. Why is the lands ministry so corrupt with no consequences?
"There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore
.
maka
#11 Posted : Monday, March 27, 2017 7:04:28 PM
Rank: Elder


Joined: 4/22/2010
Posts: 9,885
Location: Nairobi
murchr wrote:
Hawa wezi wa mashamba wata maliza watu. Why is the lands ministry so corrupt with no consequences?


Because Uhuru is the President...
possunt quia posse videntur
Swenani
#12 Posted : Monday, March 27, 2017 7:21:04 PM
Rank: User


Joined: 8/15/2013
Posts: 11,426
Location: Vacuum
maka wrote:
murchr wrote:
Hawa wezi wa mashamba wata maliza watu. Why is the lands ministry so corrupt with no consequences?


Because Uhuru is the President...


Yawa!
"If you're tired of arguing with strangers on internet, try talking to one of them in real life"-Barack Obama 10th January 2017
murchr
#13 Posted : Monday, March 27, 2017 8:01:37 PM
Rank: Elder


Joined: 2/26/2012
Posts: 11,046
maka wrote:
murchr wrote:
Hawa wezi wa mashamba wata maliza watu. Why is the lands ministry so corrupt with no consequences?


Because Uhuru is the President...


Kwani walianza 2013? Lawyers are the biggest title thieves
"There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore
.
Angelica _ann
#14 Posted : Monday, March 27, 2017 8:12:43 PM
Rank: Elder


Joined: 12/7/2012
Posts: 6,991
Swenani wrote:
maka wrote:
murchr wrote:
Hawa wezi wa mashamba wata maliza watu. Why is the lands ministry so corrupt with no consequences?


Because Uhuru is the President...


Yawa!


Laughing out loudly Laughing out loudly Laughing out loudly
In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
urstill1
#15 Posted : Monday, March 27, 2017 8:47:31 PM
Rank: User


Joined: 9/6/2013
Posts: 1,408
Location: In a house
murchr wrote:
Hawa wezi wa mashamba wata maliza watu. Why is the lands ministry so corrupt with no consequences?


The email provided by the Ministry of lands on their website doesn't function. That's where they want us to report such cases. If you have such a case never allow the ministry to solve it, take it to the courts.
Coolbull
#16 Posted : Wednesday, March 29, 2017 10:25:52 PM
Rank: Member


Joined: 10/23/2007
Posts: 510
urstill1 wrote:
murchr wrote:
Hawa wezi wa mashamba wata maliza watu. Why is the lands ministry so corrupt with no consequences?


The email provided by the Ministry of lands on their website doesn't function. That's where they want us to report such cases. If you have such a case never allow the ministry to solve it, take it to the courts.


Very important. Never allow the ministry to solve such a case. Go to court and don't be swayed. You'd rather be in court for 5 years and nyorosha kila kitu.
obiero
#17 Posted : Wednesday, March 29, 2017 11:10:23 PM
Rank: Elder


Joined: 6/23/2009
Posts: 6,397
Location: nairobi
Coolbull wrote:
urstill1 wrote:
murchr wrote:
Hawa wezi wa mashamba wata maliza watu. Why is the lands ministry so corrupt with no consequences?


The email provided by the Ministry of lands on their website doesn't function. That's where they want us to report such cases. If you have such a case never allow the ministry to solve it, take it to the courts.


Very important. Never allow the ministry to solve such a case. Go to court and don't be swayed. You'd rather be in court for 5 years and nyorosha kila kitu.

The government has failed its citizens
Chaka
#18 Posted : Friday, May 19, 2017 3:20:57 PM
Rank: Veteran


Joined: 2/16/2007
Posts: 1,807
Can someone pls tell me the cost of lodging a caution i,e how much would be paid to the ministry of lands and what would be a reasonable lawyer's fee?

Coolbull wrote:

By now you should have:-
- Placing a caveat/caution on the land
- put a sign on the plot reading: Grabbers will be prosecuted| Land not on sale| By owner 0722100100 (put your number).
- stopped any activity on the land, including grazing harmless goats and hens.

...washa moto kubwa.


mkeiy
#19 Posted : Wednesday, May 24, 2017 1:35:53 PM
Rank: Member


Joined: 1/27/2012
Posts: 759
Location: Nairobi
Chaka wrote:
How did you put a caveat if you are not reflecting as the current owner?

pyrex wrote:
Thanks for the opinions so far expressed.
I have already put a caveat/caution on the land and tomorrow will be going to the advocate for advice





You don't have to be the owner, you just need to have interest in the said plot.
mkeiy
#20 Posted : Wednesday, May 24, 2017 1:49:22 PM
Rank: Member


Joined: 1/27/2012
Posts: 759
Location: Nairobi
Chaka wrote:
Can someone pls tell me the cost of lodging a caution i,e how much would be paid to the ministry of lands and what would be a reasonable lawyer's fee?

Coolbull wrote:

By now you should have:-
- Placing a caveat/caution on the land
- put a sign on the plot reading: Grabbers will be prosecuted| Land not on sale| By owner 0722100100 (put your number).
- stopped any activity on the land, including grazing harmless goats and hens.

...washa moto kubwa.




The last time I checked,some time last year, it was 15k. All the charges (lawyer's fee & lands registry fee).

The amounts may vary,per lawyer!
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