Types of land tenure systems
Freehold land ownership is the holding of registered land in perpetuity with full powers of ownership, including developing the land, using any and all produce from the land, entering into any transaction in connection with the land, and disposing of the land to any person at will.
Mailo land ownership refers to the holding of registered land in perpetuity. A tenant may obtain a Certificate of Occupancy from a registered Mailo land owner, which recognizes and protects his/her interest in the land.
Leasehold ownership is created by contract or by operation of law, whereby the land user leases land from the owner or controlling authority for a fixed period and pays rent or a premium thereof.
A customary land owner can be issued a Customary Certificate of Ownership to recognize and guarantee his/her interest in the land. This form of tenure is also regulated by customary rules, which are limited in terms of their operation to a particular group of people, and may provide for communal ownership and use of land.
An indigenous investor can acquire a lease or even rent if they so wish. The Freehold, Mailo, Leasehold and Customary types of ownership are relevant to this category.
A foreign investor can only lease land. Leasehold type of ownership is therefore the only option available.
- What is the purpose of the procedure?
To carry out due diligence
- What is the result of the procedure?
A search letter signed by a Registrar of Titles is issued to the bearer
- What you need to know/have before you start?
Write an Application letter for a Search addressed to the Commissioner, Land Registration giving the description of the Land as below:
Mailo: County, Block & Plot Number
Freehold: Freehold Register Volume & Folio Number
Leasehold: Leasehold Register Volume & Folio Number
- How to pay and how long will it take?
The bearer pays the cost per search in the bank and obtains a receipt that is presented to the Land Office.
This can be done in 1 day