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Confusion mars property transactions

Updated Thursday, August 2nd 2012 at 00:00 GMT +3

By Harold Ayodo

Confusion has gripped property transaction procedures in real estate following enactment of new land laws.

Practising conveyancers ( property lawyers) and commercial banks are among stakeholders caught up in the puzzle over transition from old to new property laws.

The conveyancers who form a pivotal part of property transactions are torn in between legal procedures of the old order and the new dawn.

Conveyancing (transfer of property) involves legal procedures that must be followed to the letter.

Confusion embarked after Parliament passed and gazetted the National Land Commission Act (2012), Land Act (2012) and Land Registration Act (2012) on May 2.

?Legally, the new laws abolished traditional property legislations like the Indian Transfer of Property Act (1882) and the Government Lands Act.

Other abolished laws include the Registered Land Act, Land Titles Act and the Registration of Titles Act.

A circular from Commissioner of Lands Zablon Mabea to senior lands officials countrywide exclusively obtained by Home & Away exposes the confusion.

Mabea admits in the circular (Ref: GEN/F/1/VOL.IV) dated June 18 that players in real estate are perplexed.

The subject is ‘Practice Instructions’ and reference National Land Commission Act No. 5 of 2012, Land Registration Act No 3 of 2012 and Land Act No.6 of 2012.

Legal Conundrum

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