Land Act

Section 1. Short title Section This Act may be cited as the Land Act.

Section 2. Interpretation Section roads;

Section 3. Application Section public land under Article 62 of the Constitution;

Section 4. Guiding values and principles Section 4(1)(a) enacts, applies or interprets any provisions of this Act; and Section 4(1)(b) makes or implements public policy decisions. Section 4(2)(a) equitable access to land; security of land rights; Section 4(2)(b) security of land rights; Section 4(2)(c) sustainable and productive management of land resources; Section 4(2)(d) transparent and cost effective administration of land; Section 4(2)(e) conservation and protection of ecologically sensitive areas; Section 4(2)(f) elimination of gender discrimination in law, customs and practices related to land and property in land; Section 4(2)(g) encouragement of communities to settle land disputes through recognized local community initiatives; Section 4(2)(h) participation, accountability and democratic decision making within communities, the public and the Government; Section 4(2)(i) technical and financial sustainability; Section 4(2)(j) affording equal opportunities to members of all ethnic groups; Section 4(2)(k) non-discrimination and protection of the marginalized; and Section 4(2)(l) democracy, inclusiveness and participation of the people; and Section 4(2)(m) alternative dispute r...

Section 5. Forms of tenure Section 5(1)(a) freehold; Section 5(1)(b) leasehold; Section 5(1)(c) such forms of partial interest as may be defined under this Act and other law, including but not limited to easements; and Section 5(1)(d) customary land rights, where consistent with the Constitution. Section 5(2) There shall be equal recognition and enforcement of land rights arising under all tenure systems and non-discrimination in ownership of, and access to land under all tenure systems. Section 5(3) Save as provided for in the Constitution, a registered proprietor shall not, for the purposes of obtaining planning permission, be obliged to surrender the freehold interest in exchange for leasehold. [Act No. 28 of 2016 , s. 42.]

Section 6. Powers and functions of the Cabinet Secretary in land management Section develop policies on land, upon the recommendation of the Commission;

Section 7. Methods of acquisition of title to land Section allocation;

Section 8. Management of Public Land Section 8(1)(a) shall identify public land, prepare and keep a database of all public land, which shall be geo-referenced and authenticated by the statutory body responsible for survey; Section 8(1)(b) shall evaluate all parcels of public land based on land capability classification, land resources mapping consideration, overall potential for use, and resource evaluation data for land use planning; and Section 8(1)(c) shall share data with the public and relevant institutions in order to discharge their respective functions and powers under this Act; or Section 8(1)(d) may require the land to be used for specified purposes and subject to such conditions, covenants, encumbrances or reservations as are specified in the relevant order or other instrument. Section 8(2)(a) the particulars of all public land converted to priv ate land by allocation; Section 8(2)(b) the names and addresses of all persons whose land has converted to public through compulsory acquisition or reversion of leasehold; Section 8(2)(c) particulars of community land converted into public; and Section 8(2)(d) such other details as the Commission may consider necessary.

Section 9. Conversion of land Section 9(1) Any land may be converted from one category to another in accordance with the provisions of this Act or any other written law. Section 9(2)(a) public land may be converted to private land by allocation; Section 9(2)(b) subject to public needs or in the interest of defence, public safety, public order, public morality, public health, or land use planning, public land may be converted to community land; Section 9(2)(c) compulsory acquisition; Section 9(2)(c)(i) compulsory acquisition; Section 9(2)(c)(ii) reversion of leasehold interest to Government after the expiry of a lease; and Section 9(2)(c)(iii) transfers; or Section 9(2)(c)(iv) surrender. Section 9(2)(d) Community land may be converted to either private or public land in accordance with the law relating to community land enacted pursuant to Article 63(5) of the Constitution. Section 9(3) Any substantial transaction involving the conversion of public land to private land shall require approval by the National Assembly or county assembly as the case may be. Section 9(4) Deleted by ActNo. 28 of 2016, s. 45. Section 9(5)(a) prescribing substantial transactions requiring approval of the N...

Section 10. Guidelines on the management of public land Section 10(1) The Commission shall prescribe guidelines for the management of public land by all public agencies, statutory bodies and state corporations in actual occupation or use of public land. Section 10(2) The guidelines prescribed under subsection (1) shall indicate management priorities and operational principles for the management of public land resources for identified uses. Section 10(3) The Commission shall, in the development of the guidelines under subsection (1), comply with Article 10(2) of the Constitution

Section 11. Conservation of ecologically sensitive public land Section 11(1) The Commission shall take appropriate action to maintain public land that has endangered or endemic species of flora and fauna, critical habitats or protected areas. Section 11(2) The Commission shall identify ecologically sensitive areas that are within public lands and demarcate or take any other justified action on those areas and act to prevent environmental degradation and climate change. Section 11(3) Notwithstanding subsection (2) the Commission shall consult existing institutions dealing with conservation.

Section 12. Allocation of public land Section 12(1)(a) public auction to the highest bidder at prevailing market value subject to and not less than the reserved price; Section 12(1)(b) application confined to a targeted group of persons or groups in order to ameliorate their disadvantaged position; Section 12(1)(c) public notice of tenders as it may prescribe; Section 12(1)(d) public drawing of lots as may be prescribed; Section 12(1)(e) public request for proposals as may be prescribed; or Section 12(1)(f) public exchanges of equal value as may be prescribed. Section 12(2)(a) public land that is subject to erosion, floods, earth slips or water logging; Section 12(2)(b) public land that falls within forest and wild life reserves, mangroves, and wetlands or fall within the buffer zones of such reserves or within environmentally sensitive areas; Section 12(2)(c) public land that is along watersheds, river and stream catchments, public water reservoirs, lakes, beaches, fish landing areas riparian and the territorial sea as may be prescribed; Section 12(2)(d) public land that has been reserved for security, education, research and other strategic public uses as may be prescribed; and S...

Section 13. Lessee pre-emptive rights to allocation Section 13(1)(a) within five years, notify the lessee, by registered mail, of the date of expiry of the lease and inform the lessee of his or her pre-emptive right to allocation of the land upon application, provided that such lessee is a Kenyan citizen and that the land is not required by the national or county government for public purposes; and Section 13(1)(b) if within one year the lessee shall not have responded to the notification, publish the notification in one newspaper of nationwide circulation. Section 13(1A) Where a lease is not granted after an application under subsection (1), the Commission shall give the lessee the reasons for granting the lease, in writing. Section 13(2)(a) prescribing the procedures for applying for extension of leases before their expiry; Section 13(2)(b) prescribing the factors to be considered by the Commission in determining whether to extend the tenure of the lease or re-allocate the land to the lessee; Section 13(2)(c) the stand premium and or the annual rent to be paid by the lessee in consideration of extension of the lease or re-allocation of the land; Section 13(2)(d) other covenants a...

Section 14. Notification requirements applicable to allocation of public land Section 14(1) The Commission shall, before allocating any public land under this Act, issue, publish or send a notice of action, to the public and interested parties, at least thirty days before, offering for allocation, a tract or tracts of public land. Section 14(2) The notice under subsection (1) shall include the terms, covenants, conditions and reservations which are to be included in the conveyance document and the method of allocation. Section 14(3) The notice under subsection (1) shall provide a period of fifteen days from the date of its issuance, within which the public and interested parties may comment. Section 14(4) At least thirty days prior to the allocation of public land, the Commission shall send a notice to the governor in whose county the public land proposed for allocation is located and to the head of the governing body of any administrative subdivision having development control or other land use regulatory responsibility in the geographic area within which the public lands are located and to the head of any administrative subdivision having administrative or public services respons...

Section 15. Reservation and development of public land. Section 15(1)(a) the surface of the earth and the subsurface rock; Section 15(1)(b) any body of water on or under the surface; Section 15(1)(c) marine waters in the territorial sea and exclusive economic zone; Section 15(1)(d) natural resources completely contained on or under the surface; and Section 15(1)(e) the air space above the surface, Section 15(2) Land that has been reserved by the Commission shall only be used for the purpose set out by the Commission in the order designating the reservation. Section 15(3) Upon coming into force of this Act, the Commission shall undertake an inventory of all land based natural resources. [Act No. 28 of 2016 , s. 49.]

Section 16. Placing of care, control and management of reserved public land Section 16(1)(a) vest the care, control and management of any reserved land with a statutory body, public corporation or a public agency for the same purpose as that for which the relevant public land is reserved under section 15 and for purposes ancillary or beneficial to that purpose; and Section 16(1)(b) subject that care, control and management to such conditions as the Commission specifies. Section 16(2) The Commission may by order in the Gazette , vary any condition to which the care, control and management of reserved land is subject. Section 16(3) Prior to the variation under subsection (2) and where the variation affects a third party the Commission shall notify the third party of such variation. Section 16(4) An order made under this section shall not create any interest in reserved public land in favour of the management body of that reserve. Section 16(5) Where public land reserved under this Act for the purpose of recreation is leased or subleased under a power conferred under subsection (3), the lessee or sub-lessee shall not restrict public access to the area leased unless the terms of the ma...

Section 17. Placing of care, control and management of reserved public land. Section 17(1) A management body shall, on its own motion or at the request of the Commission, submit to the Commission for approval a plan for the development, management and use of the reserved public land vested in the management body. Section 17(2)(a) consider any conservation, environmental or heritage issues relevant to the development, management or use of the public land in its managed reserve for the purpose of that managed reserve; and Section 17(2)(b) incorporate in the plan a statement that it has considered those issues in drawing up the plan; Section 17(2)(c) submit an environmental impact assessment plan pursuant to existing law on environment; and Section 17(2)(d) comply with the values and principles of the Constitution. Section 17(3) If a management body submits a plan to the Commission under subsection (1) and the Commission approves that plan and notifies the management body of that fact, the management body may develop, manage and use the public land concerned in accordance with the plan as approved or subsequently varied as the case may be. Section 17(4) Notwithstanding the provisions...

Section 18. Revocation of management orders Section 18(1) If a management body does not comply with guidelines or directions issued by the Commission in writing, or does not submit a development plan in compliance with a request made under section 17 (2), the Commission, by order in the Gazette , may revoke that management order. Section 18(2) If the Commission considers that it is in the public interest to revoke a management order, the Commission may, by order in the Gazette , revoke the management order. Section 18(3) The preparation and implementation of development plans under this Act shall be in accordance with the physical planning regulations and any other relevant law.

Section 19. Conservation of land based natural resources Section 19(1) The Commission shall make rules and regulations for the sustainable conservation of land based natural resources. Section 19(2)(a) measures to protect critical ecosystems and habitats; Section 19(2)(b) incentives for communities and individuals to invest in income generating natural resource conservation programmes; Section 19(2)(c) measures to facilitate the access, use and co-management of forests, water and other resources by communities who have customary rights to these recourses; Section 19(2)(d) procedures for the registration of natural resources in an appropriate register; Section 19(2)(e) procedures on the involvement of stakeholders in the management and utilization of land-based natural resources; and Section 19(2)(f) measures to ensure benefit sharing to the affected communities.

Section 12A. Controlled land Section 12A(1)(a) within a zone of twenty-five kilometres from the inland national boundary of Kenya; Section 12A(1)(b) within the first and second row from high water mark of the Indian Ocean; Section 12A(1)(c) any other land as may be declared controlled land under any law or statute. Section 12A(1)(i) an individual who is not a Kenyan citizen; Section 12A(1)(ii) the government of a country other than Kenya or a political subdivision of a country other than Kenya, or any agency of such govemment or political subdivision; or Section 12A(1)(iii) a body corporate which has non-citizens as shareholders shall be deemed to be a non-citizen. Section 12A(2) No transaction in controlled land, including a transfer for a consideration or by way of trusts, gift inter vivos or otherwise to an ineligible person, shall be dealt with without the prior written approval of the Cabinet Secretary. Section 12A(3) In deciding whether to approve or not approve an application, the Cabinet Secretary shall seek the approval of the relevant authorities [Act No. 28 of 2016 , s. 47.]

Section 20. Licence for temporary purposes Section 20(1) The Commission may grant a person a licence to use unalienated public land for a period not exceeding five years subject to planning principles as it may prescribe. Section 20(2) The Commission may serve a notice to quit upon the licensee at any time after the expiration of nine months from the date of the licence. Section 20(3) The fee payable under a licence under this section, the period and the agreements and conditions of the licence, shall be prescribed by the Commission. Section 20(4) The licensee may, with the consent of the Commission, transfer the benefit of a licence under this section, and the transfer and the consent thereto shall be endorsed on the licence.

Section 21. Removal of building under temporary Licence Section At any time before the licence expires, the occupant of any public land under a licence granted under section 20 may remove any structure or other building erected by the occupant.

Section 22. Penalty for unpaid fees,etc.

Section 23. Implied covenants and conditions by lessor Section 23(1)(a) that the lessor has full power to the land or lease; and Section 23(1)(b) that the lessee, paying the rent and fulfilling the conditions of the lease, shall enjoy quiet possession of the premises without interruption by the lessor or any person claiming under the lessor, except so far as the laws for the time being in force may permit. Section 23(2) A lease or licence for private land within the meaning of Article 64 (b) of the Constitution shall be issued by the Cabinet Secretary and registered by the Chief Land Registrar. [Act No. 28 of 2016 , s. 51, Act No. 18 of 2018 , Sch.]

Section 24. Implied covenant and conditions by lessee or licensee Section pay rent and royalties thereby reserved at the time and in the manner therein provided; and

Section 25. Buildings on public lands Section 25(1)(a) in the case of a lease for a term exceeding thirty years, shall pass to the national or county governments without payment of compensation, on the termination of the lease or license; or Section 25(1)(b) in the case of a lease for a term not exceeding thirty years, may be removed by the lessee within three months of the termination, otherwise than by forfeiture, of the lease unless the Commission elects to purchase those buildings. Section 25(2) If the Commission elects to purchase any buildings, as contemplated in subsection (1)(b), any disagreement as to the purchase price of the buildings, shall be resolved by reference to an independent professional valuer who shall be appointed by the Commission through an open, transparent and competitive process as per the public procurement law. [Act No. 28 of 2016 , s. 53, Act No. 18 of 2018 , Sch.]

Section 26. Covenants and conditions binding on persons claiming under grant, lease or licence Section Every covenant or condition, whether expressed or implied, in a grant, lease or licence under this Act which is binding on a grantee, lessee or licensee shall, unless otherwise expressly provided in the grant, lease or licence, be binding upon all persons claiming an interest in the land that is the subject of the grant, lease or licence, and whose title is derived through or under the grantee, lessee or licensee.

Section 27. Obligations of children Section A child shall be capable of holding title to land through a trustee and such child shall be in the same position as an adult with regard to the child’s liability and obligations to the land.

Section 28. Rents and other payments Section 28(1) The rent, royalties and payments reserved under any lease or licence shall be a debt owed to the national or county government, as the case may be, and shall be paid by the lessee or licensee at the office of the respective government or at such place as such government may prescribe. Section 28(2) The annual rent reserved under any lease or licence shall be payable in advance on the first day of January in each year of the term. Section 28(3) The records of the payments made under subsection (2) shall be submitted to the Commission by the respective government. [Act No. 18 of 2018 , Sch.]

Section 29. Unpaid rents and other payments Section 29(1) If any funds due in respect of any rent, principal installment, royalty or other payment (in this section referred to as “the principal debt”) under any agreement lease or license under this Act, or under any Act repealed by this Act, remain unpaid after the due date, a late payment interest at the rate of two percent per month or part thereof, or at such other rate as may from time to time be specified by the national government or county government, as the case may be in the Gazette , shall be charged on the amount remaining unpaid for more than one month after the due date until the full amount is recovered. Section 29(2) Any payment made under subsection (1) shall first be attributed to the payment of outstanding interest and thereafter only when such interest has been paid in full shall any payment be attributed to the reduction of the principal debt. Section 29(3) If any interest becomes payable under subsection (1) the national government or county government, as the case may be shall serve on the debtor a notice demanding payment of that interest in addition to the other money then due. Section 29(4) Notwithstanding...

Section 30. Commission may sue for rent, etc., in arrears Section Without prejudice to the right of the respective government to recover a debt in any other way, such governnient may sue in Court for any rent, principal, installment, royalty or other payment, payable under any agreement, lease or license under this Act, that is in arrears, or for any penalty payable under section 29 . [Act No. 18 of 2018 , Sch.]

Section 31. Forfeiture of lease if rent unpaid or for breach of covenant Section 31(1)(a) serve a notice upon the lessee, specifying the rent or royalties in arrears or the covenant of which a breach has been committed; and Section 31(1)(b) commence an action in Court for the recovery of the land at any time at least one month after serving the notice contemplated in paragraph (a). Section 31(2) In an action commenced under subsection (1)(b) on proof of the facts, the Court shall declare the lease forfeited, subject to relief upon such terms as may appear just. Section 31(3) If the Court has declared a lease to be forfeited under subsection (2), the national government or county government, as the case maybe may re-enter upon the land. Section 31(4) In exercising the power of granting relief against forfeiture under this subsection (1) the Court shall be guided by the principles of the doctrines of equity. [Act No. 18 of 2018 , Sch.]

Section 32. Forfeiture of licence Section 32(1) Subject to any other provision of this Act, where the rent or any part thereof payable under a license issued under this Act is at any time unpaid for a period of thirty days after the same has become due, or if the licensee fails to comply with, or commits any breach of, the conditions, whether express or implied, of the license, the Commission may make an application in Court to declare the license forfeited. Section 32(2) Upon receipt of an application under subsection (1), together with a statement specifying the rent in arrears or the condition which has not been complied with or of which a breach has been committed, the Court shall cause to be served upon the licensee, a copy of the statement together with a notice of the date, not being less than fourteen days from the date of the notice, when the application will be heard. Section 32(3) If upon the date fixed for the hearing of the application or to which the hearing is adjourned it is proved to the satisfaction of the court that rent is in arrears or that the licensee has failed to comply with or has committed a breach of any of the conditions of the license, the Court shall,...

Section 33. Debt owed to national government or county government, as the case maybe not extinguished by forfeiture Section A forfeiture shall not extinguish any debt owed to the national government or county government, as the case maybe in respect of any rent, royalty or other payment to be made by a lessee or licensee under a lease or license forfeited. [Act No. 18 of 2018 , Sch.]

Section 34. Subdivision, etc., of leasehold land subject to continuing interests, etc Section 34(1)(a) the national government or county government as the case maybe considers necessary; and Section 34(1)(b) according to any proposed plan of subdivision approved under the law relating to physical planning, Section 34(2) The national government or county government as the case maybe shall notify all interest holders and relevant caveators of the boundaries adjustments made under subsection (1). Section 34(3)(a) despite the existence of any interests registered or cautions lodged in respect of that public land; and Section 34(3)(b) with or without the consent of the holders of those interests or of the relevant cautioners. Section 34(4) The national government or county government as the case maybe shall ensure that an adjustment made under subsection (3) is made in conformity with sound planning and land management principles so as to cause as little detriment as possible to any interest or caveat affected by that adjustment. Section 34(5) On the adjustment under subsection (3) of the internal or external boundaries of land held under leasehold tenure subject to interests or caveats...

Section 35. Acceptance of purchase money or rent not to operate as waiver of forfeiture Section The acceptance by or on behalf of the national government or county government as the case maybe of any purchase money or any rent or other payment under any lease or licence shall not be held to operate as a waiver by the national government or county government as the case maybe of any forfeiture accruing by reason of the breach of any covenant or condition annexed to any sale, lease or license of or respecting public land, whether the sale, lease or licence is under this Act or under any other Act relating to the disposal of public land. [Act No. 18 of 2018 , Sch.]

Section 36. Notice of lease, license or agreement action on public land Section 36(1) A notice of action indicating the availability of public land for use through lease, licence, or agreement shall be published in the Gazette and in at least two daily newspapers of nationwide circulation when a determination has been made that such public land is available for a particular use. Section 36(2) The notice under subsection (1) shall indicate the use proposed for the public land and shall notify the public that applications for a lease, licence or agreement shall be considered, and specify the form of negotiation, whether by competitive or non-competitive bidding, under which the land use authorization shall be issued.

Section 37. Community land Section Community land shall be managed in accordance with the law relating to community land enacted pursuant to Article 63 of the Constitution.

Section 134. Establishment of settlement scheme Section 134(1) The National Government shall implement settlement programmes to provide access to land for shelter and livelihood. Section 134(2) Settlement programmes shall, for the purposes of this Act, include, but not be limited to provision of access to land to squatters, persons displaced by natural causes, development projects, conservation, internal conflicts or other such causes that may lead to movement and displacement. Section 134(3) The national government shall administer the settlement programmes in consultation with the Commission and the respective county governments. Section 134(4)(a) the deputy county commissioner; Section 134(4)(b) the sub-county administrator; Section 134(4)(c) a representative of the Commission; Section 134(4)(d) a national government representative, who shall be the secretary; Section 134(4)(e) a representative of persons with special needs; Section 134(4)(f) a representative of women; Section 134(4)(g) a youth representative; and Section 134(4)(h) a representative of elders; Section 134(4)(i) the persons appointed under paragraphs (e), (f), (g) and (h) shall be nominated by the area member of t...

Section 135. Land Settlement Fund Section 135(1) There is established a Fund to be known as the Land Settlement Fund which shall be administered by a board of Trustees known as the Land Settlement Fund Board of Trustees. Section 135(1A)(a) suing and being sued; Section 135(1A)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 135(1A)(c) borrowing money or making investments; Section 135(1A)(d) doing or performing such other things or acts necessary for the proper performance of the functions of the Agency under this Act and which may lawfully be done or performed by a body corporate. Section 135(1B)(a) the Cabinet Secretary responsible for land matters who shall be the Chairperson; Section 135(1B)(b) the Cabinet Secretary responsible for National Treasury; Section 135(1B)(c) the Cabinet Secretary responsible for agriculture; Section 135(1B)(d) the Cabinet Secretary responsible for the environment and natural resources; Section 135(1B)(e) the Cabinet Secretary responsible for Internal Security; and Section 135(1B)(f) a representative of the Commission. Section 135(1C)(a) to squatters; Section 135(1C)(a)(i) to squa...

Section 38. Validity of contracts in sale of land Section 38(1)(a) is in writing; Section 38(1)(a)(i) is in writing; Section 38(1)(a)(ii) is signed by all the parties thereto; and Section 38(1)(b) the signature of each party signing has been attested to by a witness who was present when the contract was signed by such party. Section 38(2)(a) a contract made in the course of a public action; Section 38(2)(b) the creation or operation of a resulting, implied or a constructive trust; or Section 38(2)(c) the verbal contracts shall be reduced to writing within two years from the date of enactment of this Act; and Section 38(2)(c)(i) the verbal contracts shall be reduced to writing within two years from the date of enactment of this Act; and Section 38(2)(c)(ii) the Cabinet Secretary shall put a notice of the requirement to reduce the contracts in writing, in a newspaper of nationwide circulation.

Section 39. Vendor’s right to regain possession Section resuming possession of the land peaceably; or

Section 40. Damages for breach of contract Section 40(1) Nothing in section 39 prevents a vendor from claiming damages and mesne profits from the purchaser for the breach of a contract for a sale, or for breach of any other duty to the vendor which the purchaser may be under independently of the contract, or affects the amount of damages that the vendor may claim. Section 40(2) Any term express or implied in a contract or other instrument that conflicts with this section shall be inoperative.

Section 41. Procedure for obtaining order for possession Section 41(1)(a) of the nature and extent of the breach complained of by the vendor; Section 41(1)(b) whether the vendor considers that the breach is capable of being remedied by the payment of a stated amount of money owing under the contract; Section 41(1)(c) whether the vendor considers that the breach is capable of being remedied by the purchaser doing or desisting from doing anything or paying reasonable compensation or both, and of the thing that the purchaser must do or desist from doing or the amount of compensation that shall be paid or both to remedy the breach and the time, being not less than thirty days, within which the actions referred to in this paragraph must be completed; Section 41(1)(d) of the period within which the purchaser must remedy the breach, if the vendor considers that the breach is capable of being remedied; and Section 41(1)(e) of the consequence where the purchaser fails to remedy the breach or if the vendor does not consider that the breach can be remedied, the vendor may seek an order from the court to possess the land and rescind the contract. Section 41(2)(a) render it invalid so long as t...

Section 42. Relief against rescission of contract for the sale of land Section 42(1)(a) in the proceedings for an order for possession; or Section 42(1)(b) in proceedings brought by the purchaser. Section 42(2) If the vendor has peaceably entered on to the land the purchaser shall apply for relief within ninety days after the entry on to the land. Section 42(3) The court may grant relief on such terms as it considers appropriate, including relief for breach of any term or condition of the contract that is not capable of being remedied. Section 42(4)(a) there has been a breach of the contract by the purchaser; Section 42(4)(b) by reason of the breach, the vendor has the right to rescind the contract; Section 42(4)(c) a notice has been duly and properly served on the purchaser; or Section 42(4)(d) the time for remedying a breach or for paying an amount by way of compensation has expired, and the court may grant relief without determining any of those matters. Section 42(5) Any, express or implied, term in a contract or other instrument to which this section applies that conflicts with or purports to set aside or negate this section shall be inoperative. [Act No. 28 of 2016 , s. 56.]

Section 43. Transfer Section 43(1) In this Part, “transfer” includes a conveyance, an assignment, a transfer of land, a transfer of lease or other instrument used in the disposition of an interest in land by way of transfer. Section 43(2) A proprietor may transfer land, a lease or a charge to any person (including himself or herself), with or without consideration, by an instrument in the prescribed form. Section 43(3) The transfer shall be completed by the registration of the transferee as proprietor of the land, lease or charge. Section 43(4) The transferee of a charge may require the chargor to execute the transfer for the purpose of acknowledging the amount due under the charge at the date of execution of the transfer.

Section 44. Transfer to take effect immediately Section A transfer shall not be expressed to take effect on the happening of any event or on the fulfilment of any condition or at any future time.

Section 45. Transfer of leases Section a warranty on the part of the transferor that the rent, agreements and conditions on the part of the lessee to be paid, performed and observed have been so paid, performed and observed up to the date specified in the transfer or, if no such date is specified, the date of the transfer; and

Section 46. Effect of transfer on agreement in leases Section 46(1) A transfer from a lessor or from a lessee shall possess all the rights, and be subject to all the liabilities, of the lessor or lessee, as the case may be, expressed or implied in the lease, or arising or which have arisen thereunder, and the transferee shall cease to be under any obligation or possessed of any rights in respect of the lease subject to subsection (2). Section 46(2) Nothing in this section shall affect the rights or liabilities of the lessor or lessee, as the case may be, in respect of a breach of any of the agreements expressed or implied in a lease that occurred before the transfer.

Section 47. Transfer subject to charge Section In every transfer of land or a lease subject to a charge, there shall be an implied agreement by the transferee with the transferor to pay the interest, where applicable, secured by the charge.