Caveats and cautions on a Kenyan title: what they are and how to deal with them

Caveats and cautions are the most common reason a Kenyan property transaction gets stuck mid-way. Buyers run a title search, find an entry they did not expect, and the deal pauses while everyone works out what to do. Here is the honest 2026 guide to what caveats and cautions actually are, why they get registered, and how to remove them cleanly when they appear.

What they are

Caveat

A caveat is a notice registered on the title by a person claiming an interest in the land. Once registered, the registrar cannot register any subsequent dealing in the land without notifying the caveator and without complying with the caveat’s terms. The caveat is a defensive instrument that pauses transactions until the underlying claim is resolved.

Caution

A caution is similar in effect to a caveat. Under the Land Registration Act 2012, the terminology has been simplified somewhat, and the operational effect of a caution is broadly the same: a third party has registered a claim or interest that the registrar must take into account before any further dealing.

For practical purposes, both caveats and cautions on a Kenyan title mean: there is a claim outstanding, and the title cannot transact freely until it is dealt with.

Why they get registered

• Spouse claiming matrimonial interest
• Beneficiary or co-heir claiming under a deceased estate
• Bank or SACCO claiming charge or discharge dispute
• Buyer with deposit claiming under a sale agreement that has not completed
• Boundary or neighbour claiming encroachment
• Counter-party in a court dispute (the court can order registration of a caution to preserve the position pending resolution)
• Trustee or director claiming on behalf of a company
• Government agency (KRA, county) claiming unpaid charges

Who can register

Any person claiming an interest in the land that is not adequately protected by registration of a formal instrument can apply to register a caveat or caution. The applicant must demonstrate the basis of the claim. The registrar accepts the application if it appears bona fide on its face.

Discovering one in your transaction

1. The official title search shows the entry
2. The buyer’s lawyer raises the issue with the seller’s lawyer
3. The seller is asked to explain and remove
4. The transaction pauses pending removal
5. If the buyer proceeds without removal, the buyer takes the title subject to whatever the caveator can ultimately establish

How to remove

By agreement

The simplest route. The caveator agrees to withdraw, lodges a withdrawal application at the lands registry, and the registrar removes the entry. This is what happens when the underlying claim has been resolved (settlement payment, consent agreement, withdrawn dispute).

By lapse

Some caveats are time limited and lapse automatically after a defined period unless renewed. Older title regimes had more aggressive lapse rules; modern practice is more cautious.

By court order

Where the caveator refuses to withdraw, the registered owner can apply to court for an order to remove. The court considers whether the caveator’s underlying claim has any prospect of success. If the claim is baseless, the court orders removal and may award costs against the caveator. If the claim has merit, the court typically directs the underlying dispute to be resolved before removal.

By substituting security

In some circumstances, the registered owner can lodge a bond or security in place of the caveat, allowing the transaction to proceed while the underlying dispute continues against the substituted security.

Practical advice for buyers

• Always run an official title search on the day before completion. Caveats can be registered at any time
• Never complete a transaction with a caveat or caution outstanding without full understanding of the underlying claim
• Do not accept the seller’s assurance that “it will be removed soon”. Removal has to happen before completion, not after
• Where the caveat reflects a real dispute (matrimonial, succession, bank charge), the underlying issue must be resolved, not just the entry removed

Practical advice for sellers

• Run your own title search before you list, not after the buyer’s lawyer raises the issue
• If you find caveats or cautions, deal with them before listing. Buyers discount aggressively on encumbered titles
• For matrimonial property, secure the spousal consent up front
• For succession titles, complete succession before listing
• For property under bank charge, get a discharge plan in writing from the bank before listing

Caveats and cautions are not a defect in the Kenyan land system. They are how the system protects third party claims. The defect is the buyer who proceeds without understanding what a particular caveat actually represents.

How Goldstay handles it

For sourcing clients we run thorough title diligence and require a clean title search at completion. Where a caveat or caution exists, we work through it properly with our legal partners rather than papering it over.

Read also our pieces on how to verify a Kenyan title deed and using Ardhisasa.