This Act provides for the validity of mortgages or charges made in Kenya by delivery to a person or his agent of a document or documents of title to immovable property, with intent to create a security thereon. Such mortgages shall not be invalidated by section 59 of the Transfer of Property Act, 1882, of India, as applied to Kenya. Delivery shall, subject to the provisions of the Government Lands Act, the Land Titles Act, the Registration of Titles Act or the Registration of Documents Act have the same effect on the immovable property sought to be charged as a deposit of title deeds in England at the date of this Act. The validity shall not apply to rights, titles or interests in any immovable property conferred by a registered instrument, prior to the publication of this Act and nothing in this Act shall prejudicially affect any rights, powers or remedies conferred on a mortgagee or chargee by deposit of a document or documents of title by the Transfer of Property Act, 1882, of India, as applied to Kenya.
Authors and Publishers
Legal Name: The National Council for Law Reporting
Brand Name: Kenya Law
Organization type: A semi-autonomous state corporation
Parent Institution: The Judiciary
Parent Act: The National Council for Law Reporting Act
Mission
To Provide Universal Access to Kenya’s Public Legal Information by Monitoring and Reporting on the Development of Jurisprudence for the Promotion of the Rule of Law
Vision
Accessible Public Legal Information towards an Enlightened Society
Data provider
FAO Legal Office (FAOLEX)
The FAO Legal Office provides in-house counsel in accordance with the Basic Texts of the Organization, gives legal advisory services to FAO members, assists in the formulation of