Caution on Land Registration (Kenya)
Lodgement of Caution under Section 71 of the Land Registration Act No. 3 of 2012
CAUTION ON LAND REGISTRATION
TO: The Land Registrar [Land Registry Office] Date: [Lodging Date] IN THE MATTER OF: Land Reference / Title No. [Land Registration Number] I/We, [Cautioner Name] (National ID / Passport No. [Cautioner I D Number]), of [Cautioner Address] (Tel: [Cautioner Contact], Email: [Cautioner Email]) (hereinafter "the Cautioner"), HEREBY LODGE THIS CAUTION pursuant to Section 71 of the Land Registration Act No. 3 of 2012 in respect of the land described below.
1. Land Subject to Caution
1.1 Land Reference / Title Number: [Land Registration Number] 1.2 Land Registry: [Land Registry Office] 1.3 Description of Land: [Land Description] 1.4 Name of Registered Owner (if known): [Registered Owner Name]
2. Nature of Interest Claimed
2.1 The Cautioner claims an interest in the above-described land of the following nature: [Nature Of Interest] 2.2 The facts giving rise to the claimed interest are as follows: [Interest Description] 2.3 Supporting Documents: [Supporting Document Reference]. Certified copies of supporting documents are attached hereto and form part of this caution application.
3. Prayer and Effect of Caution
3.1 The Cautioner requests the Land Registrar to enter this caution against the title of the above land, whereby the Land Registrar is prohibited from registering any dealing in respect of the said land without first serving notice on the Cautioner and giving the Cautioner a reasonable opportunity to be heard, as provided under Section 71(3) of the Land Registration Act No. 3 of 2012. 3.2 The Cautioner understands that under Section 71(4) of the Land Registration Act No. 3 of 2012, the Land Registrar may, upon application by the registered owner or any person affected by the caution, and after giving the Cautioner an opportunity to be heard, remove the caution if the interest claimed is not substantiated. 3.3 The Cautioner further understands that lodging a caution without reasonable cause renders the Cautioner liable to compensate any person who suffers damage as a result thereof, pursuant to Section 71(6) of the Land Registration Act No. 3 of 2012.
4. Advocate's Details (if applicable)
This caution is lodged by / through: Advocate / Law Firm: [Advocate Name] Advocate's Address: [Advocate Address] (If lodged directly by the cautioner, this section does not apply.)
5. Declaration
I, [Cautioner Name], declare that: (a) I have a genuine interest in the land described above as set out in this application; (b) The facts stated in this caution are true and accurate to the best of my knowledge; (c) I understand the consequences under the Land Registration Act No. 3 of 2012 of lodging a caution without reasonable cause. Signed by the Cautioner: Name: [Cautioner Name] National ID / Passport: [Cautioner I D Number] Date: [Lodging Date] Signature: ____________________
For Official Use — Land Registry
Received at the [Land Registry Office] on: ____________________ Caution Reference Number: ____________________ Registrar's Signature: ____________________ Official Stamp:
Cautioner
________________
Signature
What Is a Caution on Land Registration (Kenya)?
A Caution on Land Registration in Kenya captures the information a regulator requires to assess and process the request it covers.
The Land Registration Act No. 3 of 2012 consolidated and replaced three earlier land statutes — the Registered Land Act (Cap. 300), the Registration of Titles Act (Cap. 281), and the Government Lands Act (Cap. 280) — into a single framework administered by the Ministry of Lands and Physical Planning. Section 71(1) of the Act gives any person who claims an interest in registered land the right to lodge a caution with the Land Registrar for the relevant county registry. Under Section 71(3), the Registrar must serve written notice on the registered proprietor within 14 days that a caution has been lodged. Section 72 of the Land Registration Act prescribes the procedure for removing cautions and the compensation liability where a caution is lodged without sufficient cause.
Cautions are administered by county land registries operating under the National Land Commission (NLC), established under Article 67 of the Constitution of Kenya 2010 and the National Land Commission Act No. 5 of 2012. The NLC has oversight of public land and supervises the land registration system across Kenya's 47 counties. The caution form — Form LRA No. 71 under the Land Registration (General) Regulations 2017 (Legal Notice No. 278 of 2017) — is filed at the registry covering the sub-county in which the land is situated, identified by its parcel or title number. Properties on the National Land Information Management System (NLIMS), also known as ArdhiSasa, may be lodged electronically through the eCitizen portal operated by the Ministry of Lands and Physical Planning.
A Caution on Land Registration is legally distinct from a caveat used in Australian and New Zealand property law, though the protective function is similar. It is also distinct from an inhibition registered under Section 73 of the Land Registration Act, which is a court-ordered restriction broader in scope than a caution. An inhibition can only be lifted by court order; a caution may be withdrawn by the cautioner or removed administratively by the Registrar after hearing objections. The Environment and Land Court (ELC), established under Article 162(2)(b) of the Constitution of Kenya 2010 and the Environment and Land Court Act No. 19 of 2011, has exclusive jurisdiction over disputes arising from the registration or removal of cautions.
Section 72(2) of the Land Registration Act No. 3 of 2012 provides that a person who lodges a caution without reasonable cause is liable to pay compensation to any person who suffers damage as a result. This liability deters abusive or speculative cautions and is frequently cited in ELC decisions. Advocates regulated by the Law Society of Kenya (LSK) advise clients to lodge cautions only where there is a bona fide, identifiable interest — such as an unpaid purchase price, a disputed boundary, an equitable interest under a trust, or a spousal interest under Section 12 of the Matrimonial Property Act No. 49 of 2013 — before proceeding.
The caution must be supported by a sworn statutory declaration or affidavit setting out the nature of the cautioner's interest, the title number of the affected land, and the sub-county registry at which the land is registered. The statutory declaration must be commissioned before a Commissioner for Oaths appointed under the Oaths and Statutory Declarations Act (Cap. 15). Supporting documents — a sale agreement, trust deed, court decree, or marriage certificate — should be exhibited as annexures to establish the basis of the claimed interest.
The Charge Over Land under the Land Act No. 6 of 2012 and the Certificate of Lease under the Land Registration Act serve complementary but distinct purposes from the caution: a charge creates security rights for a lender, while a Certificate of Lease confirms registered leasehold ownership. A caution bridges the gap in both contexts, protecting interim interests before formal registration is completed.
When Do You Need a Caution on Land Registration (Kenya)?
A Caution on Land Registration in Kenya is needed whenever a person holds or claims an interest in registered land that is not yet reflected on the land register and wishes to prevent the registered proprietor from dealing with the land — through sale, transfer, charge, or subdivision — to the detriment of that interest.
A caution is needed by a purchaser who has paid a deposit or part of the purchase price for land under a sale agreement but has not yet received a transfer in their favour. Until the transfer is registered, the seller remains the registered proprietor and could in principle sell or charge the same land to a third party. Lodging a caution under Section 71 of the Land Registration Act No. 3 of 2012 prevents the Registrar from recording any subsequent dealing without notifying the cautioner, protecting the purchaser's equitable interest during the conveyancing period.
A caution is required by a beneficiary under a trust or family settlement where land is held in the name of a trustee but the beneficial interest belongs to another person — for example, where one sibling holds ancestral land on trust for all siblings. The beneficial owner cannot compel registration of the trust under the Land Registration Act, but lodging a caution alerts prospective purchasers to the existence of competing claims.
A caution is needed by a spouse asserting a beneficial interest in matrimonial property under the Matrimonial Property Act No. 49 of 2013, where the matrimonial home is registered solely in the other spouse's name. Section 12 of the Matrimonial Property Act expressly empowers either spouse to lodge a caution on the matrimonial home to prevent disposal without consent.
A caution is needed when a judgment creditor has obtained a decree against the registered proprietor and wishes to prevent the debtor from disposing of the land before the judgment can be enforced through an attachment under the Civil Procedure Rules 2010 (Order 22). The caution provides interim protection pending an application to the Environment and Land Court (ELC) for a formal charging order or inhibition under Section 73 of the Land Registration Act.
A caution is required by a lender or financier who has extended credit secured by an agreement or letter of undertaking but whose charge has not yet been formally registered. Until registration is complete, the caution protects the lender's priority against subsequent dealings. Once the Charge Over Land under the Land Act No. 6 of 2012 is formally registered, the caution is typically withdrawn.
A caution is needed where a boundary dispute has arisen between adjacent landowners and one party has applied to the Land Registrar or the NLC for a boundary survey under the Survey Act (Cap. 299). Lodging a caution prevents any subdivision or amalgamation that might prejudice the disputed boundary determination while the survey is pending.
A caution on land registration is a temporary protective tool, not a permanent solution. Where a permanent restriction is required, an Advocate of the High Court of Kenya should advise on whether an application for an inhibition under Section 73 of the Land Registration Act, or an injunction from the ELC under Section 13(2) of the Environment and Land Court Act No. 19 of 2011, is the appropriate remedy.
What to Include in Your Caution on Land Registration (Kenya)
A valid Caution on Land Registration in Kenya lodged under Section 71 of the Land Registration Act No. 3 of 2012 must contain the following essential elements to be accepted by the Land Registrar and to withstand any application for removal before the Environment and Land Court (ELC).
Parcel Identification: The exact title number of the affected land as it appears on the land register, including the land registration district and sub-county registry — for example, Nairobi Block 12/547 or Kiambu/345. An inaccurate or incomplete title number results in rejection at the registry counter. The correct title number can be verified by conducting an official search at the relevant county land registry or through the eCitizen ArdhiSasa portal operated by the Ministry of Lands and Physical Planning.
Cautioner's Details: Full legal name, National Identity Card (NIC) number, and address of the cautioner — the person or entity claiming the interest. Where the cautioner is a company registered with the Business Registration Service (BRS), the BRS registration number and registered office address must be provided. Where a cautioner is represented by an Advocate of the High Court of Kenya regulated by the Law Society of Kenya (LSK), the Advocate's practising certificate details should be disclosed.
Nature of the Interest Claimed: A clear and specific statement of the interest the cautioner claims — for example, purchaser under a sale agreement dated [date], beneficiary under a trust deed dated [date], or judgment creditor under High Court Civil Case No. [number]. Vague claims such as "I have an interest" are insufficient and will not survive a removal application. The interest must be a proprietary or quasi-proprietary right in the land itself, not merely a personal claim against the registered proprietor.
Statutory Declaration or Affidavit: A sworn statement by the cautioner, commissioned before a Commissioner for Oaths or a magistrate under the Oaths and Statutory Declarations Act (Cap. 15), setting out the facts establishing the claimed interest and exhibiting any supporting documents — sale agreement, transfer deed, trust deed, court decree, or marriage certificate — as annexures. The statutory declaration must comply with the Land Registration (General) Regulations 2017 (Legal Notice No. 278 of 2017).
Land Registry Filing: The caution and supporting statutory declaration are filed at the county land registry responsible for the sub-county in which the land is situated, together with the prescribed lodgement fee under the Land Registration (Fees) Rules (Legal Notice No. 77 of 2020). The registry stamps the caution with the date and time of lodgement, which determines priority against subsequent dealings.
Notice to Registered Proprietor: Under Section 71(3) of the Land Registration Act No. 3 of 2012, the Land Registrar must serve written notice on the registered proprietor within 14 days of the caution being lodged, informing the proprietor of the cautioner's identity and the nature of the claimed interest. The proprietor may apply to the Registrar or the ELC for removal of the caution if it lacks reasonable cause.
Withdrawal and Compensation Liability: A caution may be withdrawn by the cautioner by filing a withdrawal notice at the registry at any time. Under Section 71(5) of the Land Registration Act, a caution lapses automatically once the claimed interest has been registered or resolved. Section 72(2) exposes a cautioner who lodges a caution without reasonable cause to a compensation claim by any person suffering loss — the ELC consistently requires cautioners to demonstrate a genuine, substantiated interest before refusing to order removal.
Relationship to the Charge Over Land and Certificate of Lease: A caution under Section 71 of the Land Registration Act protects interim interests during the period between signing a sale agreement and completing formal registration of a Certificate of Lease or a Charge Over Land under the Land Act No. 6 of 2012. Once the formal title or charge is registered, the caution should be withdrawn promptly.
Forms-legal.com provides this Kenya Caution on Land Registration template to assist landowners, purchasers, and practitioners in protecting legitimate interests in registered land in compliance with the Land Registration Act No. 3 of 2012 and the Land Registration (General) Regulations 2017. Users should engage a qualified Advocate of the High Court of Kenya for all land transactions given the significant financial interests involved.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Caution on Land Registration (Kenya) (Kenya) [Legal document template]. Forms Legal. https://forms-legal.com/kenya/real-estate/property/caution-land-registration-kenya
"Caution on Land Registration (Kenya) (Kenya)." Forms Legal, 2026, https://forms-legal.com/kenya/real-estate/property/caution-land-registration-kenya.
@misc{formslegal-caution-land-registration-kenya,
author = {{Forms Legal}},
title = {Caution on Land Registration (Kenya) (Kenya)},
year = {2026},
howpublished = {\url{https://forms-legal.com/kenya/real-estate/property/caution-land-registration-kenya}},
note = {Free legal document template}
}Frequently Asked Questions
The legal basis for lodging a caution on land in Kenya is Section 71 of the Land Registration Act No. 3 of 2012, which replaced the former Registered Land Act (Cap. 300). Section 71(1) entitles any person claiming an interest in registered land to lodge a caution with the Land Registrar for the relevant county registry, preventing the Registrar from making any entry that would prejudice the cautioner's claimed interest without first serving notice and allowing the cautioner an opportunity to object. The caution must be supported by a sworn statutory declaration setting out the nature of the interest claimed, prepared in compliance with the Oaths and Statutory Declarations Act (Cap. 15) and the Land Registration (General) Regulations 2017 (Legal Notice No. 278 of 2017). The prescribed lodgement fee is payable under the Land Registration (Fees) Rules (Legal Notice No. 77 of 2020). Disputes over the registration or removal of cautions fall within the exclusive jurisdiction of the Environment and Land Court (ELC) established under Article 162(2)(b) of the Constitution of Kenya 2010 and the Environment and Land Court Act No. 19 of 2011.
A caution lodged under Section 71 of the Land Registration Act No. 3 of 2012 does not have a fixed expiry date — it remains on the register until withdrawn by the cautioner, removed by the Land Registrar following a successful application by the registered proprietor, or lifted by order of the Environment and Land Court (ELC). Section 71(5) provides that a caution lapses automatically once the interest claimed has been registered on the land register or has been resolved by agreement or court order. The registered proprietor may apply to the Land Registrar for removal under Section 71(4), and if the cautioner fails to substantiate the claimed interest within the time specified by the Registrar, the caution will be cancelled. A cautioner who no longer requires the protection of the caution should file a withdrawal notice promptly to avoid liability for compensation under Section 72(2) of the Land Registration Act to any person who suffers loss as a result of the caution remaining on the register.
A caution lodged under Section 71 of the Land Registration Act No. 3 of 2012 and an inhibition registered under Section 73 of the same Act are both protective entries on the land register, but differ significantly in how they arise, their scope, and how they are removed. A caution is lodged unilaterally by a person claiming an interest — it is an administrative act that the cautioner can withdraw or the Land Registrar can remove after notice to the cautioner. An inhibition is ordered by a court — typically the Environment and Land Court (ELC) or the High Court — and restrains all or specified dealings in the land. An inhibition cannot be removed by the Registrar unilaterally; a court order is required to lift it. An inhibition is broader in scope and used where the court wishes to maintain the status quo pending litigation. A caution is a private protective notice; an inhibition is a court-supervised restriction. Advocates regulated by the Law Society of Kenya (LSK) typically recommend lodging a caution as a first step, then applying to the ELC for an inhibition or injunction under Section 13(2) of the Environment and Land Court Act No. 19 of 2011 if the caution is challenged.
Yes. A purchaser who has entered into a sale agreement for land in Kenya and paid a deposit or part of the purchase price has an equitable interest capable of protection by a caution under Section 71 of the Land Registration Act No. 3 of 2012. Until the transfer is registered, the seller remains the registered proprietor and retains the legal power to transfer or charge the same land to a third party. Lodging a caution prevents the Land Registrar from registering any subsequent dealing without first notifying the cautioner, giving the purchaser an opportunity to object and enforce the sale agreement. The supporting statutory declaration must exhibit the sale agreement as evidence of the claimed interest. The Law Society of Kenya (LSK) conveyancing guidelines recommend lodging a caution immediately upon signing a sale agreement and paying the initial deposit, as double-dealing by vendors is well-documented in Kenya's property market. The Environment and Land Court (ELC) has upheld cautions lodged by purchasers under sale agreements in numerous decisions affirming equitable interests in registered land, and the caution remains relevant until the Certificate of Lease or Title Deed is issued to the purchaser.
Under Section 72(2) of the Land Registration Act No. 3 of 2012, a person who lodges a caution without reasonable cause is liable to pay compensation to any person who suffers damage as a result of the caution being on the register. The registered proprietor of the land — and any third party whose transaction was delayed or frustrated by the caution — may bring a compensation claim before the Environment and Land Court (ELC). The ELC considers the duration of the caution, the nature and value of the dealings blocked, and the extent of the loss suffered. Several ELC decisions have awarded damages against cautioners whose claims were found to be speculative, retaliatory, or designed to frustrate legitimate transactions rather than to protect a genuine interest in land. The remedy for the registered proprietor to have a groundless caution removed is to apply to the Land Registrar under Section 71(4) of the Land Registration Act, or to file an originating motion in the ELC seeking removal and compensation. The National Land Commission (NLC) may also be notified where cautions are lodged abusively in relation to public land.
A caution on land registration in Kenya is filed at the county land registry responsible for the sub-county in which the land is situated. Kenya operates county land registry offices across all 47 counties under the Land Registration Act No. 3 of 2012 and the National Land Commission Act No. 5 of 2012. The Nairobi City County Land Registry at Ardhi House handles land parcels in Nairobi; the Mombasa Land Registry handles Coast Province registrations; and equivalent registries operate in each county. The cautioner or their Advocate must file the completed caution form (Form LRA No. 71 under the Land Registration (General) Regulations 2017), the supporting statutory declaration, a copy of the cautioner's National Identity Card (NIC), and the prescribed lodgement fee under the Land Registration (Fees) Rules (Legal Notice No. 77 of 2020). For properties on the ArdhiSasa National Land Information Management System (NLIMS), caution filings may be initiated through the eCitizen portal operated by the Ministry of Lands and Physical Planning. The date and time of lodgement stamped by the registry determines the priority of the caution against subsequent dealings.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
Found an error? Let us knowRelated Documents
You may also find these documents useful:
Certificate of Lease Application (Kenya)
A Kenya Certificate of Lease application and accompanying lease instrument under Section 54 of the Land Registration Act No. 3 of 2012, used to obtain or transfer registered leasehold title at the Land Registry.
Charge Over Land (Kenya)
A Kenya Charge Over Land securing a loan or obligation against registered land, compliant with the Land Act No. 6 of 2012 and the Land Registration Act No. 3 of 2012. Registered at the relevant Land Registry.
Deed of Assignment (Kenya)
A Kenya Deed of Assignment transferring contractual rights, benefits, leasehold interests, or intellectual property from an assignor to an assignee, compliant with the Land Registration Act No. 3 of 2012 and the Law of Contract Act Cap. 23.
Deed of Rectification (Kenya)
A Kenya Deed of Rectification correcting a clerical error, omission, or misdescription in a prior deed or agreement, executed as a deed under the Law of Contract Act (Cap. 23) and the Land Registration Act No. 3 of 2012 where land is involved.
Land Sale Agreement
Create a legally binding Land Sale Agreement in Kenya for the purchase and sale of registered land under the Land Registration Act No. 3 of 2012, covering all essential terms including purchase price, deposits, completion date, and Land Control Board consent.