A title deed is important evidence of land ownership, but it is not the whole story. When a title is challenged, the holder must show its lawful root: how the land passed from the original owner or allocating authority to the person now claiming it. A title that was not regularly acquired does not confer ownership.
What does a title deed prove?
Under section 26 of the Land Registration Act, 2012, a certificate of title is prima facie evidence that the person named owns the land. In everyday language, it is evidence of ownership on its face, but it is not beyond challenge.
A title can be challenged where it was acquired illegally, unprocedurally, through a corrupt scheme, fraud or misrepresentation. Having a registered title therefore does not settle every question about how the land was acquired.
What is the root of title?
The root of title is the lawful history behind the document. It means tracing the chain of transfers back to the original owner or allocating authority and showing that each step of acquisition was lawful.
Think of land that has changed hands several times. The current holder’s title shows the latest position, but a challenge may require looking further back. How did the first owner acquire it? How did it pass to the next person, and eventually to the current holder?
The point is not simply to collect names of previous owners. It is to establish a lawful chain. Registration does not turn an irregular acquisition into a good ownership right, even where the current holder bought from someone else.
Look beyond the final document
If you are considering buying land, ask about its history as well as the title deed. Ask for records explaining how the seller acquired it and how earlier transfers connect back to its source. Keep copies of what you receive and note any gaps or unexplained changes.
If your own title is challenged, gather the records supporting that history and speak to an advocate about them. The title is the end product; the lawful process behind it matters too.
📚 Bitange & 2 others v Tuva & 4 others [2026] KECA 2518 (KLR)
Entertainment and general information, not legal advice. For advice on your own situation, speak to an advocate.