FAQs – Restoration

The Land (Title Deeds Restoration) Act Cap. 229 C (as amended by the Land (Title Proceedings) Act, 2011) allows for valid title deeds to be restored in certain situations. The process of restoring documents allows a certified copy of a validly executed deed which has been recorded at the Land Registry to be used in circumstances where the original deed has been proven to be lost, stolen or destroyed.

The fee simple owner should apply for the Restoration of the Title Deeds. No transactions should be done on a parcel of land without the fee simple owner. However, the person who was last in possession of the missing documents should file an Affidavit indicating how they gained possession of the missing documents, when it was realized that the documents were missing and what searches were conducted for the missing documents.

All Affidavits in support of Applications to Restore Title Documents must contain a clause whereby the Applicant undertakes to deposit the original title deeds with the Registrar of Titles once they are located after the restoration process has been completed. Therefore, any recovered title deeds should be forwarded to the Registrar of Titles under the cover of a letter.  This letter should contain details as to the Application made, such as the Application Number, the name of the Applicant and the documents which were restored.

According to section 158 of the Land Registration Act, all documents recorded at the Land Registry, save limited exceptions, must bear the signature of an attorney-at-law responsible for the document’s preparation.  Documents relating to the restoration of title deeds do not fall under these specific exceptions and must therefore be prepared by an attorney-at-law qualified to practice under the Legal Profession Act.

There is no Application fee for the Restoration of Title Deeds at the Land Registry. However, all documents must be recorded and the Land Registry and, therefore, must be prepared by an attorney at law.  Additionally, the Applicant is responsible for placing at least two advertisements in the daily newspapers. As a result, the usual recording fees for all documents recorded at the Land Registry apply in addition to the advertising and legal fees which must all be borne by the Applicant.

Before preparing the Application, the Applicant must publish advertisements in two copies of a daily newspaper.  These advertisements must give the public six (6) weeks from the date of publication of the first advertisement to contact the Registrar of Titles in a circumstance where they have knowledge that the title deeds to be restored have not been lost, stolen, misplaced or destroyed as alleged. After the six weeks have elapsed, the Application should be filed at the Land Registry.  Copies of the advertisements should be attached to the Affidavit in Support. The Applicant should immediately after filing the Application and supporting documentation, present the Certificate of Restoration to the Land Registry for execution.  The length of time taken to complete the process will be dependent on when the completed Certificates of Restoration are received by the Land Registry, whether there are any deficiencies in the Application and Affidavit filed and how quickly any deficiencies are corrected by the Attorney-at-Law.