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Types of Security Interests


Financial institutions often require different kinds of collateral or securities in instances where their customers are seeking loans.






Creditors’ Rights: Possible Recovery Avenues for Creditors


The following are the options available to creditors to recover from a defaulting debtor:






Procedure for Registration of a Charge


In a nut shell, the procedure to be followed in the registration of an Instrument creating a Charge is as follows:






Perfection of Security Interests


Registration: For shares that are listed on the Nairobi Securities Exchange and have been dematerialised, security over those shares should be registered in accordance…





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CM Property Digest is monthly magazine designed to provide lawyers and real estate investors with up-to-date and commercially- relevant information regarding legal changes and developments and trends in property law and conveyancing, property taxation as well as in estate planning tools in order to promote continuous learning and knowledge sharing.

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Types of Security Interests


Financial institutions often require different kinds of collateral or securities in instances where their customers are seeking loans.






Creditors’ Rights: Possible Recovery Avenues for Creditors


The following are the options available to creditors to recover from a defaulting debtor:






Procedure for Registration of a Charge


In a nut shell, the procedure to be followed in the registration of an Instrument creating a Charge is as follows:






Perfection of Security Interests


Registration: For shares that are listed on the Nairobi Securities Exchange and have been dematerialised, security over those shares should be registered in accordance…






Overview of the Movable Property Security Rights Act, 2017


The Movable Property Security Rights Act, 2017 (“the Act”) was assented into law on 10th May, 2017.




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Real Estate Insights






Building approvals and permits


Before a land owner can undertake development on their land, they will in most cases than not be required to apply for planning approvals and building/project permits.






The Court’s Rulings On Transfer Of Charged Properties


Must Do Before Dealing With A Charged Property






Controlled Tenancies


Section 2 of the Landlord and Tenant (Shops, Hotels and Catering Establishments) (Chapter 301) (Hereinafter referred to as the “Act”)…






Default Clauses in an Agreement for Sale in Respect of Land


An agreement for sale is a legally binding document executed between two parties and that clearly outlines the terms and conditions for the sale of a property.






Differences between a Caution and a Restriction as encumbrances on Land


Cautions and restrictions are instruments through which dealings in land can be curtailed until the happening of a certain event.






Foreigners and Property Ownership in Kenya


Over the years, there has been an increase in the number of foreigners seeking to own land in Kenya either for investment or residence.



Guarantorship for Commercial Leases


It is not uncommon in commercial leases, for landlords to demand that the directors of the company or body corporate taking out the lease…






Various interests in land in Kenya and titling


Interest in land in the first instance means ownership or possessory rights that a person (natural or juridical) holds in land.






Joint Tenancy


Joint tenancy is defined in Section 2 of the Land Act 2012. It is a special and concurrent form of ownership by two or more persons of the same property.






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