In recent years, the need to provide title to small units owned by individuals above and under the surface has been increasing. The need for more intensive development on available land, while ensuring security of tenure, has prompted various jurisdictions to search for solutions. Registration of small units is difficult in many jurisdictions due to planning regulations, which regulate minimum parcel sizes on the ground surface. Special legislation to facilitate registration of properties in strata is necessary to facilitate registration of units in high-rise buildings and those units whose sizes are too small for planning regulations to permit them to be regarded as separate parcels on the ground. In response to the need for strata titles in Kenya, an approach utilizing a mixture of general and fixed boundary survey requirements and the English title registration system has been adopted. This paper reviews the current status of the strata legislation in Kenya and provides opinion on its implementation and lessons that may be useful, especially to developing countries.
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