Joint Land Ownership as Part of Estate Planning in Kenya

Last updated on August 24th, 2024

Joint landowners in estate planning enjoy two distinct sets of land laws in Kenya. Namely:

• Joint tenancy-joint land ownership with Survivorship Rights
• Tenancy in common- joint land ownership without Survivorship Rights

Joint land ownership with Rights of Survivorship

Joint land ownership attracts survivorship rights in Kenya.

Survivorship rights allow two or more people to own land or real estate together in equal shares.

After one of the owners dies, the surviving owner(s) inherit the deceased’s share of the land/real estate.

For example:

If Mboya, Jelagat and Kimathi own land.  Mboya, Jelagat and Kimathi would each have owned 33.3%. 

If Kimathi dies, this is what happens; Mboya and Jelagat will each own half of Kimathi’s land. 

Thus, Mboya and Jelagat would each inherit 16.65% ownership from Kimathi.

Talk of conjoined twins? every owner’s consent is required to make any changes to the land that may affect ownership. This may be in selling the land, lien, or acquiring a loan.

Tenancy in Common

Tenants in common own the land/real estate without survivorship rights. The joint owners of the land/real estate own a specific percentage but not equally. For example, in joint ownership, one person can own 60% while the second person can own 40% of the land/real estate.

Benefits of having land/real estate under joint land ownership

1. The tenants in common may distribute their wealth during their lifetime. For example, through Wills and Gifts.
2. When one tenant in common dies, their loved ones can inherit their share in the probate succession process.
3. Joint tenancy is ideal for spouses. When one spouse dies, the surviving spouse inherits their share by operation of law. Thus, zero costs on probate & administration process.
4. Sharing profits and rent that the real estate/land receives.

Disadvantages of having land/real estate under joint land ownership

1. If a co-owner has debts, the other gets exposed to creditors who may force a sale of the land.
2. Joint tenants cannot transfer their interest after their death. Thus, their beneficiaries do not have inheritance rights. Only the survivor inherits the land excluding other loved ones.
3. Lack of freedom. Joint tenants have to ask for permission from each other in making any decisions.

When preparing an estate plan, you should always consider the possibility of owning land jointly. If you’re unsure how you might consider joint land ownership, contact an experienced estate lawyer today. Or, call Kubwa & Co Advocates directly at +254728607818 or email info@kubwaadvocates.com

This Legal Tip of The Day is for general information only; the opinions and arguments here are of the author and do not reflect the official views of Kubwa & Company Advocates. Be sure to seek specific legal advice on the subject matter. If you have any questions on the same, please do not hesitate to contact kubwa@kubwaadvocates.com