Nothing spells affluence better than owning prime property. If you doubt it, pay a visit to Vipingo Ridge the next time you are at the coast. You will be forgiven for thinking that you are in another country.

While the rest of the world stoops under the weight of the economic crunch, many who have real estate investments are still smiling all the way to the bank, notwithstanding that the crisis resulted in and from overvaluation of some properties and made many mortgages the subject of terrible losses.

At a glance, the equation seems simple. You identify land that has either been developed or not, you save up or get financing, you buy it, your net worth shoots right up. In reality, it is not that simple. Going back to the basics will help put things in context.

Land law is a subset of property law. Since it is immovable, it is categorised as real property as opposed to personal property which includes all movable items that are the subject of ownership or control. Like cats.

For today, I will take you through legal theory on the modes acquisition of property and claims to title. Land, like other forms of property, can be acquired in several ways.

1. Possession may entitle a person to own land if they claim title to it. This method of acquisition is no longer widely applicable as only a few parcels of land in the more remote areas remain unregistered while in the possesion of individuals or communities.
2. Adverse possession is a special form of acquisition by possession. If a squatter remains on a piece of  land for at least 12 years with the knowledge of the true owner and without any interference from such owner, that squatter can claim to have title to the land and be recognised by law as the true owner of the specific piece he has been on. This has actually happened in several instances. It might explain why certain land barons in this country - who will not be named for the purposes of keeping this publication impartial and non-political - have such vicious exchanges with the people squatting on  their land.
3. Land may be acquired by agreement. Most conveyances in mordern times including sales, transfers and long-term leases fall within this mode of acquisition.
4. An interesting means by which land can be acquired is through prescription. If a person enjoys a certain interest over a parcel of land for 20 years, that interest may convert into an ownership interest over the same parcel.
5. Finally, land can be acquired through inheritance. The new owners are usually heirs of the deceased original owner. The passing of ownership rights in this case is through succession which is governed by an entirely distinct but related branch of law – succession law.

Kenya recently enacted new land laws. The aim of the Land Act, the Land Registration Act and the National Land Commission Act is to  consolidate our land-related legislation which was previously a quagmire of disjointed Acts. The new land laws repealed the Registered Land Act, the Registration of Titles Act, The Indian Transfer of Property Act, the Government Lands Act, the Land Titles Act, the Wayleaves Act and the Land Acquisition Act.

How much the new laws will contribute to the improvement of land registration and the simplification of transactions in land can only be evaluated with the passage of time. For now, we are in a transition period during which the repealed laws still apply to some extent by virtue of sections 107 and 108 of the Land Registration Act. While the implementation of the new laws is yet to be settled into a defined familiar system, transactions in land may experience delays and be the subject of some confusion and uncertainty. Find a good lawyer and save yourself the pain. (Disclaimer: this is not an advert nor is this article sponsored by conveyance lawyers).