Local time: Sunday, 19 January 2020 11:48:58hrs
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Ministry of Land Management, Water & Sanitation Services
Conversion from Customary to Common law
Conversion from Customary to Common law

Conversion from Customary to Common law (Acquiring a memorandum of agreement of lease)

 A memorandum of agreement of lease is a legal contract entered into by the Land Board and the plot holder. It spells out all the conditions requirements expected to be fulfilled by both parties. These conditions/requirements are legally binding and should be fulfilled at all times.


The memorandum of agreement of lease is issued to applicants for the following but not limited to:

1. Mining activities

2. Agricultural activities

3. Industrial activities

4. Commercial activities

5. Tourism

6. Civic and communities

7. Residential for non-citizens

8. Residential for citizens

9. Wildlife and birds sanctuaries


Applicants are requested to fill Common Law application form and make an undertaking in writing to indicate their intention to convert from customary law to common law and submit their request to the Sub Land Board. Original plot (customary) certificate is returned to the Land Board. Copy of marriage certificate and form A or B required where applicable.


NB; The fees for this service vary according to land use. (Please contact your Land Board for more details)


a)    The Sub Land Board presents their recommendations to the Main Land Board with all accompanying documents for consideration

b)   A lease is prepared for all approved applications which should be signed by both the Main Land Board and the plot holder.


The importance of a Lease

1.    The lease is important for both the plot holder and the land Board as it confirms the holder’s right to occupy the areas specified for the period stated

2.    It helps to solve disputes. It provides guidance to inheritance.

3.    The lease agreement is a document required to register a title deed



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