Equitable Mortgages Act (Cap. 291).

https://www.fao.org/faolex/results/details/en/c/LEX-FAOC062546

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LEX-FAOC062546

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This Act provides for the validity of mortgages or charges made in Kenya by delivery to a person or his agent of a document or documents of title to immovable property, with intent to create a security thereon. Such mortgages shall not be invalidated by section 59 of the Transfer of Property Act, 1882, of India, as applied to Kenya. Delivery shall, subject to the provisions of the Government Lands Act, the Land Titles Act, the Registration of Titles Act or the Registration of Documents Act have the same effect on the immovable property sought to be charged as a deposit of title deeds in England at the date of this Act. The validity shall not apply to rights, titles or interests in any immovable property conferred by a registered instrument, prior to the publication of this Act and nothing in this Act shall prejudicially affect any rights, powers or remedies conferred on a mortgagee or chargee by deposit of a document or documents of title by the Transfer of Property Act, 1882, of India, as applied to Kenya.

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