A Consent by the Encumbrancer to Transfer (Form LRA 34) is an official document used in Kenya to obtain approval from a party holding an encumbrance (such as a mortgage, charge, caveat, or restriction) before transferring encumbered property. This jurisdiction-specific form is prescribed under the Land Registration Act and the Land Registration (General) Regulations, 2017, specifically Rule 50. It ensures that property transfers do not proceed without the knowledge and consent of parties with registered interests in the land.
This form is intended for banks, financial institutions, mortgage holders, chargees, creditors, lienholders, caveat holders, and any encumbrancers who have registered interests on property that is being transferred. When land is subject to an encumbrance such as a mortgage or charge, the transfer cannot legally proceed without the encumbrancer's written consent. This protects lenders and other interest holders from unauthorized disposal of secured property and ensures their rights are preserved or satisfied before ownership changes.
The encumbrancer must provide their identification details including national identity card number or certificate of incorporation/registration number and postal address. The form requires the encumbrancer to make several critical declarations: acknowledging full knowledge of the transfer, understanding its nature and effect, confirming they have received legal advice regarding the transfer's implications, and declaring that neither the transferor nor transferee used compulsion, threats, or undue influence to obtain the consent. These safeguards protect against coerced or fraudulent consents.
The encumbrancer must sign the consent and have their signature verified under Section 45 of the Land Registration Act by a certifying officer who confirms the voluntary and informed execution of the document. This consent is typically accompanied by arrangements for debt settlement, discharge of the charge, or transfer of the encumbrance to other security, ensuring the encumbrancer's interests are protected when the transfer is registered within Kenya's land registration system.