A Form of Consent of a Chargee to a Partition (Form LRA 32) is an official document used in Kenya to obtain approval from a lender or mortgage holder (chargee) before partitioning charged or mortgaged property. This jurisdiction-specific form is prescribed under the Land Registration Act and the Land Registration (General) Regulations, 2017, specifically Rule 47. It protects the interests of financial institutions and creditors by ensuring they consent to how their secured property will be divided.
This form is intended for banks, financial institutions, mortgage companies, lenders, microfinance institutions, and any chargees holding registered charges or mortgages on property that co-owners wish to partition. When land is subject to a charge (mortgage or loan security), the property cannot be partitioned without the chargee's consent, as partition affects the security arrangement. The chargee must approve the partition plan to ensure their security interest is adequately protected in the resulting parcels.
The form requires the title number, date, names of registered proprietors and their registration numbers if corporate, and details of the chargee. Critically, it must reference the specific charge by providing the date of the charge and its entry number in the register. The consent section details how the land will be partitioned, specifying cadastral plan numbers, new title numbers, approximate areas, and which proprietor receives each portion. The chargee indicates which parcels will continue to secure the debt.
The chargee must execute this consent as a deed, making it legally binding. Without this consent, the Land Registrar cannot proceed with the partition of charged property. Once properly executed and submitted with the partition application, it allows the partition to proceed while protecting the chargee's security interest by ensuring the charge continues on the appropriate parcels within Kenya's land registration system.