RESOLVING LAND BOUNDARY DISPUTES IN KENYA

Resolution of boundary disputes involves the use of survey expertise and official land records to settle disagreements between property owners regarding the exact location of their shared boundaries. In Kenya, land boundary disputes are primarily administrative matters resolved under the Land Registration Act (LRA), 2012 and the Land Act, 2012, supplemented by the Survey Act (Cap 299). The law provides a tiered approach, beginning with the Land Registrar and potentially concluding in the Environment and Land Court.

The primary authority for determining boundaries lies with the Land Registrar of the respective district or county. Under Section 18(1) of the Land Registration Act, 2012, the Registrar has the power to determine the precise position of any boundary that is in dispute. Most land in Kenya is registered under “general boundaries,” where the registry map indicates the approximate boundary. The Registrar may, at any time, determine the exact location. If a land owner desires the boundary to be “fixed” (surveyed to a high degree of mathematical precision), they can apply under Section 19. Once fixed, the boundary cannot be altered except by a court order or through a subsequent survey.

The Resolution Process: Step-by-Step

The resolution process for a boundary dispute begins with the aggrieved party obtaining an official Certificate of Search and a Registry Index Map (RIM) or Mutation Form from the Land Registry to confirm the recorded land dimensions. Once this information is verified, the next step is to apply to the Land Registrar under Section 18(2) of the Land Registration Act (LRA), requesting a boundary determination. This involves submitting a formal complaint letter along with payment of the prescribed fee. In accordance with Section 18(3), the Registrar must then notify the owners of the adjoining land, giving them an opportunity to participate in the process.

The Land Registrar, typically accompanied by a Government Surveyor under the Survey Act (Cap 299), conducts a site visit to the disputed land. The surveyor’s role is to physically re-establish the boundary by referring to original survey beacons, maps, and other official records. During this visit, the Registrar also gathers evidence from both parties involved in the dispute and may consult local sources such as village elders or long-term neighbors to understand the historical boundary position. This step is crucial for ensuring an informed and fair boundary determination.

Following the site visit, the Registrar makes a final determination. The Registrar shall then order the boundary to be marked by beacons or other means as deemed appropriate. This decision is recorded in the land register.

If a party is dissatisfied with the Registrar’s decision on a boundary dispute, the matter transitions from an administrative to a judicial process. An aggrieved party may appeal to the Environment and Land Court (ELC). However, the Court generally expects that the dispute has first been handled by the Land Registrar, as its jurisdiction in such matters is primarily appellate or supervisory.

The Environment and Land Court Act, 2011, particularly Section 13, empowers the court to hear land boundary cases and grant appropriate remedies such as injunctions, orders for new surveys, or damages for trespass. Key legal provisions relevant to boundary disputes include Section 18 of the LRA, which gives the Registrar authority to determine general boundaries; Section 19, which governs boundary fixing; and Section 20, which makes it an offence to interfere with boundary features. The Survey Act (Cap 299), especially Part VI, outlines technical procedures for surveys, while Section 339 of the Penal Code (Cap 63) criminalizes tampering with boundary marks or beacons.

The procedure for solving boundary disputes in Kenya is designed to be technical and evidence-based. It begins with the Registry and the Surveyor’s map. For any client, the first step is always the Land Registry, not the Court. Ensuring that beacons are maintained and that Registry Index Maps are regularly updated is the best defense against boundary encroachment.

At A.O. WANGA ADVOCATES we are happy to assist you with all land matters. Please contact us at info@aowangaadvocates.com or +254794600191.

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