How to fix land boundaries

By Julius K’obado

In Kenya, both fixed and general boundary systems are used in marking land for title registration. The first is mostly applicable in urban areas whereas the latter applies in rural areas.

General boundary system

General boundary is not determined in relation to the physical features that demarcate it. These features show the general line of the boundary but do not show the exact location within which such physical features pass. In order to operate satisfactorily, the boundaries exist on the ground and must be maintained by landowners. The government, therefore, guarantees general boundary as to title only. The authority concerned is the Land Registry.

Fixed boundary system

Fixed boundary is where a boundary of a parcel of land has been accurately determined by survey. Survey marks are placed at the corners of the land and the actual boundary between two survey marks is the straight line joining them. Due to its accuracy, the government guarantees title and extent through the land surveyor.

Strengths and Weaknesses

The strength and weakness of each system of a land title registration and its operation depends on the ability to re-establish registered boundaries from the records. Registered boundaries are ground boundaries, which have been reflected by a registration system. Whenever there is uncertainty between two plots over the positions of the beacons marking their fixed boundaries, concerned parties contact a licensed surveyor. The surveyor obtains relevant data from the Director of Surveys, which he or she uses to re-establish the disputed boundary.

However, if there is uncertainty regarding a general boundary, the parties report to the Land Registrar, who then obtains evidence on the original position of the boundary from the local people who often have good memories as to where the boundary once passed. The land registrar can also gather any other evidence including consulting general boundary maps. Generally, ground evidence has more ‘weight’ than the maps. Village elders do not base their evidences on mathematical data but on good memories during the re-establishment.

Fixing general boundaries

General boundaries can be fixed through an application to the local Land Registrar and by commissioning a licensed surveyor. It has to be established that the land is properly demarcated and that there is no dispute with neighbouring plots.

After the survey data is approved by the Director of Surveys, a note shall be made in the land register, and the parcel of land shall be deemed to have its boundaries fixed. Absentee landlords have no alternative but to go for fixed boundaries, which can be restored to their original positions in case they are interfered with. Fixed boundaries are the best boundaries if you want to avoid boundary disputes with your neighbours.

The writer is a licensed surveyor