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Land boundaries case where do I start so much fraudulence in map amendment

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Introduction

Land boundary disputes are a common issue in Kenya, often exacerbated by fraudulent activities in map amendments. Resolving such disputes requires a thorough understanding of the legal framework governing land ownership, boundaries, and the processes for addressing grievances. This response will guide you through the steps to take when dealing with a land boundary dispute, focusing on the relevant laws and procedures in Kenya.

Relevant Laws and Acts
- Constitution of Kenya, 2010
- Land Registration Act, 2012
- Survey Act, Cap 299
- Physical and Land Use Planning Act, 2019
- Environment and Land Court Act, 2011
Initial Steps in Addressing Land Boundary Disputes
- Verification of Land Ownership
- Survey and Mapping
- Engaging a Licensed Surveyor
Legal Procedures for Resolving Boundary Disputes
- Filing a Complaint with the Land Registrar
- Mediation and Alternative Dispute Resolution (ADR)
- Litigation in the Environment and Land Court
Addressing Fraudulent Map Amendments
- Investigating the Fraud
- Reporting to Relevant Authorities
- Legal Recourse
Conclusion

1. Relevant Laws and Acts

Constitution of Kenya, 2010

Article 40: Protects the right to property, including land ownership.
Article 60: Provides principles of land policy, including equitable access to land and security of land rights.

Land Registration Act, 2012

Section 18: Addresses boundary disputes and the role of the Land Registrar in resolving them.
Section 79: Deals with rectification of the register, including amendments to maps.

Survey Act, Cap 299

Section 21: Outlines the duties of surveyors in the demarcation and mapping of land boundaries.
Section 32: Provides for the correction of errors in surveys and maps.

Physical and Land Use Planning Act, 2019

Section 57: Addresses the preparation and amendment of physical development plans, including maps.

Environment and Land Court Act, 2011

Section 13: Grants the Environment and Land Court jurisdiction over disputes relating to land and the environment.

2. Initial Steps in Addressing Land Boundary Disputes

Verification of Land Ownership

Obtain a copy of the title deed: Ensure that you have a valid title deed for the land in question. This document is crucial in establishing ownership and the boundaries of your property.
Check the land register: Visit the Land Registry to verify the details of your land, including any registered boundaries and any amendments made to the map.

Survey and Mapping

Obtain a survey plan: A survey plan provides a detailed map of your land, including its boundaries. This document is essential in identifying any discrepancies in the boundaries.
Compare with official maps: Compare your survey plan with the official maps held by the Survey of Kenya to identify any inconsistencies or fraudulent amendments.

Engaging a Licensed Surveyor

Hire a licensed surveyor: Engage a licensed surveyor to conduct a fresh survey of your land. The surveyor will demarcate the boundaries and prepare a new survey plan.
Survey report: Obtain a survey report from the surveyor, detailing the findings and any discrepancies identified.

3. Legal Procedures for Resolving Boundary Disputes

Filing a Complaint with the Land Registrar

Submit a formal complaint: File a formal complaint with the Land Registrar, detailing the boundary dispute and any evidence of fraudulent map amendments.
Registrar's investigation: The Land Registrar will investigate the complaint, which may involve conducting a site visit and reviewing the survey plans and maps.
Registrar's decision: The Land Registrar will make a decision on the boundary dispute, which may include rectifying the map and updating the land register.

Mediation and Alternative Dispute Resolution (ADR)

Mediation: Consider mediation as an alternative to litigation. Mediation involves a neutral third party who helps the disputing parties reach a mutually acceptable resolution.
ADR mechanisms: Explore other ADR mechanisms, such as arbitration or negotiation, to resolve the boundary dispute without going to court.

Litigation in the Environment and Land Court

Filing a lawsuit: If mediation and ADR fail, you can file a lawsuit in the Environment and Land Court. The court has jurisdiction over land disputes, including boundary issues.
Court proceedings: The court will hear the case, review the evidence, and make a determination on the boundary dispute.
Court order: The court may issue an order to rectify the map, update the land register, and address any fraudulent activities.

4. Addressing Fraudulent Map Amendments

Investigating the Fraud

Gather evidence: Collect all relevant evidence of the fraudulent map amendments, including survey plans, title deeds, and correspondence with the Land Registry.
Engage experts: Consider engaging experts, such as surveyors and legal professionals, to assist in investigating the fraud and preparing your case.

Reporting to Relevant Authorities

Report to the police: File a report with the police, detailing the fraudulent activities and providing any evidence you have gathered.
Report to the Ethics and Anti-Corruption Commission (EACC): The EACC is responsible for investigating and prosecuting corruption and fraud cases. Submit a report to the EACC, including all relevant evidence.

Legal Recourse

Civil action: Consider filing a civil lawsuit against the individuals or entities responsible for the fraudulent map amendments. Seek legal advice on the appropriate legal remedies, such as damages or an injunction.
Criminal prosecution: Work with the police and the Director of Public Prosecutions (DPP) to pursue criminal charges against the perpetrators of the fraud.

Conclusion

Resolving a land boundary dispute in Kenya, especially when fraudulent map amendments are involved, requires a systematic approach. Start by verifying land ownership and engaging a licensed surveyor to identify any discrepancies. Utilize the legal procedures available, including filing a complaint with the Land Registrar, exploring mediation and ADR, and, if necessary, litigating in the Environment and Land Court. Address fraudulent activities by gathering evidence, reporting to relevant authorities, and pursuing legal recourse. By following these steps and leveraging the relevant laws and acts, you can effectively address and resolve your land boundary dispute.