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Land boundaries case where do I start so much fraudulence in map amendment
Introduction
Land boundary disputes are a common issue in Kenya, often exacerbated by fraudulent activities such as map amendments. Resolving these disputes requires a clear understanding of the legal framework, proper documentation, and sometimes, legal intervention. This guide will provide a comprehensive overview of the steps you should take to address land boundary disputes in Kenya, including relevant case laws and legal procedures.
Table of Contents
Understanding Land Boundary Disputes
Initial Steps to Resolve Boundary Disputes
Know Your Boundaries
Conduct an Official Search
Engage a Licensed Surveyor
Legal Framework Governing Land Disputes
Land Registration Act
Environment and Land Court Act
Addressing Fraudulent Map Amendments
Legal Procedures for Resolving Boundary Disputes
Filing a Case in the Environment and Land Court
Alternative Dispute Resolution (ADR)
Relevant Case Laws
Conclusion
Sources
1. Understanding Land Boundary Disputes
Land boundary disputes arise when there is a disagreement between neighboring property owners regarding the exact demarcation of their properties. These disputes can be caused by various factors, including unclear property descriptions, historical inaccuracies, and fraudulent activities such as unauthorized map amendments.
2. Initial Steps to Resolve Boundary Disputes
2.1 Know Your Boundaries
The first step in resolving a boundary dispute is to understand the exact boundaries of your property. This can be done by:
Checking Your Deeds: Review the property deeds to understand the legal description of your land.
Land Registry: Access property plans available via the land registry to get an official record of your boundaries.
(Source: AMCCO Properties Ltd ↗)
2.2 Conduct an Official Search
Conducting an official search at the Land Registry is crucial. This search will provide you with the most recent and accurate information about your property boundaries. It is advisable to do this even before drafting any agreements for sale or purchase.
(Source: Begis Law ↗)
2.3 Engage a Licensed Surveyor
A licensed surveyor can help you accurately determine the boundaries of your property. The surveyor will use precise measurements and tools to map out your land, ensuring that the boundaries are correctly identified.
3. Legal Framework Governing Land Disputes
3.1 Land Registration Act
The Land Registration Act (Cap. 300) is a key piece of legislation that governs the registration of land titles in Kenya. It aims to consolidate and rationalize the registration of titles to land, ensuring that all land transactions are properly documented and registered.
(Source: Kenya Law Reports ↗)
3.2 Environment and Land Court Act
The Environment and Land Court Act (No. 19 of 2011) establishes the Environment and Land Court, which has jurisdiction over disputes relating to the environment and land. This court has the same powers as a civil court and can summon and enforce the attendance of any person, examine them on oath, and make binding decisions.
(Source: Kenya Law Reports ↗)
4. Addressing Fraudulent Map Amendments
Fraudulent map amendments are a significant issue in Kenya, often leading to boundary disputes. To address this:
Report to the Land Fraud Unit: The Directorate of Criminal Investigations (DCI) has a Land Fraud Unit that deals with fraud matters regarding land. Report any suspected fraudulent activities to this unit for investigation.
(Source: CID Kenya ↗)
Legal Action: If you suspect that your land boundaries have been fraudulently altered, you can take legal action to rectify the situation. This may involve filing a case in the Environment and Land Court.
5. Legal Procedures for Resolving Boundary Disputes
5.1 Filing a Case in the Environment and Land Court
To file a case in the Environment and Land Court, follow these steps:
Identify the Legal Issue: Clearly identify the specific legal issue you want to address, such as boundary disputes, ownership claims, or fraudulent map amendments.
Hire a Lawyer: Engage a lawyer who specializes in land matters to assist you with the process.
File the Case: Prepare and file the necessary documents with the court, including a detailed description of the dispute and any supporting evidence.
(Source: Real Estate Kenya ↗)
5.2 Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution (ADR) methods, such as mediation and arbitration, can be effective in resolving boundary disputes without going to court. ADR is often faster and less costly than litigation.
6. Relevant Case Laws
6.1 Case Law: Environment and Land Case Civil Suit 63 of 2018
Parties: Plaintiffs/Respondents vs. Defendants
Issue: Boundary dispute and fraudulent activities
Outcome: The court examined the evidence and ruled in favor of the plaintiffs, ordering the rectification of the fraudulent map amendments.
(Source: Kenya Law ↗)
6.2 Case Law: Environment & Land Case 90 of 2017
Parties: Plaintiffs vs. Respondents
Issue: Dispute over land control consent and boundary demarcation
Outcome: The court ruled that no consent was required for properties within Nyeri Municipality, and ordered the proper demarcation of boundaries.
(Source: Kenya Law ↗)
Conclusion
Resolving land boundary disputes in Kenya requires a thorough understanding of the legal framework, proper documentation, and sometimes, legal intervention. By following the steps outlined in this guide, you can effectively address boundary disputes and protect your property rights. If you encounter fraudulent activities, report them to the relevant authorities and consider taking legal action to rectify the situation.
Sources
Answered by mwakili.com