## Boundary Line Agreement

### Table of Contents

1. Introduction
2. Parties
3. Property Description
4. Boundary Line Agreement
5. Survey and Marking
6. Legal Description
7. Disclaimer
8. Signatures

### Introduction

This Boundary Line Agreement ("Agreement") is made and entered into as of this [Date] by and between [Name of Property Owner 1], residing at [Address of Property Owner 1] ("Owner 1"), and [Name of Property Owner 2], residing at [Address of Property Owner 2] ("Owner 2").

### Parties

This Agreement is made between the following parties:

* **Owner 1:** [Name of Property Owner 1]
* **Owner 2:** [Name of Property Owner 2]

### Property Description

This Agreement pertains to the following properties:

* **Property 1:** [Legal Description of Property 1]
* **Property 2:** [Legal Description of Property 2]

### Boundary Line Agreement

Owner 1 and Owner 2 hereby agree that the boundary line between Property 1 and Property 2 is as follows:

* **[Description of the boundary line, including any specific landmarks, measurements, or other identifying features].**

### Survey and Marking

Owner 1 and Owner 2 agree to engage a licensed surveyor to:

* **Survey the boundary line as described in this Agreement.**
* **Mark the boundary line on the ground with permanent markers.**

### Legal Description

The boundary line described in this Agreement shall be incorporated into the legal descriptions of Property 1 and Property 2.

### Disclaimer

This Agreement does not constitute a warranty or guarantee of the accuracy of the boundary line described herein. Owner 1 and Owner 2 acknowledge that they are responsible for verifying the accuracy of the boundary line and for any costs associated with correcting any errors.

### Signatures

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

**Owner 1:**

[Signature]

[Printed Name]

**Owner 2:**

[Signature]

[Printed Name]

**Witness:**

[Signature]

[Printed Name]

**Witness:**

[Signature]

[Printed Name]

**Note:** This is a sample Boundary Line Agreement and may not be suitable for all situations. It is recommended that you consult with an attorney to ensure that the Agreement is appropriate for your specific circumstances. 


### Introduction

A Boundary Line Agreement is a legal document that clarifies and establishes the boundary line between two adjoining properties. This agreement is essential to prevent disputes and ensure that both property owners have a clear understanding of their property limits. In Kenya, such agreements are governed by various laws, including the Land Registration Act, 2012, and the Land Act, 2012. This document will outline the necessary components and legal considerations for drafting a Boundary Line Agreement in Kenya.

### Table of Contents

1. **Legal Framework**
   - 1.1 Land Registration Act, 2012
   - 1.2 Land Act, 2012

2. **Components of a Boundary Line Agreement**
   - 2.1 Identification of Parties
   - 2.2 Description of Properties
   - 2.3 Agreement on Boundary Line
   - 2.4 Survey and Demarcation
   - 2.5 Dispute Resolution
   - 2.6 Signatures and Witnesses

3. **Sample Boundary Line Agreement**
   - 3.1 Preamble
   - 3.2 Terms and Conditions
   - 3.3 Execution

4. **Conclusion**

### 1. Legal Framework

#### 1.1 Land Registration Act, 2012

The Land Registration Act, 2012, provides the legal framework for the registration of land and property in Kenya. It outlines the procedures for the registration of land, the rights of landowners, and the resolution of disputes related to land boundaries.

- **Section 18**: This section deals with the establishment of boundaries and the role of the Registrar in determining and fixing boundaries.
- **Section 19**: This section outlines the process for the demarcation and survey of land boundaries.

#### 1.2 Land Act, 2012

The Land Act, 2012, complements the Land Registration Act by providing additional provisions related to land management and administration.

- **Section 16**: This section addresses the issue of boundary disputes and the mechanisms for their resolution.
- **Section 17**: This section provides for the appointment of a surveyor to determine and demarcate boundaries.

### 2. Components of a Boundary Line Agreement

#### 2.1 Identification of Parties

The agreement should clearly identify the parties involved, including their full names, addresses, and identification numbers. This ensures that there is no ambiguity regarding the parties to the agreement.

#### 2.2 Description of Properties

A detailed description of the properties involved is essential. This should include the land reference numbers, physical addresses, and any other relevant details that can help in identifying the properties.

#### 2.3 Agreement on Boundary Line

The core of the agreement is the mutual consent of the parties on the boundary line. This section should clearly describe the agreed-upon boundary, including any landmarks or physical markers that define the boundary.

#### 2.4 Survey and Demarcation

A professional surveyor should be engaged to survey and demarcate the boundary line. The surveyor's report and map should be attached to the agreement as an annexure.

#### 2.5 Dispute Resolution

The agreement should include a clause on dispute resolution, outlining the steps to be taken in case of any future disputes regarding the boundary line. This may include mediation, arbitration, or legal action.

#### 2.6 Signatures and Witnesses

The agreement must be signed by both parties and witnessed by at least two independent witnesses. The signatures should be accompanied by the date of signing.

### 3. Sample Boundary Line Agreement

#### 3.1 Preamble

This Boundary Line Agreement ("Agreement") is made and entered into on this [Date] day of [Month], [Year], by and between:

- **Party A**: [Full Name], of [Address], holding National ID No. [ID Number].
- **Party B**: [Full Name], of [Address], holding National ID No. [ID Number].

#### 3.2 Terms and Conditions

1. **Description of Properties**:
   - Party A is the registered owner of the property known as [Land Reference Number], located at [Physical Address].
   - Party B is the registered owner of the property known as [Land Reference Number], located at [Physical Address].

2. **Agreement on Boundary Line**:
   - The parties hereby agree that the boundary line between their respective properties is as described in the attached surveyor's report and map (Annexure A).

3. **Survey and Demarcation**:
   - The parties have jointly engaged [Name of Surveyor], a licensed surveyor, to survey and demarcate the boundary line. The surveyor's report and map are attached hereto as Annexure A.

4. **Dispute Resolution**:
   - In the event of any dispute arising from this Agreement, the parties agree to first seek resolution through mediation. If mediation fails, the parties may proceed to arbitration or legal action as provided under the laws of Kenya.

5. **Governing Law**:
   - This Agreement shall be governed by and construed in accordance with the laws of Kenya, including the Land Registration Act, 2012, and the Land Act, 2012.

#### 3.3 Execution

IN WITNESS WHEREOF, the parties hereto have executed this Boundary Line Agreement as of the day and year first above written.

- **Party A**: ___________________________ [Signature]
  - Name: [Full Name]
  - Date: [Date]

- **Party B**: ___________________________ [Signature]
  - Name: [Full Name]
  - Date: [Date]

Witnesses:

1. ___________________________ [Signature]
   - Name: [Full Name]
   - ID No.: [ID Number]
   - Date: [Date]

2. ___________________________ [Signature]
   - Name: [Full Name]
   - ID No.: [ID Number]
   - Date: [Date]

### 4. Conclusion

A Boundary Line Agreement is a crucial document for property owners to clearly define and agree upon the boundaries of their properties. By following the legal framework provided by the Land Registration Act, 2012, and the Land Act, 2012, property owners can ensure that their agreement is legally binding and enforceable. This document serves as a guide to drafting a comprehensive Boundary Line Agreement, covering all essential components and legal considerations.

## Boundary Line Agreement

This Boundary Line Agreement ("Agreement") is made and entered into as of [Date], by and between [Your Full Name], residing at [Your Address] ("Owner 1"), and [Neighbor's Full Name], residing at [Neighbor's Address] ("Owner 2").

**1.  Recitals**

1.1. Owner 1 and Owner 2 are the respective owners of adjoining properties located at [Property 1 Address] ("Property 1") and [Property 2 Address] ("Property 2").

1.2. The parties desire to establish a clear and unambiguous boundary line between Property 1 and Property 2.

**2.  Boundary Line**

2.1. The parties agree that the boundary line between Property 1 and Property 2 shall be as follows:

*   [Describe the boundary line in detail, including any physical markers, such as fences, walls, or trees. You can also use coordinates or a survey map to define the boundary line.]

**3.  Survey**

3.1. The parties agree that a licensed surveyor shall be hired to survey the boundary line and prepare a survey map.

3.2. The cost of the survey shall be shared equally by Owner 1 and Owner 2.

**4.  Maintenance**

4.1. The parties agree to be responsible for the maintenance of the boundary line on their respective properties.

4.2. The parties agree to cooperate in the maintenance of any shared boundary features, such as fences or walls.

**5.  Disputes**

5.1. In the event of any dispute arising out of this Agreement, the parties agree to attempt to resolve the dispute amicably through negotiation.

5.2. If the parties are unable to resolve the dispute through negotiation, they agree to submit the dispute to binding arbitration in accordance with the rules of the [Arbitration Institution].

**6.  Binding Effect**

6.1. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

**7.  Entire Agreement**

7.1. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

**8.  Governing Law**

8.1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.

**9.  Severability**

9.1. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

**10.  Notices**

10.1. All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by overnight courier service, addressed as follows:

*   If to Owner 1: [Your Full Name], [Your Address]
*   If to Owner 2: [Neighbor's Full Name], [Neighbor's Address]

**11.  Waiver**

11.1. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any other or subsequent breach.

**12.  Counterparts**

12.1. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

**IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.**

**[Your Signature]**

**[Your Printed Name]**

**[Neighbor's Signature]**

**[Neighbor's Printed Name]**

***

### Table of Contents

1.  Recitals
2.  Boundary Line
3.  Survey
4.  Maintenance
5.  Disputes
6.  Binding Effect
7.  Entire Agreement
8.  Governing Law
9.  Severability
10. Notices
11. Waiver
12. Counterparts

### TLDR

This Boundary Line Agreement establishes the boundary line between two adjoining properties, outlines the process for surveying the boundary line, and addresses maintenance, dispute resolution, and other relevant matters.

### Conclusion

This Boundary Line Agreement is a legally binding document that establishes a clear and unambiguous boundary line between two adjoining properties. It is important to have a written agreement in place to avoid future disputes.

### Sources

*   [Boundary Line Agreement Template](https://www.pandadoc.com/boundary-line-agreement-template/)
*   [Boundary Line Agreement - PDF Templates](https://www.jotform.com/pdf-templates/boundary-line-agreement)
*   [Boundary Line Agreement: What You Need to Know](https://www.contractscounsel.com/t/us/boundary-line-agreement)
*   [Boundary Agreement Template: FREE To Download, Edit & Use](https://clauseclip.com/boundary-agreement-template/)
*   [Boundary Line Agreement Template - Fill Out, Sign Online and Download](https://www.templateroller.com/template/308489/boundary-line-agreement-template.html)
*   [Boundary Line Agreement simplified](https://www.randallmanagement.com/wp-content/uploads/2016/03/Boundary-Line-Agreement-1.pdf)
*   [Boundary Line Agreement Template in Word doc](https://docpro.com/doc3404/boundary-line-agreement-property)
*   [The Laws of Kenya](http://www.kenyalaw.org:8181/exist/kenyalex/index.xql)
*   [LAND REGISTRATION ACT](http://www.kenyalaw.org:8181/exist/rest//db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/L/Land%20Registration%20Act%20No.%203%20of%202012-Cap.%20300/docs/LandRegistration3of2012.pdf)
*   [LAND ACT](http://www.kenyalaw.org:8181/exist/rest/db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/L/Land%20Act%20Cap.%20280%20-%20No.%206%20of%202012/docs/LandAct6of2012.pdf)
*   [THE SURVEY ACT](http://www.kenyalaw.org:8181/exist/rest//db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/S/Survey%20Act%20-%20No.%2025%20of%201961/subsidiary_legislation/docs/SurveyAct25of1961_subsidiary.pdf)

### Case Laws

*   **Curzon Properties Limited v. [Defendant's Name]** (ELC Case No. E288 of 2021) - This case involved a dispute over property boundaries and the court's role in resolving such disputes. The case highlights the importance of clear and unambiguous boundary definitions in land ownership. (Source: [Kenya Law](https://kenyalaw.org/caselaw/cases/view/219549))
*   **[Plaintiff's Name] v. Ketraco** (Matrimonial Cause 7 of 2015) - This case involved a dispute over land ownership and the court's role in determining the rightful owner. The case demonstrates the importance of proper land registration and the legal consequences of disputes over land ownership. (Source: [Kenya Law](https://kenyalaw.org/caselaw/cases/view/261223/index.php))
*   **[Applicant's Name] v. [Defendant's Name]** (Environment & Land Case E005 of 2024) - This case involved an application for a temporary injunction to prevent eviction from a property. The case highlights the importance of legal processes in resolving disputes over land ownership and occupation. (Source: [Kenya Law](https://kenyalaw.org/caselaw/cases/view/294026/))

***


### Boundary Line Agreement for Adjoining Property Owners

#### Table of Contents
1. Introduction
2. Parties Involved
3. Recitals
4. Agreement
   - 4.1 Boundary Line Description
   - 4.2 Survey and Marking
   - 4.3 Maintenance and Repairs
   - 4.4 Dispute Resolution
   - 4.5 Binding Effect
5. Miscellaneous Provisions
   - 5.1 Governing Law
   - 5.2 Entire Agreement
   - 5.3 Amendments
   - 5.4 Severability
   - 5.5 Notices
6. Execution

---

### 1. Introduction

This Boundary Line Agreement ("Agreement") is made and entered into on this [Date], by and between [Owner 1 Full Name], residing at [Owner 1 Address] ("Owner 1"), and [Owner 2 Full Name], residing at [Owner 2 Address] ("Owner 2"). This Agreement is intended to establish and define the precise boundary line between the properties owned by Owner 1 and Owner 2.

### 2. Parties Involved

- **Owner 1**: [Owner 1 Full Name], residing at [Owner 1 Address]
- **Owner 2**: [Owner 2 Full Name], residing at [Owner 2 Address]

### 3. Recitals

WHEREAS, Owner 1 is the owner of the property located at [Owner 1 Property Address], legally described as [Legal Description of Owner 1's Property];

WHEREAS, Owner 2 is the owner of the property located at [Owner 2 Property Address], legally described as [Legal Description of Owner 2's Property];

WHEREAS, the exact boundary line between the properties of Owner 1 and Owner 2 has been uncertain and disputed;

WHEREAS, both parties desire to resolve this uncertainty and dispute by establishing a clear and precise boundary line between their respective properties;

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:

### 4. Agreement

#### 4.1 Boundary Line Description

The parties hereby agree that the boundary line between their properties shall be as follows:

- Starting at [Starting Point Description], the boundary line shall run [Direction and Distance] to [Next Point Description], and continue [Direction and Distance] to [Next Point Description], and so forth until it reaches [Ending Point Description].

A detailed survey map showing the agreed boundary line is attached hereto as Exhibit A and incorporated herein by reference.

#### 4.2 Survey and Marking

The parties agree to engage a licensed land surveyor to survey and mark the agreed boundary line. The cost of the survey and marking shall be shared equally by the parties. The surveyor's report and the marked boundary line shall be final and binding on both parties.

#### 4.3 Maintenance and Repairs

Each party shall be responsible for the maintenance and repair of any fences, walls, or other structures located on their respective sides of the boundary line. Any shared structures shall be maintained and repaired jointly, with costs shared equally by the parties.

#### 4.4 Dispute Resolution

In the event of any dispute arising out of or relating to this Agreement, the parties agree to first attempt to resolve the dispute through mediation. If mediation is unsuccessful, the dispute shall be resolved through arbitration in accordance with the rules of the Chartered Institute of Arbitrators, Kenya Branch. The decision of the arbitrator shall be final and binding on the parties.

#### 4.5 Binding Effect

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

### 5. Miscellaneous Provisions

#### 5.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.

#### 5.2 Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, and representations, whether oral or written.

#### 5.3 Amendments

This Agreement may be amended or modified only by a written instrument signed by both parties.

#### 5.4 Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

#### 5.5 Notices

Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given when delivered personally, sent by registered or certified mail, return receipt requested, or sent by a nationally recognized overnight courier service, to the addresses of the parties set forth above.

### 6. Execution

IN WITNESS WHEREOF, the parties hereto have executed this Boundary Line Agreement as of the day and year first above written.

---

**Owner 1:**

__________________________  
[Owner 1 Full Name]  
Date: [Date]

**Owner 2:**

__________________________  
[Owner 2 Full Name]  
Date: [Date]

---

**Witness 1:**

__________________________  
[Witness 1 Full Name]  
Date: [Date]

**Witness 2:**

__________________________  
[Witness 2 Full Name]  
Date: [Date]

---

### TLDR

This Boundary Line Agreement establishes a clear boundary between the properties of two adjoining owners, detailing the boundary line, survey and marking procedures, maintenance responsibilities, and dispute resolution mechanisms. The agreement is legally binding and governed by Kenyan law.

### Conclusion

A Boundary Line Agreement is a crucial document for resolving disputes and uncertainties regarding property boundaries. By clearly defining the boundary line and outlining responsibilities, this agreement helps prevent future conflicts and ensures harmonious coexistence between adjoining property owners.

---

Sources:
- [Land Registration Act](http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%20300)
- [Understanding Land Boundaries in Kenya](https://www.linkedin.com/pulse/understanding-land-boundaries-kenya-denvers-group-limited-8r3zf)
- [7 Ways To Resolve Land Boundary Disputes In Kenya](https://amccopropertiesltd.co.ke/7-ways-to-resolve-land-boundary-disputes-in-kenya)

Write a Boundary Line Agreement for two adjoining property owners

Ask a lawyer: Write a Boundary Line Agreement for two adjoining property owners

Boundary Line Agreement

Table of Contents

Introduction

Parties

Property Description

Boundary Line Agreement

Survey and Marking

Legal Description

Disclaimer

Signatures

Ask a lawyer:
Write a Boundary Line Agreement for two adjoining property owners