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Write a Boundary Line Agreement for two adjoining property owners
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
Legal Framework
1.1 Land Registration Act, 2012
1.2 Land Act, 2012
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
Sample Boundary Line Agreement
3.1 Preamble
3.2 Terms and Conditions
3.3 Execution
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
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].
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).
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.
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.
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:
___________________________ [Signature]
Name: [Full Name]
ID No.: [ID Number]
Date: [Date]
___________________________ [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.
Answered by mwakili.com