Land boundary disputes are a common-place occurrence between people who share boundaries. Such disputes are caused by various reasons including historical administrative erroneous survey work which placed the boundary at the wrong position. This consequently causes the resultant registration data to be incorrect.
The dispute may also be caused by fraudulent activities of some people annexing and or grabbing their neighbours’ land portions and this mainly happens where there are unoccupied land parcels. Neighbouring persons can also remove beacons marking their boundaries and cause more confusion on the demarcation lines.
Some disputes can also arise out of unintentional reasons like natural causes where very heavy rains can remove the boundary features or rivers change their courses, etc., resulting in unclear boundary positions.

What to do about land boundary disputes

When the boundary position between neighbours is uncertain, this calls for the parties involved to determine this position to forestall conflicts. Land disputes in the country (Kenya) are very emotive and boundary disputes fall into this category.
The good thing about boundary disputes matters is that generally they are settled by the Land Registrars together with Surveyors. The disputing parties are also free to use their own surveyors in the process. Where parties to such disputes are reasonable, they can invite a surveyor of their choice or each of them can choose their own surveyors who, together and in the presence of a land registrar, can resolve the matter. All they require are the parties’ land registration documents, the area maps, and instructions from the parties to solve the problem within a reasonable time. However, if there are other legal issues between the parties above the boundary dispute, the matter might now have to be resolved by the courts.

Get legal help regarding land matters.

Navigating land boundary disputes as well as other land issues can be complex. But we are here to help you protect your interests in your property. Any queries on the matter are welcome, and you can contact our team through the form below.

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