By Franco Odhiambo
Most small scale land owners in rural areas and plot owners in peri-urban areas hold title deeds for their properties issued under the Registered Land Act (cap 300), supported by Registry Index Maps (Rim). This is done under the general boundary survey and shows the approximate areas and position of a parcel of land in question.
In general boundaries survey, the security of boundaries depend on the maintenance of hedges. Since Rims are not authorities in boundaries, unless the borders are fixed, the only reliable guide on the position of a boundary is a hedge.
Every year, a lot of money and time is spent in solving boundary disputes, which can be avoided by properly maintaining boundary features. Among many others, the Registered Land Act places a lot of importance on the maintenance of boundary features.
Maintenance of boundary features
Section 23 of the Registered Land Act provides for the maintenance of boundary features and state as follows:
1. Every proprietor of land shall maintain in good order the fences, hedges, stones, pillars, walls and other features, which demarcate the boundaries whether established pursuant to the requirement of any other written law or pursuant to an order of the registrar or the proprietors own accord.
2. The registrar may in writing order the demarcation within a specified time of any boundary in such permanent manner as he may direct and any person who fails to comply with such an order shall be guilty of an offence and liable to a court fine.
3. The registrar may in writing order persons with adjoining proprietors to be responsible for the care and maintenance of any future demarcation of a common boundary.
Interference with boundary features
Section 24 of the Registered Land Act provides for the interference with boundary features and state as follows:
1. Any person, who defaces, removes, injures or otherwise impairs any boundary features or any part of it unless authorised to do so by the registrar shall be guilty of an offence and liable to imprisonment, a court fine or both.
2. Any person convicted of an offence, whether or not any penalty is imposed upon him, shall be liable to pay the cost of restoring the boundary feature, and the cost shall be recoverable as a civil debt by any person responsible under this section for the maintenance of the feature.
Hedge inspection and prosecution
The law as pointed out above confers on the land registrar powers to ensure that the boundary features are properly maintained but this is undermined by lack of hedge inspectors whose duties are to enforce the maintenance of property boundaries. The role of hedge inspectors is even more critical in areas where land adjudication has just been completed and first registration is in progress.
The law enforcement agencies in the past have also been reluctant to prosecute people for non-maintenance of boundaries. In their view, such cases are domestic and minor and should be sorted out amicably as they deal with more serious criminal cases.
Therefore, local leaders and in particular the provincial administration through barazas should educate the people on the absolute necessity of planting and maintaining boundaries for title deed holders as it is the only way of ascertaining the size and location of parcel of land on the ground.
—The writer is a survey and mapping professional
