Boundaries remain a common source of disputes among investors in real estate and residents of neighbouring locations.
For instance, five residents of Mumias West constituency recently sued the Independent Elections and Boundaries Commission for moving Ekero sub-location to newly created Mumias East constituency.
The five residents moved to the High Court in Kakamega protesting that the final boundary review report of the constituency released on March 7, 2012 was allegedly altered.
Residents of Keroka town also recently staged a demonstration to protest an unresolved boundary row over its location. The town has been at the centre of a bitter boundary dispute between Nyamira and Kisii counties, with each side claiming it.
These boundary disputes are among cases leading to backlogs at the Environment and Land Court. According to the Environment and Land Court Act, the special courts should exclusively preside over cases relating to property contracts, land use, titles, boundaries, tenure and rates.
Disputes
Others matters include disputes on rent, valuation, compulsory acquisition of land, administration and management of land and disputes relating to environment.
According to the latest report by the Land Development and Governance Institute, boundary problems are among the most disputes heard by the Environment and Land Court.
The report titled ‘An Assessment of the Performance of the Environment and Land Court’, 15 per cent of cases heard during the study period touched on boundaries.
In daily practice, buyers of plots either fence off their investments with barbed wire, construct stone fences or plant hedges to mark or protect their boundaries.
It is important to have boundaries as the court will most likely refuse to entertain disputes of properties without legal demarcations.
The law also requires property owners to maintain in good order the fences, hedges, stones, pillars, beacons, walls and other features that demarcate boundaries.
The Registrar may also — in writing — order the demarcation within a specified time of any boundary mark.
Any property owner who fails to comply with the order of the Registrar commits an offence and is liable on conviction to a fine not exceeding two hundred thousand shillings.
According to the Land Registration Act, the Registrar may order which of adjoining property owners will be responsible for the care and maintenance of any feature demarcating a common boundary.
Moreover, failure to adhere to the directive of the Registrar leads to conviction or a fine not exceeding Sh200,000.
Offence
According to the Land Registration Act 2012, it is an offence to interfere with legal land boundaries. Section 21 of the Act provides imprisonment for a term not exceeding two years, a fine of up to Sh200,000 or both for anyone who defaces or removes a boundary without instructions of the Registrar.
Moreover, anyone found guilty of interfering with a property boundary shall also be liable to pay costs of restoring it.
The Registrar is also required to give the owners an opportunity to be heard on the set demarcation before filing the plan in the register.
In instances where the dimensions and boundaries are defined by reference to a plan verified by the survey department, a note should be made in the register.