Man is territorial

Every one of us possesses a territorial mindset. Always happy to identify, purchase, develop and fence off our property to exclude others. Then live in there in peace or lease it off for a financial return or perhaps do business in there. Any encroachments, invasion or claims by those around us or from afar is met with brute resistance. Surveyors, the area chief, elders or even advocates are occasionally called in to help out with the facts of ownership.

Title deed ‘states’ a different size of land from what ‘boundaries show’

So it therefore worries me when I notice very fundamental omissions or mistakes by purchasers, developers and landowners. Recently, an investor asked me, “Is it possible for somebody’s title deed to reflect a size different from that of the actual land on the ground?” “Yes, indeed, in some cases, yes,” I answered. That appeared to jolt him. He sought clarification. I explained that in areas that were subjected to low accuracy ground surveys during accelerated titling programmes prior and just after independence, some titles reflect parcel sizes in disparity with the actual ground sizes. I added that titles in some parts of Kajiado and Narok have this problem too.

He later requested that I help to establish the size of some land he had earlier bought near one of the satellite towns to Nairobi city. When through, measurements revealed that his title reads 3 acres more than the actual size of the land he had purchased. At the going rate of 4 million for an acre, he in real terms was 12 million less! What an investment tragedy!!

In Industrial area, another investor requested that we help to define the limits of his plot off enterprise road. By the time we were through with measurements, we had demonstrated that for years, he had fenced out a major part of his plot over which kiosk operators established territory. Why the loss? I could recount many other cases but these suffice for illustration.

Verify size and boundaries at purchase

Look, the magnitude of loss associated in these instances is disproportionate to the efforts and costs necessary for preliminary verification. First, it pays to ensure that purchases of property are preceded by the determination of the perimeter boundaries by a competent and duly licensed surveyor who should issue a certificate on the correct state of boundaries and size of property. This helps to guide negotiations at purchase.

Maintain clear boundaries

Once in occupation, ensure this. That for properties whose perimeter boundaries are defined by physical features like hedges and fences, maintenance and vigil over the features is routinely provided. Where corner beacons define the perimeter boundaries, care must be taken to ensure that any fencing is guided by the corner beacons and that these are not destroyed or removed during subsequent construction. The re-establishment of such beacons is expensive and must be avoided.

In simple terms, get yourself a well verified purchase and maintain your boundaries and peaceful occupation will follow. You will avoid wrangles with neighbours over minor disputes and avoid court costs. Sounds simple. Usually breached. The costs of breach are high; usually very high. Avoid them.