Boundary disputes remain among the most common land-related matters handled by advocates in Kenya, often arising where beacons have shifted, survey records conflict, or successive subdivisions were never properly re-surveyed.
Under the Land Registration Act, the Land Registrar has authority to rectify the register in cases of clear error, but disputed boundaries that cannot be resolved administratively typically proceed to the Environment & Land Court, which has jurisdiction to determine ownership and direct re-survey where necessary.
Before litigation, a title search and a licensed survey are usually the first steps. Many disputes are resolved once the actual registered boundary is confirmed against what is physically occupied on the ground.
This article is for general information and does not constitute legal advice. For advice on a specific matter, please contact our office.
