Land Demarcation

Fixed boundaries are high precision boundaries and used mostly in urban areas. Permanent marks (beacons) are put on the ground to demarcate land whereby their details, including coordinates, are kept at the respective survey offices and can be replaced in case they are lost or tampered with on the ground. The accuracy required for the demarcation of new boundary points for fixed boundaries is ± 4 centimeters.

There are two systems of land demarcation;

Dominated land demarcation- metes and bounds(MB)
Rectangular systems (RS).

Registering land for demarcation is needed for;

Land adjudication
Land registration
Registration of community land
Registration of privately surveyed land
Registration and transfer of privately un-surveyed land

Ways to acquire title to land;

Allocation or allotment of areas
Land adjudication process
Compulsory acquisitions
Prescription
Settlement programs
Transmissions
Transfer
Long-term leases exceeding 21yrs created out of private land

The process of land demarcation for fixed boundaries:

New grants (Thresholds required for demarcation of individual or community land)

National Land Commission (NLC) gives allotment letters to individuals.
An individual is required to pay a certain amount for allotment to become valid.
Once the amount is paid, beaconing is done by the surveyor as per required accuracies (± 4 centimeters).
Computation files and survey plans are prepared and signed by a licensed surveyor and submitted to the Director of Surveys for checking and authentication.
Deed plans are prepared; the new Land Record (LR) numbers are offered and submitted to the Survey of Kenya for checking and authentication.

Subdivision

A subdivision scheme plan is prepared by the surveyor.
The plan is then signed by a registered physical planner and a copy of the existing title deed is attached to it.
Once the subdivision scheme plan has been approved and a copy of the title deed attached, National Environment Management Authority (NEMA) publishes a public notice to which it attaches a copy of the Part Development Plan (PDP) and sends it to the Ministry of Lands and Physical Planning. Once the subdivision scheme plan is approved, the land may be subdivided. This is granted by the respective county government.
The surveyor delineates the land and puts in the beacons at boundary points (accuracy ± 4 centimeters).
A computation file and a survey plan are prepared and signed by a licensed surveyor.
They are then submitted to the Director of Surveys for checking, corrections, and authentication.
Deed plans are prepared and the new LR numbers are offered and submitted to the Survey of Kenya for checking and authentication.
A copy of the old title deed is submitted to the lands department where it is revoked and new titles are released.

The process of land demarcation for general boundaries:

New Grants

The government decides to adjudicate a certain area.
Director of Surveys sends land adjudicators to the area for confirmation.
Adjudicators collect names and other relevant information, such as an approximate area of each parcel, of the owners of these lands, etc.
Adjudicators delineate the land usually using a measuring tape and a pen and paper (accuracy ± 3 meters).
Title deeds are prepared and distributed to new owners.

Subdivision

Search is facilitated at the local county survey office for the Land Reference number (LR) for the plot in question.
Information on the owner of the land and the approximate area of the land in question are collected.
A subdivision scheme plan is then prepared.
The title deed (if applicable), LR number, information on the owner and on land, and the subdivision scheme plan are gathered and attached to the application for the consent to subdivide.
The mutation form (indicating the information on land, the title deed (if applicable), and IDs of the owners) is prepared, filled, and signed.
Documents are submitted to the district board for checking and authentication.
The mutation form is forwarded to the land registrar for registration and titling where the old title deed is revoked and new title deeds with new LR numbers are offered.
Once the consent to subdivide is granted, the surveyor goes to the ground to delineate the land (accuracy ± 3 meters), often using measuring tape and pen and paper.

Reasons for land demarcation.

Adjudication
Boundary/perimeter
Cadastral administration
Cadastral register
Cadaster
Decentralized resource managementDecentralized resource management
Deeds registration
Land book(not frequently used in Kenya)
Land certificate
Land charge
Land commissions
Land dispute
Land administration

Land adjudication.

The process of final and authoritative determination of the existing rights and claims of people to land. This is whereby the existing rights in a particular parcel of land are finally and authoritatively ascertained. In Kenya, the Land Adjudication Act provides the guidelines for the land adjudication process. These involve determining and recording of rights and interests of individuals residing on registered Community Land for the purpose of facilitating the registration of titles.

Land adjudication process.

A formal written petition is delivered to the Commissioner of Lands with a request to have an area earmarked for adjudication. This petition is copied to the County Commissioner.
Land Adjudication Board convenes at the Ministry of Lands to deliberate and approve the adjudication petition.
A directive is issued to the Department of Survey based on the results of the Board deliberations to visit the site, conduct reconnaissance of the terrain, and give recommendations.
The reconnaissance mission provides its professional recommendations to the Land Adjudication Board for consideration.
Based on these recommendations, the Board deliberates and, if satisfied, approves the adjudication request.
The Survey Department proceeds to formally survey the areas earmarked for adjudication (adjudication areas).
After the survey work is complete, the Survey Department generates a Registry Index Map (RIM) of the area and a Land Adjudication register which contains parcel numbers, the name of the owner, size of land and a map sheet number.
The map is given to the Ministry of Lands and Physical Planning which issues Land Reference Numbers (L.R. Numbers).
These, together with the Map of the area are returned to the community for public examination. If all parties agree, the Director of Land Adjudication signs a certificate of finality and the L.R. Numbers are issued to individuals.
For the owner to get a title after completion of adjudication process they need to provide the following: