THE CADASTRAL BOUNDARY SYSTEMS IN KENYA

Kenya operates three types of boundary systems: fixed boundary, general boundary and the fixed
general boundary. These boundary definitions are either based on the English general boundary
system as practiced in Britain under the Land Transfer Act of 1875 or the fixed boundary system
based on the Torrens system from Australia. The fixed-general boundary has been adopted to
achieve fixation of the general boundaries in areas where the land markets have appreciated.

1. The Fixed Boundary

The fixed boundary system is one which has been accurately surveyed so that any lost corner
monument can be re-established precisely from mathematical measurements. Monumentation for
fixed boundary surveys consist of coordinated beacons at the turning points of rectilinear
boundaries. Natural features such as rivers, roads, and ocean line, may also be adopted as
curvilinear boundaries. All fixed cadastral surveys from all over the country are examined and
authenticated by the Director of Surveys in Nairobi. Under the fixed boundary system, all the
parcels have their plans indicating area, bearings and distances between the boundary beacons.

Where surveys are carried out under the Registration of Titles Act (RTA) for the establishment of
fixed boundaries, the surveyor prepares deed plans with respect to each plot, which, after signing
and sealing by the Director of Surveys, are forwarded to the Land Registrar to support registration.
Areas which were surveyed under the fixed boundary method: new grant allocations, urban leases,
Trust Lands that have been set-apart for public use, Forest Reserves, National Parks and National
Game Reserves, and company and cooperative farms where shareholders opt for a fixed survey.

Fixed boundaries have the advantage of easier relocation and re-establishment, especially where
physical boundary marks are missing. For a long time, the fixation of these boundaries was
optional. However, with the enactment of Land Registration Act No. 3 of 2012, it is now
mandatory that all survey boundaries presented for registration must be georeferenced. This has
the effect that from the date of the enactment of the Act, the general boundary system is
extinguished. Although no reliable figures are currently available, it has been estimated that the
total number of properties under the fixed boundary system are approximately 300,000; and the
total area so is over 3.4 million hectares.
2. The General Boundary

The term general boundary means that the exact location of the boundary is undetermined but
assumed to be represented by a visible physical feature such as hedges, walls, rivers or streams,
coastlines, or any physical feature that may be found suitable for the definition of the position of
the boundary. The concept of general boundaries was introduced in Kenya in 1959 by the Native
Lands Registration Ordinance and the registry map was intended to be used as the index map.

The use of general boundaries was adopted to demarcate newly adjudicated land parcels in the
former Native Reserves. At the time of implementation of the general boundary system the needed
to speed up land registration in the Native Reserves as the indigenous inhabitants had not received
any title to land since 1903 when the cadastral system was established. In creating the general
boundaries, landowners were then asked to mark the boundaries of the plots by planting hedges as
guided by the demarcation officers. Once the hedges had grown sufficiently, aerial photographs
were taken at the scale of 1:12,500 and further enlarged to scales of 1:5000 or1:2,500 to facilitate
the generation of representative Preliminary Index Diagrams (PIDs).

The aerial photographs initially generated were meant to be subsequently Ortho-rectified in order
to eliminate geometric distortions and produce more reliable representations of the land parcels.
This was to be accomplished through the re-fly of the areas under adjudication. However, after
coverage of a few areas, the re-fly system was abandoned in 1967, largely due to shortage of funds
and high demand for titles. The Lawrance Mission also recommended for the abandonment of the
re-fly programme (in the consolidation areas) in order for the survey staff to concentrate in the
new, accelerated, adjudication programmes.

The general boundary surveys are lodged and processed at the District Survey Offices. Once the
surveys have been checked and found acceptable, the Registry Index Maps (RIMs) are amended
by the District Surveyor and the amended plans are forwarded to the District Land Registrar for
preparation of titles. Several generic forms of the RIMs exist in Kenya, depending on the nature
and accuracy of survey. These are the Interim Registry Index Maps, the Demarcation Maps,
Registry Index Maps Provisional, Preliminary Index Diagrams and Registry Index Maps-Range
Provisional.
Areas covered by the general boundary surveys are: (i) areas where land Adjudication and
consolidation surveys have taken place; (ii) group ranches where the shareholders opt for a general
boundary survey; (iii) company and Cooperative Farms where the shareholders opt for a general
boundary; and (iv) settlement schemes acquired from the former white settlers. Available statistics
in the Ministry of Lands show that general boundaries currently cover approximately 11 million
hectares of land (comprising of 1.5million parcels and 338 group ranches).

3. The Fixed General Boundary

Sections 21 and 22 of the Registered Land Act (RLA) give the Chief Land Registrar the authority
to cause a general boundary to be fixed by surveying to the level of a fixed survey. The areas where
fixed general boundaries apply are: (i) company and cooperative farms, where the shareholders
have opted for a fixed boundary survey; (ii) group ranches where the shareholders have opted for
a fixation survey; and (iii) areas where boundaries were previously surveyed under general
boundaries but the clients later opted for a fixed survey to improve on the relocation and re-
establishment of boundary beacons.

The procedures involved in the fixation of general boundaries generally consist of notifying the
District Land Registrar of the intention to have the boundary fixed. The Land Registrar informs
the abutting neighbours of the intention to have the boundary fixed and if any objection is raised,
the matter has to be referred to the Land Control Board, otherwise the survey is executed and the
Land Registrar certifies (on the survey plan) that the boundary has been fixed. Such plans are
submitted to the Director of Surveys for checking and authentication in line with the requirements
of the Survey Act. The fixation of general boundaries assists in mathematical re-establishment of
the boundary beacons, minimization of potential boundary disputes and raises the market value of
the land.