Cadastral surveying is the discipline of Land Surveying that relates to the laws of land ownership and the definition of property boundaries. At Tylers Geotechnonologies Ltd, we offer a wide range of land survey services in Kenya and Africa at large. These services include New Grant surveys, Mutations, Subdivision, Amalgamation, land adjudication, Wayleave survey, Easement Surveys, Sectional property surveys among others. These surveys involve interpreting and advising on boundary locations, on the status of land ownership and on the rights, restrictions and interests in property, as well as the recording of such information for use on plans, maps, etc.
Land Surveys also involve the physical delineation of property boundaries and determination of dimensions, areas and certain rights associated with properties, whether they are on land, water or defined by natural or artificial features. The Survey for demarcating boundaries of urban plots and rural farms/estates used to obtain legal ownership of land. Our precision, accuracy and timeliness to perform quick surveys of boundaries of regular or irregular land parcels to produce adjudication maps often required for valuation and compensation of land properties to facilitate acquisition of land for public investment purposes. Accuracy in the surveys is important since, among other things, it helps surveyors to determine the best equipment and suitable methods to use. Furthermore, accurate land parcel information is a fundamental tenet of cadastral systems. High accuracy may also imply high cost!
Land Subdivision Survey Process and Workflow in Kenya
Land can be subdivided into various portions or amalgamated into a single portion. The following are steps for land survey: The first step taken by the landowner who wishes to sub-divide land will be to Conduct an Official Title Deed Search at the local land registry. To conduct the search, which normally takes three days, one must produce a copy of his/her national identity card, a copy of KRA PIN card and the copy of title deed number or its number. The search is important because it enables you to ascertain ownership of the land, and whether there are any encumbrances on the land, for instance, it might have been used to secure a loan.
After the official search, the landowner, with the help of the surveyor, is required to obtain a Registry Index Map (RIM) from the Survey of Kenya. The RIM is a map that covers a large geographic area in which the land to be subdivided lies. After getting the map, the surveyor visits the land where he/she might Take some Ground Measurements to ascertain that the measurements indicated on the maps are the exact measurements on the ground. The reconnaissance also enables the surveyor to plan his/her work in order to avoid setting boundaries that might conflict with buildings and other permanent structures.
The surveyor then prepares a Subdivision Scheme, which must be signed by a Registered Physical Planner who, once satisfied with the surveyors’ plans, gives a Physical Planning Act form commonly known as PPA 1 Form. The subdivision’s blueprints are then taken to the County Lands Office for approval, after which a PPA2 Form is issued. After submitting the Subdivision Blueprints, a current Title Search (valid for three months after date of issue), the PPA1 and the PPA2 forms, the land owner can Book a Meeting with the Local Land Control Board. The land control board is a meeting of local elders who sit at the district level (now sub-counties) and approves all land transfers in their area. A meeting with the land control board must be booked at least two weeks in advance, and the board sits only once a month.
During the meeting with the land control board, a land owner is typically asked what their intentions of subdividing the land are. He/she is also required to present himself/herself in front to the board with their spouse. After getting the Land Control Board’s Consent, the surveyor places Beacons to mark the boundaries. For general boundaries, which is usually the case in many rural areas, an error margin of one metre is allowed when the placement of beacons marking the land’s boundaries. In urban centres, however, cadastral (fixed) land boundaries, whose beacon positioning is measured in coordinates, are preferred.
Once the boundaries are marked, both the land owner and the surveyor are required to sign three copies of the Mutation Form, which are further signed by a more senior surveyor, known as the Licensed Surveyor. The mutation forms, together with the search document, the consent form from the Land Control Board, the PPA1 and the PPA2 forms are then deposited with the district survey office, where a cartographer allocates new plot numbers to the subdivided plots. The same documents are then taken to the respective land county registries to allow the land registrar to register the titles. The copies of mutation forms certified by the land registrar are then deposited with the Survey of Kenya to allow for the amendment of the maps.
1. The Land Registration Act No. 3 of 2012;
2. The Land Act No. 6 of 2012;
3. National Land Commission Act of 2012;
4. The Sectional Properties Act of 1987;
5. The Community Land Act of 2016;
6. Government Lands Act Cap 280;
7. Land Buying and Selling Process in Kenya;
8. More Land Documents, Forms and Processes.
President Uhuru Kenyatta has signed into law the Sectional Properties and Statute Law (Miscellaneous Amendments) bills. The new Sectional Properties Act, 2019 provides for the division of buildings into units to be owned by individual proprietors among other elaborate provisions. It repeals the Sectional Properties Act of 1987.
The Statute Law (Miscellaneous Amendments) Act, 2020 amends twenty one (21) statutes among them the Interpretation and General Provisions Act, Records Disposal Act, Penal Code, Public Holidays Act and Firearms Act.
Other laws amended by the new law are the Official Secrets Act, Kenya Roads Board Act, Statistics Act, Employment Act, Accountants Act, Judicial Service Act, Kenya National Commission on Human Rights Act, Employment and Labour Relations Court Act, Ethics and Anti-Corruption Commission Act, and National Police Service Commission Act.
Also amended are the Public Appointments (Parliamentary Approval) Act, Universities Act, Kenya Law Reform Commission Act, Investment and Financial Analysts Act, Witness Protection Act and Kenya Coast Guard Act.
The bills were presented to the President for signature at State House, Nairobi by Solicitor General Ken Ogeto in the presence of Speaker of the National Assembly Justin Muturi, Attorney General Paul Kihara Kariuki, Head of Public Service Dr Joseph Kinyua and State House Deputy Chief of Staff Njee Muturi.
President Uhuru Kenyatta has today issued 10,000 title deeds to members of the Samburu community in a historic event that took place at the KICC in Nairobi.
This is the highest number of title deeds issued to members of the community in a year, with past records showing only 2,000 title deeds was issued between 1963 and 2019.
The event also saw eight women from the community included among the recipients of the title deeds, for the first time in the history of Kenya.
Lands Cabinet Secretary Farida Karoney, in her speech, attributed the tremendous successes in the Ministry’s National Titling Programme to President Kenyatta’s unwavering support and leadership. “Today, for the first time since independence, women from the Samburu community will receive title deeds. Your Excellency, the milestones we are making in the Ministry, under the National Titling Programme, are as a result of the support that you have accorded us and the increased budgetary allocations for the programme,” said CS Karoney.
The CS said that the government had already set new records in the number of title deed issued nationally adding that efforts are being made to increase the numbers further.
“In the 7 years of your presidency, you have issued a total of 5.1 million title deeds against a total of 6 million issued by the last three presidents over a period of 50 years. We are working hard to ensure you overlap these numbers by surpassing the 6 million mark by 2022,” she stated.
In his speech, President Kenyatta congratulated the Ministry of Lands for an exemplary job in ensuring faster processing and issuance of title deeds.
The President reiterated his commitment to resolving land issues and boundary disputes and ensuring that land is not a campaign agenda as has been the case in the past.
“When I took office in 2013, I told Kenyans that I will work towards resolving land issues that have gripped our communities for decades, and ensure that politicians do not use land as a campaign topic.
“We have made tremendous gains so far, with a record number of title deeds issued, squatters resettled and conflicts resolved. The corona pandemic disrupted our title deeds issuance activities in the Coast Region, Rift Valley and other places, but once the situation has been contained we will be visiting these regions,” he said.
The event also saw additional land accorded to the Nairobi National Park as part of government’s expansion programme, and title deed issued back to KWS for previously grabbed land at City Park.
The government also issued a title deed to Nakuru Governor Lee Kinyanjui for the Naivasha Special Economic Zone aimed at spurring economic growth in the county, and to Narok Governor Samuel Tunai for the Maasai Mara National Reserve to aid preservation efforts.
The president also flagged off 75 double cabin motor vehicles, acquired through a leasing programme with General Motors as part of the government’s But Kenya, Build Kenya initiative.
Of the 75 vehicles, 60 will be deployed to the county registries to aid with mobility and scale up the National Titling Programme at the grassroots.