Boundary disagreements are among the most common land disputes in Kisii and the wider Gusii region. Plots are small, families subdivide land across generations, and beacons disappear. When a neighbour builds a fence, plants a hedge or ploughs a strip you believe is yours, the natural instinct is to go straight to court. Often, that is the wrong first step.

The law sends boundary disputes to the Registrar first

Section 18 of the Land Registration Act provides that a court shall not entertain any action concerning the boundaries of registered land unless the boundaries have first been determined under that section. In practice, this means a dispute that is purely about where the boundary lies should first go to the Land Registrar.

The Registrar can summon the parties, visit the land with a surveyor, look at the registry index map and other records, hear both sides, and determine and mark the boundary. A Registrar's decision can then be challenged before the Environment and Land Court if a party is dissatisfied.

When the court is the right place

Not every land dispute is a boundary dispute. The Environment and Land Court is the right forum where the dispute is really about:

  • who owns the land, or whether a title was obtained by fraud;
  • trespass, eviction or damage to property;
  • adverse possession — a claim based on long, open occupation; or
  • an appeal from the Registrar's decision.

Getting the forum right at the start avoids having a case struck out after months of waiting.

Evidence that helps

  1. A current official search and a copy of the title.
  2. The registry index map and any mutation forms from past subdivisions.
  3. Photographs of old beacons, fences, hedges or trees that marked the line.
  4. Statements from elders or neighbours who know the history of the land.

Consider mediation

Many boundary disputes are between relatives or long-time neighbours. A mediated agreement — followed by a survey and new beacons — can settle the matter in weeks rather than years, and preserve relationships. As a firm led by a Certified Mediator, we always consider this option first where it fits.