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Determining Land Position on Survey Map: A Crucial Step in Land Purchase

Importance of Determining Land Position on Survey Map

A recent ruling by the Ministry of Lands has highlighted the importance of determining a land’s position on a survey map to determine the necessity for conducting additional inquiries with governmental entities.

Case Study: Demolition of Beachfront Property

In a landmark case, the County Government of Mombasa was found to have demolished the perimeter wall of a beachfront property owned by Dina Management Limited (Dina) without permission. The property had been purchased by Dina from Bawazir & Co Ltd, who in turn had acquired it from former President Daniel T Arap Moi.

Court Ruling and Implications

According to court documents, Dina claimed ownership of the property and filed a lawsuit in the Environment and Land Court seeking to assert its ownership over the property. The court ruled that the land was previously unalienated government land lawfully converted into private property.

Importance of Conducting Thorough Due Diligence

The case highlights the importance of conducting thorough due diligence when purchasing land, including determining a land’s position on a survey map to determine the necessity for additional inquiries with governmental entities.

  • Consult with neighboring residents and local administrative authorities to gather insights regarding the property. They may possess knowledge regarding undocumented family disputes or legal cases associated with the property.
  • Visit the closest County Government land registry office with a copy of the title and an up-to-date official search to verify whether the seller has settled all outstanding land rates.

A green card search is also recommended, as it provides a more thorough search of the property’s history. The green card holds all original records of transactions relating to a piece of land and is used to obtain a title deed.

  • A physical site visit is essential in ensuring that the land being purchased indeed exists.
  • A survey map is also necessary to verify the size and boundaries of the property. This can be done by enlisting the services of an impartial surveyor.

Conclusion

Determining a land’s position on a survey map is crucial in determining the necessity for conducting additional inquiries with governmental entities. Potential buyers should consult with neighboring residents and local administrative authorities, visit the County Government land registry office, conduct a green card search, and perform a physical site visit and survey map to ensure that they are making an informed decision when purchasing land.