How to handle property encroachment in Kenya.
Many land encroachers are aware of their trespass but in some cases some are ignorant, here is how to handle such kind of case.
Loise lenser
The number one easy target for property encroachers is a vacant or unattended property. It is always a trespass act.
What is an encroachment?
Encroachment is when someone else with an intention of committing an offense, intrudes on the real property of another and has an intention to illegitimately remain there.
It is always a problem that raise dispute over property lines in a case where one intentionally choose to violate another fellows boundaries, or in other cases a property owner is not legally aware of his boundaries.
Property encroachment is a common dispute among Kenyan villagers and in uptowns where people own properties.
Understanding encroachment.
One legal way to know if someone has encroached into your property is through a legal survey. It is always an important part of homeownership especially for those who want to own homes through mortgages, as the lender always needs to ensure that the loan being borrowed equates to the property value.
Land survey helps one determine the value of their property as well as make them be aware of their boundaries line in determining what he or she owns.
Ways one can encroach into your property.
One can always go beyond a property line knowingly and intentionally. A case where one builds a fence or does a home extension with total awareness of where their property ends and goes beyond into the neighbours property is a property encroachment.
Though it is widely argued that most property encroachment cases in Kenya are unintentionally, most cases are from unawareness and wrong information about their property boundaries.
Structural encroachment can occur when a property owner builds or structures extend into a fellows property boundary. Most common cases are of sidewalks, driveway and erect land scape components like trees, flowers and bushes.
Ways one can handle an encroachment case.
1. Legal approach
Before one seeks legal guidance he or she must have;
- The title deed.( In a case where the title deed is missing a complaint should consult legal authorities)
- Revenue records
- Copy of the will
- Original purchase agreement.
Getting an injunction order or an eviction notice from a court of law to erase the illicit possession of ones property is the next step. But for this case it is advisable for one to seek help from an experienced lawyer. One can also reach out to a surveyor to get your land measured. Legal approaches are always viewed as tiring and expensive.
2. Out of court settlement.
An advantage of this approach is that it is not time taking and not expensive. It takes years for one to get a court order. An out of court settlement is only advisable when;
• the trespasser doesn't want to own the property legally and only wants the property for some time.
• the encroacher is not willing to leave the property but is free to resolve the issue and follow an expertise advise.
