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CADASTRAL SURVEYING

Prepared by:
MARTIN MURIMI
1 INTRODUCTION

1.1 PURPOSE AND SCOPE OF CADASTRAL SURVEY


1.1.1 Purpose

Cadastral Surveys are made for the purpose of delineating of property boundaries and the compilation of data
required for the registration of titles to land. Survey is the link between ground boundaries and boundaries in the
land registries

If the boundaries already exist as in the case of adjudication surveys, the surveyor picks the boundaries to be
included in a plan to be referred to in during the registration of the parcel. If the area has been planned and
allocating is to be done to individuals as shown in the plan, it is the responsibility to reflect demarcate on the
ground the parcels or plots of land as they appear on the development plan

Sometimes a survey may be required for the purpose of registration of rights and interest in land other than that
of title or ownership. This could be interests such as easements, right of way etc.

Surveys are carried out also for the purpose of other transactions e.g. transfers, leases, charges, mortgages, etc.

1.1.2 Scope

Cadastral surveys includes accurate boundary surveys regulated by survey act cap 299 and general boundary
surveys normally referred to as Mutation surveys.

1.2 CADASTRE:
1.2.1 Definition

A cadastre is the official register of the quantity, value and ownership of real estate within the area administered
by government unit. it may consist of several volumes, e.g. numerous books for the land within a province
of a nation or for the land within a county administered by a local authority

The word ‘cadastre ' is derived from the word cadastrum, which was a head tax register of the Romans.

The cadastre is often the principal source of information about ownership of rights in land. The basic unit of
cadastral record is the land parcel.

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In the information system taxonomy, the cadastre is the parcel based land information system as shown below.
INFORMATION
SYSTEMS

NON SPATIAL INFORMATION SPATIAL INFORMATION


SYSTEMS (e.g. MANAGEMENT) SYSTEMS

RESOURCE INFORMATION OTHER SPATIAL


SYSTEM INFORMATION SYSTEM

GEOGRAPHICAL
LAND INFORMATION
INFORMATION SYSTEMS (GIS)
SYSTEMS (large scale)
(small scale)

OTHER LAND INFORMATION


PARCEL BASED LAND SYSTEMS (e.g. forest inventory, soils
INFORMATION SYSTEMS & geology)

CADASTRE (e.g. juridical, fiscal


& multi-purpose)

Information systems taxonomy

The principal function of a cadastre is the provision of data concerning such matters as land ownership, value
and use. It may provide information component of land registration

1.2.2 Types of cadastre

a) Juridical cadastre- This is a legally recognized record of land tenure


b) Fiscal cadastre - This is primarily for property valuation and used in some countries for the purpose
of payment of tax.
c) Multipurpose cadastre - It encompasses both the fiscal and the juridical with the addition of other
parcel related information.

1.3 CADASTRAL SYSTEM IN KENYA

The juridical cadastre is essentially the cadastral information system. It has as a rule two parts.

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a) A written record or register containing information about each parcel, such as the name of the owner and
the rights which appertains to the land.
b) Cross-reference to the first and contains a detailed description of the parcel in the form of either maps or
survey measurements.

Within a Juridical cadastre, there are four main operations each of which provides land information.

i. Adjudication: this is the official determination of rights in land


ii. Demarcation: this is the marking of the limits of each parcel on the ground.
iii. Survey: which entails measurement and mapping.
iv. Description: It entails entering relevant information into the official recording system such as the
register

1.4 DEVELOPMENT PLANS & PART DEVELOPMENT PLANS (PDP)

For the purpose of registration and survey of land subject to land planning act i.e. land within the urban area and
the generally the government lands which may be leased to individuals, land is leased out through a letter of
allotment from the commissioner of lands. The letter of allotment contains a plan that indicates the land which
has been allotted to the individual. The plan called apart development plan is normally extracted from a larger
plan of an area or town

Development plans are produced by the department of physical planning. From planning up to draft circulation
stage. As soon as there is an intention to prepare a part development plan for any part of an unknown center,
townships or municipality a draft plan is circulated for comments to various authorities e.g. the local D.C., the
clerk of the county council, clerk of municipal council, ministry of health, Education, Water Development,
Director of Surveys etc.

1.5 PROPERTY BOUNDARIES

The four processes of adjudication, demarcation, survey and parcel description are closely influenced by the
nature and definition of boundaries.

1.5.1 Legal boundary

In a legal sense, a boundary is (except in strata titles) a vertical surface that defines where one landowner’s
territory ends and the next begins (except in sectional property rights)

The legal boundary is an infinitesimally thin surface extending from the centre of the earth to the infinite in the
sky. This is an abstract concept.

In practice, there are two types of boundaries, which determine the rigor of the survey to be executed. These are
the 'fixed' and the 'general' boundary.

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1.5.2 Fixed boundaries

A fixed boundary is one, which has been accurately surveyed (mathematically determined) so that a surveyor
can from the survey measurements; accurately re- establish any corner monument that might get lost. All
surveys of titles registered under Registered Title Act (RTA) are to this standard.

Parcels registered under Registered Lands Act (RLA) but are accurately surveyed as provided under section 22
of the Act shall be noted in-the register as fixed and reference made to the survey plan, authenticated by the
Director of Surveys.

1.5.3 General boundaries

These are boundaries defined by physical feature which forms the actual boundary,The feature could be a
hedge, a fence, a wall, or any other feature that can be used to mark the limits of a parcel of land. The boundary
is neither the centre of the feature or any side but the feature itself. This require great maintenance, which is a
great disadvantage to the absentee landowner. The survey is approximate hence, the survey plan resulting from
the general boundary surveys cannot be depended on in resolving boundary disputes. The plan is just one of the
evidences used.

1.5.4 Merits and dements of fixed and general boundaries

Fixed General
Cost & Surveys are costly and time consuming. Cost of survey is low and can be carried out
duration very fast.
Guarantees The extent is guaranteed by the Government The plan, RIM is just an Index evidencing the
as indicated in the survey plan, hence the existence of the parcel but does not guarantee
rigorous parcel but does not guarantee the extent.
surveys.
Disputes/ re- The surveyor can re-establish the boundaries So many disputes/arise as the boundaries are
establishment from the given measurements or co- meant to be maintained jointly by
ordinates. neighboring owners. Any discontentment by
one party results in lengthy disputes.
Isolated The need to have the surveys controlled No need for control points, so long as the
surveys makes it difficult to carry out isolated area had been adjudicated
surveys for area sparsely controlled
registration Registration of the titles take time as the Registration of most of the titles is carried
authentication of the survey also take time. out at the District land registries which are
Most titles are under RTA, the registration decentralized
of which are Centralized at the
Commissioner of Lands office, which is
another lengthy process.
Value plots that are fixed have higher land value The value of land is generally low.

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2 CADASTRAL COMPUTATIONS
2.1 THEORETICAL COMPUTATIONS
2.1.1 Datum orientation computations

Before carrying out any survey, the surveyor shall provide himself with all available information in respect of
all previous survey of the plot of land to be surveyed and of any adjoining plot .From this information,
selection of the points from which to start and end the control survey is made.

Co-ordinates of the selected points are extracted from the list shown on the survey plan. Join computations of
these points are done for orientation bearings. At the starting point, a minimum of two opening orientation rays
are required and another two rays at the ending station.

2.1.2 Search data computations

Following this orientation computations further joins are computed to give bearings and distances for the other
points.

This is to enable the surveyor to look for other old underground survey points (IPCU' S) in the area. In addition,
surface beacons can be searched in this manner. Two points must be identified in the survey area from which
orientation can be made in order to search for the other points. The theodolite is then set up over one of the
points and an orientation made with other visible station. By directing the telescope in the direction of each
point to be searched, the point can easily be found by its bearing and distance from this station.

Sufficient points are required to be found at both the start and end of the traverse

2.1.3 Layout data computations

PDP is used for these computations.

The surveyor must make sure that his survey lies in the correct locality shown by this PDP. Together with the
datum plans, the surveyor plans his way of computations. New survey will always be tied to the old survey.

a) Given a part development plan of the area only, in case of new grant, the surveyor can get information on
the nearest surveyed lots from the registry index map of the town, area or block from survey office, from
which the F/R numbers of the surveyed lots can be obtained.
b) Given the Deed Plan number of the lot to be surveyed in case of subsequent survey of an already surveyed
lot, the surveyor can get the F/R (Folio/Reference) number of the lot from survey records office at Survey
Headquarters
c) Given the Folio/Registration (F/R No.) of a plan that contains the lot to be surveyed, the surveyor needs to
get the plan and other relevant plans that are cross-referenced on the plan. It is important that the surveyor
sees the quoted plans as they may contain information that may influence the method of computation.

Some of the common theoretical computations that one would apply in computing coordinates of the plots are

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I. Road secant computations
a) Road of equal width: to coordinate D from B

Let:

Bearing BA and BC be θ1 and θ2 respectively

Width of the road = d

1   2  
1
angle ABD  angleCBD  
2
1 1
r  d cos ec  : Brg BD   2  
2 2
1 1
r  d cos ec  : Brg BD  1  
2 2

b) Road of unequal width: to coordinate D from B

Let:

Bearing BA and BC be θ1 and θ2 respectively

Width of the roads are = d1 and d2 respectively

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1   2  f     ......................(i )
angle ABD   : angle CBD  
r  d1 cos ec   d 2 cos ec  .........(ii)
Brg BD  1     2  
from (i ) :   f  
in (ii ) : d1 cos ec   d 2 cos ec ( f   )
or : d 2 sin   d1 sin ( f   )
trigonometric ratio of compound angles gives
d 2 sin   d1 sin (sin f cos   cos f sin  )
d 2  d1 sin f cot   cos f
d 2  d1 cos f
Thus  cot  
d1 sin f
where   f  

II. Subdivision of areas


a) Subdivision of plot into two equal parts by a line of known bearing

Required to sub-divide area ABCDEFA into two by a line XY parallel to AF

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1. Calculate total area
2. Draw line from one co-ordinate point dividing the area approximately into two-line BE1
3. Determine bearings BE, EE1, and BA hence angles α, β and γ
4. Calculate EB from known co-ordinates hence determine distances EEl and BEl using the sine rule
EE1 EB BE1
 
sin sin  sin 
(Note: co-ordination of El by intersection method gives the distances and bearings EE1 and BE,)
5. Determine area ABE1EFA
6. Required area = AXYEA = Area ABE1EFA - area XBE1YX
Hence, XBE1YX is found.
XBE1YX = area PBE1QP + area QE1Y
1 1
XBE1YX  ( d  BE1 )  d  d  tan(   90)   d ( d  tan(90   ))
2 2
All terms are known except for d, so problem can be solved.

b) Subdivision of a plot into two equal parts from a given point

Required to subdivide area from a definite point (midway between F and E so that a specific area Z is excised

1. Calculate area of plot from co-ordinates.


2. Find turning point on the boundary where the area bound by a line from it to H is approximately
required. Point A in the figure below. (This done best on an accurately draw plan of the plot).
3. Calculate the area AHFG. Let it be Z’
4. Calculate bearings and distances HA and AG.
5. Area of triangle AHI where I is the required point is Z – Z’

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1
Z  Z'  AH  AI sin( HAG )
2
AI is unknown and can easily be found.
6. With AI known, the co-ordinates of I can be calculated.

Distances can be set out on the ground and the area of sub­divide portion recalculated.

2.1.4 Placing data computations

Once the main control traverses as well as the subsidiary traverses have been computed and acceptable
accuracies obtained, the surveyor can compute the joins placing data. Working from the whole to the part,
traverse control points are selected which are close to the block corners.

Joins are then computed to give bearing and distance for each comer beacon to be placed

2.1.5 Computations of area by mathematical method (from coordinate of corners).

The various methods of determining areas from co-ordinates all utilize the same general formula.

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The area with the closed figure is given by:

Area = Area (AaeE) + Area (EedD) + Area (DdcC) – Area (AabB) – Area (BbcC)

Area of trapezoid AaeE is given by

1
A  E5  E1  N 5  N 1 
2

Thus,

1 1 1
Area   E5  E1  N5  N1    E4  E5  N 4  N5    E3  E4  N3  N 4 
2 2 2
1 1
  E2  E1  N 2  N1    E3  E2  N3  N 2 
2 2

1
Area   E1  N 2  N 5   E 2  N 3  N 1   E 3  N 4  N 2   E 4  N 5  N 3   E 5  N 1  N 4  
2

Similarly, if the polygon has n sides then:

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1
Area   E1  N 2  N n   E2  N 3  N1   ....  En 1  N n  N n  2   En  N1  N n 1  
2
or
1
Area   N1  En  E2   N 2  E1  E3   ....  N n 1  En  2  En   N n  En 1  En  
2

In tabular form, this may be written as:

The oblique full lines should be multiplied and the products added, the difference between this quantity and the
sum of products of oblique lines will give twice area.

1 1 
A    N 1 E 2  N 2 E 3  N 3 E 2  ......  N n 1 E n  N n E1    N 1 E n  N 2 E1  N 3 E 2  .......  N n 1 E n  2  N n E n 1  
2 2 

This particular form of treatment holds good with any polygon, the essential points to note are that the first
station is repeated in the tabular layout and that twice the area is given

2.2 ORDER AND SEQUENCE OF COMPUTING THEORETICALS

When computing theoreticals,

 Diagrams should be employed as much as possible, bearing in mind that the computations will be
computed from the whole to the part.
 The required area should be maintained during computations and as per the part development plan.

The order of computing corner co-ordinates is:

1. the perimeter boundary of the scheme in case of a large scheme survey


2. the block comers of each block in the scheme
3. the corner points of each plot of land
4. the area of each plots
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These computations should be done using the following guiding principals

a) Scaling:
 Scaling is done on the P.D.P. to distances that cannot be derived mathematically. This should normally
be on a line of a given bearing.
 If a scaled distance is being used in theoretical computation, it should be indicated.
 Distances scaled should as much as possible maintain the area quoted on the P.D.P...
 Scaled distances should follow the principles of physical planning e.g. road widths that are not indicated
on the plan should be rounded to standard road widths i.e. 6, 10, 12, 15, 18, 20, 25, 30, 40, 60, 90, 120
all in meters. Truncations, cul-de-sac and related road measurements are related to a factor of 3m for
narrow roads.
 If several distances are being scaled between two known co-ordinates, the overall distance should first
be determined by join computation. The last segment of the line should be deduced from the overall
distance of line and must not be scaled.

b) Protracted Bearings:
 Bearings are protracted only when they cannot be derived mathematically or be related geometrically to
the known bearings.
 Protracted bearings should maintain the shape of the plot as in the P.D.P.

c) Corner Co­ordinates Computations:


i. Road secant; If a road secant exists this computation should be given priority
ii. Intersection; Should always be used whenever a point to coordinated fall within an intersection of two
bearings
iii. Polar; Used along a known bearing the distance is scaled from the P.D.P... Coordinates of a point should
not be computed by polar if it can be computed by intersection unless the distance has been
mathematically determined.

2.3 POST FIELD WORK COMPUTATIONS

After fieldwork placings, further computations are carried out, namely;

 Demonstration of placings and the checks of placings.


 area computations,
 derivation of boundary data and
 The consistency check once the plan has been drawn.

2.3.1 Demonstration of placings and checks.

Having computed the bearings and distances for each of the points to be placed, then each of them is placed on
the ground on its predetermined bearing and distance.

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During the placing, a traversing tripod is set up in the direction of the point to be fixed. Slope, sag, combined
temperature and sea level corrections have to be applied to the computed distance. The points are then placed or
set out from a traverse point. These placed points must be checked from an independent point.

A convenient check point, preferably along the traverse leg is selected from where observations and
measurements are made to the placed point or points.

All the field data both for the placing as well as checking must be written in the field notes.

These field notes are reduced as usual and the data used for the demonstration/checks computations of the
placed points. The co-ordinates of the corners as computed must agree with the theoretical co-ordinates.

After the block corners have been placed and checked, on-line points are placed from one of the corner beacons.
These are then checked from the corner beacon on the other end.

 If the difference between the theoretical co-ordinates of a beacon and its ground co-ordinates from the
placing differ by more than 0.03m, then the placing ought to be repeated.
 If this difference equals 0.03m, then the ground co-ordinates are quoted for the beacon.
 If this difference is less than 0.03m, then the theoretical co-ordinates of the beacon is assumed.

2.3.2 Boundary data computations

Boundary data is derived from the final co-ordinates of the block corners. This is done by computing joins of
one block corner beacon to the other.

Road alignment is very important whereby parallelism of the roads should be maintained.

2.3.3 Consistency check

This computation is made in order to ensure that the data which appears on the cadastral plan is consistent with
the final theoretical co-ordinates of the corner beacons. Co-ordinates computed directly from the bearings and
distances are compared with the final plan values and are shown to be correct to the last decimal place i.e. ±
0.03 m for rural surveys,± 0.003 m for townships.

Where greater discrepancies than these arise, the computation of the relevant bearings, distances and theoretical
computations must be checked thoroughly and the necessary amendments made to the plan data.

Boundary data for any plot must represent a closed figure.

In any case, co-ordinates of truncation points are not normally quoted on the plan. The consistency check must
be error free and the procedure to be adopted is as follows:-

a) The order of computing is selected, the co-ordinates of the starting point are copied from the plan together
with the bearings and distances.
b) After computing the appropriate DE and DX, the co-ordinates of the next point are obtained. These are
immediately checked against the co-ordinates shown on the plan.
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c) Differences, if any, are noted in a different colored ink, and the true co-ordinates written underneath the
erroneous ones.
d) Using the true co-ordinates, the co-ordinates of the next point are computed and compared with those
quoted on the plan and the procedure is continued until all lines have been checked.

2.4 SURVEY REGULATIONS GOVERNING CADASTRAL COMPUTATIONS

78. Computations to be in special forms

(1) Computations shall be made on such forms as the Director may require.

(2) Licensed surveyors shall pay to the Director the cost price of any blank forms supplied to them by the
Director.

79. Method of entering computations

Computations shall be clearly and legibly set out in ink, and the entry of numbers or words to indicate checks
on the computations shall be made in pencil or in a different coloured ink; provided that red ink shall be
reserved for the use of the Director. Where computer facilities are used, the print-out must conform to the
requirements of the Director of Surveys.

80. Triangulation and trilateration

Surveys carried out by triangulation and trilateration shall normally be set out and computed by the Direction
Method, or in conformity with any other current standard survey method.

81. Traverse computations

(1) In surveys carried out by traverse methods, each separate traverse shall normally be set out in suitable form
so as to demonstrate the initial datum bearing or bearings, the bearing misclosure and the consequent
adjustment of bearing.

(2) The linear error of closure, its distribution through the traverse, and the final adjusted values of all
traverse points, shall be demonstrated in conformity with current standard survey practice.

82. Independent checks to be made

Before any surveyor forwards any computations to the Director for authentication he shall make in independent
and complete check of all his calculations, and such checks shall accompany the computations and be clearly
demonstrated.

83. Method of computing areas

(1) Rectilinear areas shall be computed mathematically.

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(2) When a portion of the boundary of a property is a curvilinear boundary, the area of the property shall be
determined partly by computing from co-ordinates and partly by planimeter determination from a large scale
drawing of the carvilinear boundary, in conformity with regulation 88 of these Regulations.

(3) If necessary, the co-ordinates of accurately scaled points on the drawing of the curvilinear boundary shall
be used in the computation, in order to reduce to a minimum the effect of plotting and other errors on the area
determined by the planimeter.

84. Degree of accuracy for computing areas

Areas shall normally be calculated to the degree of accuracy specified in the following table:

Hectares

Plots not exceeding 1 hectare................................................................................... 0.0001

Plots over 1 hectare and up to 10 hectares ............................................................... 0.001

Plots over 10 hectares and up to 1,000 hectares ...................................................... 0.01

Plots over 100 hectares ............................................................................................. 0.1

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3 FIELD PRACTICE FOR FIXED BOUNDARY SURVEYS
3.1 RECONNAISSANCE (RECCY)

A great deal of time is saved if a thorough reconnaissance survey is carried out before the actual Survey is done
and the surveyor notes points which command the area and the degree of intervisibility possible between the
points. It is the responsibility of the surveyor to find all existing Control points and selecting the location of the
proposed stations.

3.1.1 Initial preparation

The surveyor shall provide himself with all available information in respect of any previous survey of the plot
of land to be surveyed and any adjoining plot. The development plan must be for the area it represents when
compared with the survey plan.

3.1.2 Site visit

During site visit, the surveyor will have the prints of the old survey for the area together with the Part
development plan. It is his responsibility to contact property owners, finding all existing control points, and
selecting the location of the proposed Stations.

 It is, at this time that the surveyor takes a general view which will assist planning the work
 Evaluation of development plan
 Search of old survey records

3.2 METHOD OF PROVIDING HORIZONTAL CONTROL


3.2.1 Triangulation

Some of the first cadastral survey were controlled by triangulation. This was because the control points were
isolated and triangulation was the best way out. Triangulation is still used in limited cases to provide controls
for very large farm surveys. Triangulation is appropriate when there are limited but intervisible control points
(say two), and the base can be measured accurately.

Triangulation, though has greater computational and fieldwork demands, but it is a more reliable method of
providing control than ray trace.

3.2.2 Trilateration

With the availability of EDMs, distance measurement has become easy yet this was the greatest obstacle in
provision of control. If a minimum of three control points are visible from a point that needs to be fixed for the
purpose of further surveys, this method is most appropriate.

3.2.3 Traverse

A theodolite traverse consists of an orderly sequence of determination of the lengths and directions of lines
between points on the earth's surface made to determine their positions .

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Traverse is one of the method of provision of controls especially for cadastral surveys. Depending on the extent
of the area, one should be careful to apply the appropriate traverse reductions, whether; a plane traverse,
Traverse on cassini-soldner projection or Traverse on UTM projection.

The method of survey is considered and the most suitable positions for the traverse stations are decided upon.

1. Ray trace traversing

A ray trace offers an indirect way of obtaining orientation particularly where the coordinates of the terminals
are known but no outside orientation is possible from them. An indirect method of this type is inferior to a
direct one and should therefore be used as an exception rather than the rule.

The ray -trace method depends on the validity of two assumptions.

a) That the two terminal points between which the 'ray is to be traced' are in Positions defined by their co-
ordinates.
 That they were originally soundly fixed and did not contain any disproportionate adjustment;
 That they have not been disturbed since they were fixed
 That they have not been misidentified and
 Are on the same survey system
b) That the fieldwork of the traversing under taken between the terminal points contains no material error.

The accuracy of a ray-trace must therefore depend on the reasonableness of the above assumptions, which, in
accordance with technical requirement, must be demonstrated. The demonstration lies in the assessment of
linear agreement between the terminals of the angular relationship between any of the ray-trace points and some
old points in the area of work.

The relative positions of the terminal points would be assessed by comparing the distance between them as
brought through the ray-trace traverse and as derived from the join.

To guard against the weakness of the ray-trace

a) A ray-trace should be as straight as possible,


b) The traverse should be adjusted but only aft.er confirming that the linear agreement obtained, sufficiently
reflect the accuracy of the original work.
c) Connections should be made in-route in order to afford angular checks and to establish the reliability of the
ray-trace controls in terms of their consistency with the old work
d) Where connections are made to en-route old beacons in the area and large discrepancies result, no attempt
should be made to 'revise' the beacons or to declare them out of position unless an independent check is
made
e) The bearing swing should not be mistaken as a measure of accuracy as its size depends merely on the
assumed bearing

A ray trace traverse is done when the co-ordinates of the terminals are available but no outside orientation is
possible from them. Ray trace traverse stations are selected on suitable locations and monumented.
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Field procedure

 The instrument is "set up over the first new traversing station and leveled. The first orientation bearing is
approximated i.e. assumed or on compass bearing. This bearing is set in the instrument as back bearing
pointing to the first terminal station, and the normal angular observations made. Linear measurements are
done, first to the terminal station and then to the forward station.
 The other traverse legs are observed and measured in the usual way up to the final terminal point. There are
no outside closing orientation rays at this point.
 Then field note reductions on angular observations, and distances is done.

Bearing sheet

 Ray trace bearing sheet is prepared and adjusted using the assumed bearing.
 Using these bearings and distances, a first traverse computation is performed to obtain differences in
northings and eastings for each leg.
 These differences in northings and eastings are respectively summed up.
 This summation should be the same as the actual terminal differences in northing and easting.
 The two joins taken out will give a bearing correction to be applied to the assumed bearings and a scale
factor to be applied to the distances i.e. on each traverse leg.
 A final computation is carried out with the adjusted bearing and distance to obtain the final co-ordinates of
each new point

3.2.4 Selection choice of instrument stations

The stations should be chosen with the requirements of the survey in mind and the stations should be:

a) Intervisible
b) on stable ground
c) where the surveyor is able to read the angles subtended there
d) accessible
e) Least likely to be disturbed.

3.3 EMPLACEMENT OF BEACONS AND FIELD CHECKS


3.3.1 Corner points of the boundary

The block corner points are placed from traverse control points using the bearing and distance obtainable from
the placing data.

This is essential working from the whole to the part. Once the points have been placed and checked from a
checkpoint it is ready to be monumented.

3.3.2 On-line beacons

Upon placing all the block corner beacons, which have been confirmed to be in their pre-determined position
then filling-in of the on-line beacons follow.
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On-line beacons are placed from one end of the block comer beacon and checked from the other block comer
beacon.

However, when the line is long enough a split of the line, say, mid-way is done. Checking is done from the
other end.

3.4 SURVEY REGULATIONS GOVERNING THE CONDUCT OF FIXED BOUNDARY SURVEYS

SURVEY MARKS, BOUNDARY BEACONS AND BOUNDARIES

37. Design and specification of survey marks

(1) The design of survey marks shall be as specified by the Director, except in special circumstances which
must be set out in the report on the survey.

(2) When an original grant is being re-surveyed or subdivided, any beacon which does not constitute a
permanent and fine mark shall be replaced by a new beacon or be referenced to a nearby witness mark.

(3) Every new triangulation or trilateration station other than a purely auxiliary station shall be permanently
marked.

(4) In third order traverses as defined in regulation 60 of these Regulations, all traverse stations shall
whenever possible be permanent points.

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(5) Where conditions do not permit the establishment of permanent traverse stations, the surveyor shall provide
an alternative form of referencing, and the reason shall be stated in the surveyor's report.

38. Placement of survey marks

(1) Boundary beacons shall be of such type as the Director may require, and shall normally be surmounted by a
cairn of stones or a mound of earth.

(2) The primary consideration in placing all survey beacons is their durability, having regard to the fineness of
the mark required for the purpose.

39. Referencing of boundary beacons

(1) All boundary beacons for which no adequate reference mark already exists, the co-ordinates of which are
required by regulation 92 of these Regulations to be tabulated on a plan, shall, except as provided below, be
referenced by the establishment, with adequate check, of a permanent underground mark in the vicinity of the
beacon and in a position where it is least likely to be disturbed; such underground mark may be a
permanent control station established under regulation 37 of these Regulations:

Provided that two existing nearby beacons may be used instead of one underground mark.

(2) The guiding principle in the placing of reference marks is the necessity to provide a ready and accurate
means of re-establishing the beacons of the property as well as to provide the basis for any future survey,
and the surveyor shall ensure that this requirement is met in a reasonable manner.

(3) With a view to facilitating the location of isolated boundary beacons, such beacons shall, in addition, be
referenced to any nearby telephone pole, suitable tree or other prominent physical feature.

(4) In order to maintain a record of reference marks, the surveyor shall verify the position of any previously
placed reference marks at beacons involved in his survey, and shall record the appropriate measurements in the
field notes.

40. Line beacons and river beacons

(1) Where a rectilinear boundary intersects a curvilinear boundary, and a beacon cannot be placed at the
intersection, a beacon shall be placed on the rectilinear boundary as near as is practicable to the intersection.
Such beacon shall be known as a line beacon.

(2) Where the rectilinear boundary continues on both sides of the curvilinear boundary, a line beacon
shall be placed on both sections of the rectilinear boundary.

(3) Where the curvilinear boundary falls within a river or swamp, the line beacon shall be placed above flood
level and shall be known as a river beacon.

(4) Distances from line or river beacons shall be measured to the precision required by regulation 88(3).

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(5) All subdivisions of a property (including any remainder) which are situated across a road or railway reserve
shall be fully beaconed as self-contained units.

(6) When a curvilinear feature is adopted as a sub divisional boundary the several subdivisions and any
remainder shall be fully beaconed as self-contained units.

41. Placing beacons on boundary line

(1) Where a beacon is placed on a boundary line, it shall be proved to be on line by establishing either directly
or indirectly its relationship with the terminal beacons of the line.

(2) Where no rectilinear boundary of a subdivision coincides in whole or in part with any perimeter boundary
of the land being subdivided, the relationship of the sub-divisional beacons to at least two of the perimeter
beacons shall be directly or indirectly established.

42. Beacons placed from computed data

Where a beacon is placed from computed data, its position shall be proved by an independent field check and
calculation.

43. Boundaries adjoining trust land or forest areas

(1) Where any area of land which shares a common boundary with an area of trust land is surveyed, that
common boundary shall be defined by intervisible beacons.

(2) Where any land adjoining any boundary of a forest area is surveyed, the common boundary shall be
surveyed and defined by beacons placed thereon at reasonable intervals, so that the boundary can be easily
identified.

(3) Where the common boundary surveyed as aforesaid has been cut through forest, beacons need not be
intervisible, but they shall be intervisible when the boundary passes through glades or scattered bush.

44. When beacons cannot be placed

(1) When the corner of a plot of land coincides with the corner of a permanent building, such corner
shall be surveyed and it may be adopted as the beacon.

(2) Where the corner of a plot of land does not coincide with the corner of a permanent building but is
in such close proximity to it that a standard boundary beacon cannot be established, such corner of the building
shall be surveyed and its position relative to the plot corner established.

(3) When the corner of a plot of land falls within inaccessible ground, where a beacon cannot be placed, the
position of such corner shall be permanently referenced by at least one indicatory beacon placed on a boundary
line as near as possible to the corner.

(4) In all the above situations details shall be indicated on the plan.
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(5) When the corner of a plot of land is occupied by a permanent and easily recognized mark, such as a
substantial fence-post and fencing or a tree, such corner shall be referenced by at least one permanent
underground mark.

45. Damaged beacons cannot be repaired

Where an old beacon of the plot of land under survey is found to be damaged, the surveyor shall repair or renew
the beacon, and shall make a record of the repairs in his field notes.

46. Trigonometrical station to be repaired

(1) Every surveyor engaged on Government work who discovers any trigonometrical station to be damaged and
in need of repair shall carry out such repair as may be necessary.

(2) A licensed surveyor not engaged on Government work is not required to repair any damaged
trigonometrical station, but he shall report in writing to the Director the name, number and position of such
station and the nature of the damage which he has observed.

47. Missing beacons

Missing beacons shall be noted in the surveyor's report (regulation 85(a) refresh), and in order to demonstrate
that he has searched in the right place the surveyor shall furnish such measurements and observations as may be
needed.

48. Re-establishment of missing beacons

(1) If a surveyor is required to re-establish a missing beacon he shall submit his field notes, computations, and
report, to the Director.

(2) Normally such survey shall be carried out in conformity with the provisions of these Regulations covering
the determination of new beacons, having regard to all other evidence, but in special cases such as within the
areas of the compass surveys in the Coast Province, the Director may authorize methods and make alternative
requirements.

49. Redundant beacons

Where the existence of a visible redundant beacon is likely to lead to confusion, it shall be removed or replaced
by an underground witness mark.

50. Surveys and re-establishment of boundaries

(1) In every survey of land, where the position of an existing beacon is found to differ materially from that
indicated by the relevant previous survey, the surveyor shall exercise the greatest care-

(a) in establishing that the discrepancy actually does exist; and

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(b) in collecting all evidence which may have a bearing on the eventual action to be taken.

(2) A careful search shall be made in the position indicated by the previous survey to ascertain whether or not
any evidence of an old beacon or its reference marks still exists, and the position of any buildings or other
development shall be recorded.

(3) Where the situation allows, the surveyor, before taking further action, shall provide the Director with a full
report, and shall request instructions.

SURVEYS PERFORMED BY TRIANGULATION, TRILATERATION, TRAVERSE AND AIR SURVEY

51. Guiding principle

All licensed surveyors shall assist, as far as is consonant with efficient and economical survey, in the
establishment and increase of permanent control marks of all types throughout Kenya.

Triangulation and Trilateration

52. Geodetic and secondary triangulation

All geodetic and secondary triangulation shall be carried out under the control of the Director, and shall
normally be performed by Government surveyors.

53. Lower order triangulation

(1) All new triangulation and trilateration of lower order than geodetic or secondary required to provide general
control for cadastral surveys shall be brought into harmony with existing control by methods conforming with
current survey practice.

(2) When issuing survey data for such work to a licensed surveyor, the Director may recommend either a
particular sequence in the computation of new work or any special computations which the circumstances may
require, and it shall be the duty of a licensed surveyor so informed not to depart from the Director's
recommendation without reasonable cause.

54. Tertiary and minor triangulation

For the purpose of regulations 55 and 56, tertiary triangulation means triangulation established to an accuracy
which makes it suitable for use as a basis of further triangulation; minor triangulation means triangulation
established to a lower accuracy and suitable only as a basis for fixing local traverses and beacons.

55. Instruments used for triangulation and trilateration

(1) A micrometer theodolite of an approved pattern reading directly to one second of arc, or better, shall be
used for geodetic, secondary, or tertiary triangulation.

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(2) A micrometer theodolite of an approved pattern reading directly to twenty seconds of arc or better, shall be
used for minor triangulation.

(3) Electronic distance measuring equipment of an approved pattern shall be used for trilateration distance
measurement.

56. Method of taking triangulation

(1) The minimum requirement for tertiary and minor triangulation shall be two arcs observed on different
zeros:

Provided that two rounds observed in different zeros may be sufficient for observations to points situated
less than two kilometres distant.

(2) An arc of angular observations for triangulation shall consist of two rounds observed in opposite
directions on the same zero, one round being on face left and the other on face right.

(3) For each arc a suitable reference stating shall be selected and both rounds of the arc shall be closed on to it,
and the misclosure of each round shall be appropriate to the class of theodolite used.

(4) The difference between measurements of any angle on different arcs shall be appropriate to the class of
theodolite used.

(5) Where electronic distance measuring equipment is used, sufficient observations shall be taken to eliminate
any ambiguities, and achieve the accuracy required by regulation 27.

57. Fixing of beacons

(1) Triangulation, trilateration, or a combination of these techniques for determining the position of beacons
shall be carried out in accordance with the procedure laid down in regulations 53 to 56 of these Regulations and
the method of computation shall conform with current standard survey practice.

(2) Beacons may also be fixed by-

(a) intersection, provided at least three suitable rays are observed on to the point to be fixed;

(b) re-section, provided at least four points in favourable positions for such fixing are observed;

(c) any other method which is capable of fixing a point with no less accuracy than that of the methods of
intersection and re-section:

Provided that no point fixed by any of the methods specified in subparagraphs (a), (b) and (c) of this paragraph
shall be used to form the basis of further triangulation.

58. Isolated surveys

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(1) In areas where no triangulation exists, the datum shall consist of an astronomically determined position and
azimuth, but in special circumstances the Director, may give written approval for the adoption of local origin
and bearings based on a magnetic orientation.

(2) (a) Such isolated surveys shall, wherever possible, be made by triangulation, and a base-line shall be
measured to provide the length of the first side.

(b) Generally, the base-line shall be in length not less than one fourth of the greatest distance across the area to
be surveyed.

(c) When a measuring band is used, such base-line shall be measured at least twice, and in two or more
sections not necessarily in one straight line. The several sections shall be compared with one another through
subsidiary triangles.

(d) If, after all appropriate corrections have been made, the difference between any two measurements exceeds
one part in 12,000 of the measured distance, the base shall again be measured until the resultant difference
between any two measurements does not exceed this limit.

(e) When electronic distance measuring equipment is used, the measurements shall conform with the
requirements of regulation 56(5).

Traverse Surveys

59. Geodetic and secondary traverse

All geodetic and secondary traverses shall be carried out under the control of the Director and shall normally be
performed by Government surveyors.

60. Lower order traverses

(1) (a) All main control traverses in built-up areas shall be observed to third order standard.

(b) All such lines shall be double-chained, and field operations shall be appropriate to a standard of
accuracy of not less than 1:20,000.

(2) (a) All other control traverses shall be observed to fourth order standard.

(b) Field operations for such surveys shall be appropriate to a standard of accuracy of 1:10,000, but
computational misclosures shall be allowed to the same degree of accuracy as the datum supplied by the
Director.

(c) A surveyor shall not use a loop traverse closing on his starting point if it is practicable to traverse between
two previously fixed stations.

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(d) When a surveyor is unable to close his work within the limits prescribed by the Director, the Director may
at his discretion authorize or instruct the surveyor to accept a lower order of misclosure, otherwise he shall close
his new work by a loop traverse, orientation being confirmed in a satisfactory manner.

(3) (a) The survey of curvilinear boundaries such as roads, railways, rivers, high- water marks, etc., shall be
made by subsidiary traverse or by air-survey methods:

Provided that this regulation shall not preclude any more accurate method.

(b) Such surveys of curvilinear boundaries shall be carried out to a standard of accuracy appropriate to the
plotting scale of the plan of the survey.

(4) Where traverses are extremely short, a reasonable misclosure shall be allowed irrespective of the minimum
requirements under these Regulations.

61. Angular measurement of traverses

(1) A theodolite permitted by regulation 55(2) shall be used for all traverses other than subsidiary traverses.

(2) Angular measurements for subsidiary traverses may be made either with a theodolite or a compass of
approved pattern, subject to the necessity to achieve the standard of accuracy required by regulation 60(3)(b) of
these Regulations. If a compass is used, both forward and back observations must be observed at each station.

(3) At every traverse station in other than subsidiary traverses, not less than two rounds on different faces and
different zeros shall be observed. It is not necessary to close the rounds on to a reference station.

(4) The first round at each station shall be set, when possible to the general orientation which is to be
used throughout the survey.

62. Linear measurements of traverses

(1) All linear measurements of third and fourth order traverses shall be measured using equipment and
methods appropriate to the standards of accuracy specified in regulation 60 of these Regulations.

(2) Slopes shall be determined by a theodolite, with a degree of precision appropriate to the standards specified
in regulation 60 of these Regulations, and where the slope is in excess of 10° the theodolite shall be read on
both faces.

(3) All measurements shall be reduced to the horizontal at mean sea level and corrected for temperature
and sag.

63. Surveys of curvilinear boundaries

(1) In survey of curvilinear boundaries by the tacheometric method, distances determined by staff readings shall
normally not exceed 200 metres and all three stadia readings on the staff shall be recorded.

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(2) Offsets substantially exceeding 75 metres in surveys of plots over 10 hectares in area, and exceeding 50
metres in surveys of smaller plots, shall be set out instrumentally and the method recorded in the field notes.

(3) If a surveyor wishes to adopt an existing survey of a curvilinear boundary for a sub-divisional survey, he
shall first obtain the consent of the Director.

64. Road and railway reserves

(1) A road or railway reserve boundary shall be taken as a line parallel to the centre line of the road or railway
at such distance from it as may be specified.

(2) When an area fronts on to a railway reserve, and the approved scheme of subdivision or grant demands that
the boundary between the property and the railway reserve be demarcated by straight lines, this boundary shall
be defined by one or more straight lines, not exceeding 30 metres each in length, beacons being placed at the
specified distance from the centre line:

Provided that the Director may relax this requirement where he considers that such relaxation will not
materially affect the definition of the reserve.

65. Swinging or hanging traverses

Swinging or hanging traverses unsupported by independent checks shall not be used.

66. Verification of points of departure and termination of traverses

Where the means exist, every point of departure of a new traverse and every terminating point shall be
identified and verified by observations and measurements, and these observations and measurements shall be
recorded in the field notes.

67. Verification of datum stations

Where a traverse station is converted for use as a boundary beacon, or where a previously co-ordinated traverse
station is used to place a boundary beacon, the surveyor shall verify the station by observations and
measurements, and shall record them in his field notes.

Air Survey

68. Air survey

Air survey methods may be employed in special cases with the prior written approval of the Director.

FIELD NOTES

69. Field notes to be on special forms

(1) Field notes and field note cover pages shall be made on such forms as the
Prepared by: Martin Murimi 27
Director may require.

(2) Licensed surveyors shall pay to the Director the cost price of any blank forms supplied to them by the
Director.

70. Recording of triangulation observations

(1) At each triangulation station every surveyor shall, when taking observations, record in his field notes
the date, the time, the weather conditions and the degree of visibility.

(2) When it is necessary, for any reason, for a surveyor to divide his observations, at any station into two sets,
the second set shall in corporate at least two stations which have been observed in the first set.

71. Recording of traverse observations

(1) All traverse observations and measurements shall be recorded in the field notes, in the sequence in which
they are observed or measured.

(2) A full description of every beacon and other mark used in the course of survey, whether placed, found and
used, or adopted, shall be recorded in the field notes.

Topographical Features

72. Topographical features

(1) Sketched topographical features shall be recorded where possible, and with special care in the vicinity
of a beacon to facilitate its location.

(2) All developments on any plot, such as buildings, wells and boreholes, and any other development, such as
pipelines which in the surveyor's opinion may involve a question of easement, right-of-way or any
prescriptive rights, shall be surveyed.

73. Method of entering field notes

(1) All observations and measurements made in the field shall be recorded clearly and legibly in hard pencil,
and shall be in such manner as the Director may require.

(2) All entries in field notes, which are not made in the field shall be written in blue or blue-black ink.

(3) All entries in field notes shall be indexed and referenced in such a way that any competent person may be
able to prepare a true plan therefrom, and they shall be in such form that they have only one reasonable and
correct interpretation.

74. Erasures and corrections

(1) In no circumstances shall any erasure be made in field notes.


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(2) Corrections shall be made by drawing a thin line through the erroneous entry, so as to leave the original
entry still legible; the correct entry shall be written outside the erroneous entry and not across it.

(3) Corrections to field notes shall be made in the field, and shall be a true record of actual measurements or re-
observation, and shall be initialed by the surveyor.

75. Nomenclature

(1) The letters, names, or numerals, by which any beacon or survey mark is identified in field notes shall be in
plain roman or italic script.

(2) In choosing suitable descriptions, surveyors shall take care to avoid nomenclature which is likely to lead to
confusion, and the letters, I, O, S, and Z, shall not be used.

76. Cover and page index

(1) The cover page of field notes shall be completed with such information as the Director may require.

(2) This information shall include the standard temperature and tension for the measuring band used in the
survey and, where measurements have been made in catenary, the weight per 100 feet (or other standard
length) of the measuring band.

(3) The pages of field notes shall be numbered, and an index in alphabetical and numerical order of all
observations and measurements in the field notes shall be given on the reverse of the cover page.

77. Unorthodox methods

When any surveyor is compelled to used unorthodox methods of survey owing to obstructions or difficulties in
the field, he shall give explanatory notes and, where necessary, diagrams in his field notes, to explain clearly the
method which he has used and recorded.

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4 REPORT WRITING AND PRESENTATION OF FIXED BOUNDARY
4.1 SURVEY PLANS (CADASTRAL PLANS)

Once the field work is completed, computations and checks done, a survey plan is drawn. The drawing of the
plan is regulated by the Survey Regulations. Though this is the domain of the cartographers it is nevertheless
important to know the provisions of the Regulations on the drawing of the survey project.

4.1.1 Ordinary Rectilinear and Curvilinear Plans:

These are plans from ordinary cadastral surveys. The boundaries could be rectilinear or curvilinear. The Survey
Regulations provides for the plotting and drawing of these plans and the information to be included in the
plans, the colour and types of ink to be used and the choice of scale for drawing among other things.

a) Townships:

Township survey plans are made from township surveys. They contain limited topographical features such
as the buildings and trees and other relevant topographical features that may be necessary to make the
survey complete. A comer of a building or a fence post or a large tree may form a comer beacon so it needs
to be included in the plan.

b) Farm Surveys:

Farm surveys are always of large areas so the scale should be chosen appropriately. Topographical features such
as dams, swamps, roads should be symbolized using standard symbols. When plots of small areas are included
they should be drawn as insets at an appropriate scale

c) Boundary plans:

The boundary plans are drawn normally for the purpose of setting apart the property in question. This includes
perimeter boundaries of townships, markets, urban councils, forest area, etc. The Property boundary is
appropriately drawn and edged in an appropriate boundary colour.

4.1.2 Topo-Cadastral Plans:

A topocadastral plan as the name suggests, is a plan that includes cadastral information as well as the
topographical-information. An ordinary survey plan that includes topographical features would not necessarily
qualify to be termed a topocadastral plan. A topo-cadastral plan has the following properties.

i. Scale:

Normally a smaller scale to cover a wider area such as a town, scale 1: 2,500, 1:5,000, and 1: 10,000. The scale
is generally smaller than a cadastral plan scale.

ii. Details:

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Includes the cadastral information on a, topographical map base. The boundaries of properties shown, some
properties have hedges and other physical features that definetheir extent. The cadastral boundary still has to be
shown along the feature. other cadastral information such as the area, are not included, but information such as
the L/R number of the property may be included.

iii. Symbolisation:

The symbols used in the drawing of a topo cadastral plan are shown in the following pages. The topographical
symbols are generally those used to draw a topographical map at the same scale

iv. Usage:

The greatest use of a topocadastral plan is for the purpose of physical planning e.g. preparation of
development plans, amendment of the same and the preparation of part development plans to be used as a basis
for new allocation of government land. Where the Land Reference numbers are included, the plan is also used
as a basis for such of information that relates to a land from the land register such as the ownership, the land
tenure and rights and encumbrances that are tied to the land.

4.2 SURVEYOR’S REPORT

After all is done a surveyors report is written by the surveyor who executed the surveys.

4.2.1 Content

The report should be brief, signed and dated by the surveyor. The main items to be included are:-Authority,
Datum, Method (Traverses, placings and checks etc.)

4.2.2 Format

The format of the report is as follows:

Authority for Survey

- State letter and file of authority or verbal authority.

Approval of Sub­Division

-Notice of approval and approved plans.

Datum for Survey

-Quote beacons used, their plan of origin (i.e. F/R No.) and /or TC &ST number.

Method of survey

- Establishment of control points from datum. Demonstrate amount of linear and bearing misclosure in
traverses. State the method of distribution of error or adjustment, ray-trace or arbitrary adjustment. Agreement
with old data, connections, placings and checks
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Old Beacons found

- All the old beacons found should be described, and their state given.

Re­establishment and Basis for Re­establishment

- If a beacon or beacons have been re-established, this should be reported. If in re-establishing a beacon, the
data is revised, the basis for the revision of the data should be given

Description of Beacon placing, and field checking of new Beacons.

- The manner the beacons were placed should be described and how they were checked.

Areas

Agreement of sum of sub-division with head title or agreement with area quoted on the P.D.P should be stated.

Remarks

Any information of general importance that may assist in the examination of the plan and hasten its approval
should be included.

Signature

The surveyor to sign the report and date it.

4.3 CONSTRUCTION /STRUCTURE OF COMPUTATION FILE

The computations file structure is as follows:

I. Surveyor's report
II. Index to computation
III. Final co-ordinate list
IV. Base Measurement, transformation, datum joins etc.
V. Triangulation Diagram
VI. Triangulation Computations
VII. Computation of Heights
VIII. Theoretical Computations
IX. Traverse Computations
X. Derivation of Boundary Data
XI. Demonstration of Beacon Placing and Field Check
XII. Consistency checks
XIII. Computation of Area
XIV. Preliminary and final checking sheet

Note that items IV, V, VI, VII, are included if they were carried out however, most of the cadastral surveys do
not include triangulation and trilateration. Transformation computations are also rarely carried out.

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4.3.1 Letters of authority

These are letters or their Photostat copies from both the local authority and the Commissioner of Lands
approving the sub-divisional scheme or Development Plan. The signed Photostat copies of the approved
plans should be attached notwithstanding the fact that the Director of surveys is already aware of them.

4.3.2 Surveyor's Report

The report should be brief, signed and dated by the surveyor, the format being as described above.

4.3.3 Index to computations

This should show items throughout the computations by the pages under which they fall.

4.3.4 List of final co-ordinates

The coordinate list should be arranged in alphabetical or numerical order and in the following sequence:-

Triangulation D.I.P.C.U

Traverse I.P.C.U

Farm beacons A.I.C

Plot Beacons I.P.C.U

Temporary points I.P. or WP

Old beacons should be arranged first and then followed closely by the new beacons but in the above order and
sequence, Reference should be made to the survey plan number (F/R Number) in the case of old beacons and to
computations pages in the case of new beacons.

4.3.5 Datum joins

Only datum joins which are of use to the field work and computations (bearing sheet) need be shown.

4.3.6 Demonstration of proof of datum

These are field chainages or angular observations to old points also connections to reference points etc.

4.3.7 Control traverses

Regulation 81 of the survey regulations should be complied with.

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4.3.8 Theoretical Computations

A theoretical layout, diagrams can be usefully employed at the start of the theoretical computations on which
all necessary information should be shown i.e. beacon names, bearings, road widths, plot sizes including which
datum plan the information comes from

4.3.9 Placing data

Forethought is necessary to avoid placing beacons more than 100m from the control point.

4.3.10 Demonstration of Field placing and checks

All placed beacons must be independently checked by computation and deviations from the theoretical values
demonstrated.

4.3.11 Plan Data

This is necessary when beacons have not been placed from pre-computed position. The data is best shown on a
diagram, which should be of much use for the consistency check and at the plan drawing stage.

4.3.12 Consistency check

Should be based on the diagram showing plan data.

4.3.13 Area computations

Reproduced here are the survey regulations 83 and 84 on the method of computation of areas:

83. Method of computing areas

(1) Rectilinear areas shall be computed mathematically.

(2) When a portion of the boundary of a property is a curvilinear boundary, the area of the property shall be
determined partly by computing from co-ordinates and partly by planimeter determination from a large scale
drawing of the carvilinear boundary, in conformity with regulation 88 of these Regulations.

(3) If necessary, the co-ordinates of accurately scaled points on the drawing of the curvilinear boundary shall be
used in the computation, in order to reduce to a minimum the effect of plotting and other errors on the area
determined by the planimeter.

84. Degree of accuracy for computing areas

Areas shall normally be calculated to the degree of accuracy specified in the following table:

Hectares

Plots not exceeding 1 hectare .................................................................................. 0.0001


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Plots over 1 hectare and up to 10 hectares ............................................................... 0.001

Plots over 10 hectares and up to 1,000 hectares ...................................................... 0.01

Plots over 100 hectares ............................................................................................. 0.1

85. Presentation of computation

The computations of every survey submitted shall be preceded by-

(a) a report; and

(b) a general index to the computations; and

(c) a complete list of final co-ordinates of every point adopted or calculated in the survey; this list shall be
arranged in groups comprising datum points, new triangulation, trilateration, and traverse stations, other old or
re- established boundary beacons and new boundary beacons, arranged in either alphabetical or numerical
order; and on this co-ordinate list a description of every point shall be given, and reference shall be made to the
source of co-ordinates including datum plans or pages of computations.

86. Plans to be drawn on special forms

(1) All plans shall be drawn in waterproof inks on such plan forms as the Director may require.

(2) Licensed surveyors shall pay to the Director the cost price of any plan forms supplied to them by the
Director.

87. Scales to be used

(1) Plans shall be plotted at one of the standard scales tabulated in regulation 89.

(2) The scale shall be selected so that all essential detail is clearly shown, and the plan area of any parcel shall
not be less than 5 square centimetres:

Provided that, in a survey comprising both large and small parcels, enlargements of the small parcel(s) may be
shown in inset(s) at a larger scale than that of the main plan.

88. Plotting of curvilinear boundaries

(1) Curvilinear boundaries of any property not exceeding 1,000 hectares in extent, being boundaries which have
been fully surveyed, shall be plotted accurately on scale not smaller than 1 in 5,000; for larger areas the Director
shall specify the scale to be used.

(2) Where the consent of the Director has been obtained to the adoption of an existing survey of a curvilinear
boundary, the surveyor shall-

a. make an accurate reduction of the larger scale plan for use at a smaller scale; or
b. make an accurate transfer for use at the same scale; or
Prepared by: Martin Murimi 35
c. re-plot from the original field notes and computations for use at a larger scale.

(3) Where a rectilinear boundary intersects a curvilinear boundary and the provisions of regulation 40(1) and (2)
are applicable, the distance from each line or river beacon to the intersection shall be shown to the nearest
metre, but the distances between successive beacons along the rectilinear boundary shall be shown to the
degree of precision required by regulation 92(3).

(4) A curvilinear boundary shall be distinctively described.

89. Plotting by co-ordinates

(1) All plans shall be plotted by rectangular co-ordinates.

(2) A plotting grid of squares covering the surveyed area shall be drawn in blue or such other colour as the
Director may require as such, that grid line values shall be multiples of the metric intervals shown in the
following table:

Provided that where regulation 24(2) requires co-ordinates to be expressed in feet, the line values shall be
multiples of the foot intervals in the table.

INTERVAL

Scale Metres Feet

1: 250 ................................................. 25 100

1: 500 ................................................. 50 200

1: 1,000 ................................................. 100 500

1: 2,500 ................................................. 250 1,000

1: 5,000 ................................................. 500 2,000

1: 10,000 ................................................. 1,000 5,000

1: 25,000 ................................................. 2,500 10,000

1: 50,000 ................................................. 5,000 20,000

1: 100,000 ........................................... 10,000 50,000

1: 250,000 ........................................... 25,000 100,000

(3) Every plan shall contain at least one complete grid square and no square shall have sides exceeding 20 cm.
in length.

90. General rules for plotting

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(1) Every detail shown on a plan shall be distinct, and the camping of figures shall be avoided.

(2) The north point on every plan shall be upwards, and parallel to the sides of the plan form.

91. Abutting boundaries

(1) All boundaries abutting on any property which has been surveyed shall be shown on the plan.

(2) Where the plot or plots adjoin a surveyed road or railway reserve, and when the scale of plotting permits, the
boundaries abutting on to the opposite side of the reserve shall be shown.

92. Co-ordinates and numerical data

(1) In every survey the co ordinates of block corners of regular shaped figures, of permanent control and
numerical stations, and of all beacons of irregular-shaped figures shall be shown on the plan.

(2) The length and bearing of every boundary shall, when possible, be inscribed along the lines to which they
refer, and such lengths and bearings shall be deduced from the final co-ordinates as tabulated on the plan.

(3) In surveys of all properties the lengths and co-ordinates shall be shown to two decimal places of a metre.

(4) (a) The area of every plot shall be inscribed where possible within the figures to which it refers to the degree
of accuracy prescribed for the net area by regulation 84 of these Regulations.

(b) Areas shall be shown as follows-

(i) area ha. (approx.)

(ii) when reserves are to be deducted-

total area …….. ha. (approx.)

less reserve ……. .. ha. (approx.)

net area ……… ha. (approx.)

(c) Sufficient space shall be left for the plot number and the deed plan number to be inserted by the Director.

(d) No plot number shall be inserted by any surveyor.

(5) All data of any unco-ordinated connexions as prescribed in regulation 39 of these Regulations and of
terminal and perimeter connections as prescribed in regulation 41 of these Regulations, and of connexions to
building corners as prescribed in regulation 44 (2), and any other data which serve to clarify or to complete any
survey plan, shall be shown on the plan.

93. Triangulation and trilateration charts

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When surveys have been made by triangulation or trilateration or a combination of these techniques, a chart
drawn on a separate plan form shall be made showing all rays observed and/or measured. Such charts shall
show a tabulated list of final co-ordinates of all permanent control points:

Provided that it shall not be necessary to draw a separate plan where the control points have been surveyed by
methods permitted by regulation 57(2).

94. Colour and style of printing

Every survey plan shall be drawn in accordance with the requirements of the Director, in respect of colours,
style of printing and other details.

95. Topographical features

(1) All topographical features have been accurately fixed by survey, or have been sketched with reasonable
precision, in accordance with regulation 72 of these Regulations, shall be shown in their correct plotted
positions of the plan.

(2) When roads have not been surveyed with the same accuracy as other features, they shall be marked
"approximate only".

(3) When form lines add nothing of significant value to the plan, they shall not be shown.

(4) Topographical information may be taken from any official map published by the Director, or any authority
approved by the Director with due caution in regard to the limitations enjoined by the scale of the map.

(5) Where topographical information is taken from aerial photographs or other remotely sensed data, the
source shall be quoted on the plan.

96. Erasures and corrections

(1) No erasures shall be made after a plan has been drawn in ink.

(2) Necessary corrections shall be made by scoring through the incorrect word, letter, or numeral, in ink, and
every such correction shall be initialed by the surveyor.

97. Certificates

The certificate on every plan form shall be signed and dated by the surveyor who has made the survey.

98. Authentication by Director

The Director may refuse to authenticate any plan submitted by a licensed surveyor which, in his opinion, has
been drawn carelessly and untidily, or is received by him in a dilapidated or damaged condition.

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5 DEED PLANS
5.1 DEFINITION OF 'DEED'

A deed is a written instrument that describes the assignment of rights that are owned" and the geographical
limits of the assignment.

A deed is not the same as a tittle, although the words are often used interchangeably. Every deed must
communicate what rights are owned and where the boundaries or limits of those rights are.

An example of a deed is a sale agreement which is just an evidence of an action but not enforceable by law. A
title on the other hand is a legal document guaranteed by the Government, that the bearer of the title is the
owner of a real property.

5.2 DEED PLANS

The survey plan is not an end in itself, but only the means of illustrating the portion of land to be the subject of
a transaction. The survey has defined the shape, position and area required, but these can be illustrated in a more
simple form without showing the technical details, which appear on the survey plan, of how that information
was derived, but only the information itself. To do this, a deed plan is drawn. This is, wherever possible., a
direct tracing from the surveyors original plan, but showing only the property boundary with the lengths
and bearings of the various parts, the gross area, the areas, if any, reserved from the title, for example roads
and the net area. The locality information shown on the survey plan is repeated at the head of the Deed Plan,
and the scale and the L.R No. are given.

5.2.1 Contents of a Deed Plan

In general, a Deed Plan contains the following information.

a) District
b) Locality
c) Meridional District
d) Scale of the plan
e) Land Reference number
f) Subdivision or section Number
g) Area
h) The plot or land drawn and edged in red and the adjoining plots or lands (abuttals)
i) Signature for the Director of Surveys
j) Date and Deed Plan number

The Deed Plan is checked and signed, and embossed with the seal, of the Survey of Kenya. Deed Plan are
prepared in pairs, one to be issued, to be included in the title while the other remains as the office copy.

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5.3 TYPES OF DEED PLANS

There are 17 types of Deed Plans prepared for various land transactions. All the Deed Plan are the same but
prepared specifically for the purpose of the given transactions.

1. New Grant (Deed Plan)

This is a direct grant from Government to an individual. On receipt of the letter approving the survey plan by
the Director of Surveys, the Commissioner of Lands request for the Deed Plan.

This request is contained in a proforma called "indent" which must among other details, indicate that the survey
fees has been paid. When the indent is filed in the respective file, the next available number of Deed Plan is
given from the Deed Plan Register. The Deed Plan is prepared by tracing the plot from the approved survey
plan.

When signed and stamped with the Survey of Kenya Official Seal, the Deed plan is forwarded to the
Commissioner of Lands to be attached to the Title. When the registration is completed in the Lands Registry the
Title Deed is now ready and may be issued to the allottee.

The office copy of the Deed plan together with the survey plan are filed in their respective cabinets

2. Extension of Lease (DP)

When the term lease is nearly over an individual may apply for an extended period.

3. Change of User (D.P)

From agriculture to commercial or residential or the vice-versa.

4. Consolidation (D.P)

To consolidate two or more properties provided the leases are co-terminus (lease terms are ending at the same
time).

Combination of two or more registered properties by surrender and new grant. When there is one registered
owner of two or more plots, which are adjacent to each other, the owner prefers the owner prefers to have one
title rather than two or more. This is done by surrender and regrant provided the leases are co-terminus.

5. Conversion (DP)

The lease is converted from 99 years to 999 or vice versa

6. Transfer (DP)

Subdivision with the aim of selling a portion.

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7. Surrender (D.P).

When an individual surrenders part of land to the government, sometimes given as a condition for further
transaction, e.g. surrender of a strip of land to the government for the purpose of widening of the road as a
condition of subdivision.

8. Transfer surrender (DP)

To transfer from an individual to another and surrender back to the government.

9. Remainder (D.P)

Prepared to show the residue after portions have been sold, excused or transferred.

10. Acquisition (D.P)

Prepared to show part of land to be acquired by Government for public purpose.

11. Deed of Resumption

Land to be resumed by Government for purposes of a Railway reserve passing over a registered private
property.

12. Combined Certificate of Title (D.P)

Prepared for the instrument of combining two or more properties held by one person, under one title, but cannot
be consolidated since the terms are different.

13. Agreement (D.P.)

This is usually prepared for adjacent neighbours to show an agreement e.g., "the boundary is no longer the
median of a swamp" but a canalised channel.

14. Mortgage (D.P.)

This used to be prepared for purposes of securing a loan.

15. Covenant (D.P.)

This was prepared to show how two properties were tied by covenant: when the property was freehold and the
other leasehold.

16. Certificate of Title (D.P.)

Only found in the office of th Recorder of Titles in Mombasa Under L.T.A. No measurements are shown on this
Deed Plan.

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17. Deed of Variation

This is prepared for rectification of Title Under the Government expense, where land has been registered
without showing roads, riparian reserve or trig. Station reserve. Such a Deed Plan will show the position of the
reserve only and will not necessarily show details of the land where the reserve is to be made.

18. Easement (D.P)

This is prepared to show water pipelines, telephone lines, electric lines etc. passing over a registered property.

19. Certified True Copy of Deed Plan


a) A certified true copy of a Deed Plan can be prepared if the original got lost before it was registered in
the lands office. The following conditions will apply before a CT.C. is issued;
b) A formal application to the Director of Survey requesting for a C.T.C., explaining the circumstances
under which it got lost.
c) A signed affidavit from an advocate to confirm that such a Deed Plan is actually lost or misplaced and
cannot be found or traced.
d) A professional undertaking that the original Deep Plan will be released to Director of Survey for easy
cancellation if ever it is found.
e) If the title gets lost after registration at the lands office, then no C.T.C can be issued, but a provisional
copy of the title can be prepared in the land office after paying the necessary fee (of about Ksh.50/-).

5.4 PROVISION OF SOME LAND ACTS ON THE DEED PLANS


5.4.1 The Government Land Act (G.L.A) (Cap 280)

States that every document shall have attached to it an accurate and clear description of the property and its
boundaries, extent and situation. Any document which has a map or a plan attached to and not signed by the
Director of Surveys, shall not be accepted for registration.

5.4.2 The Registration of Titles Act (R.T.A) (Cap 281)

State that any proprietor of land intending to transfer or otherwise deal with a portion of land, must deposit with
the Commissioner of Lands a map or plan with several measurements marked thereon, certified by a
Government or Licensed Surveyor and counter signed by the Director of Surveys

5.4.3 The L.T.A. (Cap 282)

Requires every document to be registered to have a Map or Plan signed by the Director of Surveys, and the
property to be defined. The plan to be attached to any instrument under these 3 Acts is therefore a Deed Plan

5.5 SURVEY REGULATION GOVERNING PREPARATION OF DEED PLANS

99. Deed plans to be drawn on special forms

(1) Deed plans shall be drawn in waterproof ink on such forms as the Director may require, and shall be used by
every surveyor.
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(2) Licensed surveyors shall pay to the Director the cost price of any forms supplied to them by the Director.

(3) Deed plans for initial grants of Government land shall normally be prepared by the Director.

(4) Printed deed plans may be used in such circumstances as the Director may decide.

(5) Except where the contrary is expressly stated in the documents of the case issuing from the Commissioner
of Lands, deed plans for the purpose of surrender, regrant, change of user, or consolidation, may be prepared
by a licensed surveyor.

(6) Regulations 44(4), 87, 88, (3), 90(1), and 98 of these Regulations shall apply to deed plans.

(7) The director shall specify the quality of the deed plan material to be used.

100. General rules for deed plans

All deed plans shall be drawn in accordance with the requirements of the Director.

101. Numerical data

The Director shall specify the nature of the numerical data to be shown on the deed plan.

102. Topographical features

Topographical features and details of development, except as prescribed by regulations 44(4) and 88(3)
shall not be shown on deed plans.

103. Abutting boundaries

Abutting boundaries shall be shown in the manner laid down in regulation 91 of these Regulations.

104. Areas

(1) Areas shall be shown in the manner specified in regulation 92(4).

(2) When two or more properties are combined in one Certificate of Title, the total shall be given as in
regulation 92(4) (a) and (b), and beneath such total each area must be tabulated separately as follows-

L.R. No. ........................................ area ........................................ ha. (approx.)

L.R. No. ........................................ area ........................................ ha. (approx.)

L.R. No. ........................................ area ........................................ ha. (approx.)

Total area.............................................................. ha. (approx.)

(3) All the areas shall be quoted to the precision for the total area by regulation 84 of these Regulations.
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105. Erasures and corrections

(1) No erasures shall be made on a deed plan.

(2) Corrections shall not exceed three in number on any one deed plan, and shall be effected by scoring through
the incorrect letter, word, or numeral.

(3) Such corrections shall be initialed by or on behalf of the Director and not the surveyor.

106. Locality index number

The general locality of any plot of land shall be given by reference to the nearest urban area or railway station
and to the standard topographical sheet.

107. Name of surveyor

Deed plans prepared by or on behalf of a licensed surveyor shall have his name printed on the bottom left-hand
corner of each copy.

108. Authentication

(1) Deed plans shall be prepared in duplicate.

(2) One copy shall be authenticated by bearing thereon the signature of the Director or of a person authorized by
him, together with the date of signature. The other copy shall bear the printed name of the person who signed
the authenticated copy, together with the date of signature and the imprint of the official seal.

(3) The signed copy of every deed plan shall be deposited with the Director, and shall be the official copy, and
the evidence contained in his official copy, read with the authenticated survey plan upon which it has been
based, shall prevail in every case.

(4) The Director may at his discretion prepare and issue a duplicate copy of a deed plan that has been mislaid or
lost. Such copy shall bear the signature of the Director or of a person authorized by him, together with the date
of signature and the imprint of the official seal and the words "Certified True Copy".

109. Cancellation of deed plan

(1) In accordance with section 33 of the Act, any deed plan, which is withdrawn by the Director, shall be
cancelled by him, and evidence of the cancellation shall be the word "Cancelled" inscribed on the deposited
copy supported by the signature of the Director, or of a person authorized by him.

(2) The duplicate and triplicate copies of a cancelled deed plan shall, whenever available, be withdrawn from
the person in whose custody they are kept, and shall be destroyed.

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6 CHECKING OF FIXED BOUNDARY SURVEYS
6.1 INTRODUCTION

The checking of survey plans is carried out in two stages, a preliminary check and a final check. The
Preliminary check deals with the routine work such as field note reductions, and data shown on the plan. The
final check deals with the conduct and transaction of the survey. Preliminary checking entails checking the
following;

1. Plotting of the plan(s)


2. Consistence of the plans and the abuttals
3. Field Notes reductions.

Final checking ascertain that

a) The plan conforms in shape and size with the plan in the allotment
b) The method of complementing the transaction is correct
c) The beacons are placed where they should
d) The survey has been carried out according to the relevant Act
e) The objectives of the Survey has been met
f) The available data has been used and if not why it has not been used
g) The data has been proved to be sound and undisturbed
h) The control is sound and has economically been provided
i) The survey conforms to the surrounding and adjoining works

6.2 PRELIMINARY CHECKING

The various stages of this check is as follows:

1. Plotting of plan.

The co-ordinates must be checked against the final co-ordinate list in the comps noting any point listed in the
computation but omitted from the plan

 Beacon descriptions must be checked against field notes


 Datum co-ordinates checked against their plan of origin
 Plotting of the grid lines and all points plotted must be checked. Once the terminal points have been
checked, onlines can be checked by scaling.
 If a curvilinear boundary has been adopted their plotting must be checked, whether- adopted from old
surveys or newly surveyed. Boundaries adapted from previous surveys must have a reference to their
original plan added
 The plan should have full description of all curvilinear boundaries e.g. "boundary is Centre line of the
river”
 Topographical details shown on the plan must be checked, an independent plot made from the field
notes if it is newly surveyed.

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2. Abuttals
 Abuttals are included in the plan to show the whereabouts of a piece of land in relation to existing
surveys in the area. The plan should reflect a complete and up-to-date picture of surrounding properties.
Reference plans must be compared with the new plan to ensure that no subdivision have been omitted.
 The actual plotting of the abuttals should also be checked

3. Field Notes
 The chain standardization details quoted on the cover page should be checked against the test cards.
 The altitude quoted should be confirmed (from topo sheets or survey manual)
 Measured lengths must be checked for slope correction. Combined sea-level and temperature
correction, and sag correction. If any other instrument is used all necessary, reduction should be
checked.
 Angle reductions should be checked. Any reduction error of more than 10" in meaning bearing
observations should be noted

4. Consistency Check
 The object of the consistency check is to ensure that the mathematical data, i.e. bearings and distances
shown on the plan are consistent with the co-ordinates shown on the plan.
 It must be ascertained that all the required co-ordinates and the boundary data for a consistency check
are quoted on the plan
 The check must be complete, i.e. a logical orderly progress must be adopted to ensure that all boundary
data and Co-ordinates in a large survey are checked.

5. Area
 The area in terms of square feet or square meters must be checked.
 The conversion from square feet to acres or from square meters to hectare must be checked.
 Curvilinear areas are checked using planimeters.
 The requirement of Regulation 84 of the Survey Regulations must be observed.
 When any area is sub-divided, the sum of the areas of the individual plot must always add up to the area
of the original property.

6.3 FINAL CHECKING

At this stage Final checkers” are expected to give a reliable opinion on whether the survey should be approved
or rejected. Checkers use a red ink pen to make corrections on survey computations, survey plan(s) and
reductions to field notes (not field observations). All corrections made by checkers must be countersigned.
Errors detected and other comments made at the preliminary checking stage are assessed and decision made on
their effect on the approval of the survey. The following details are checked:

a) Transference of the data from field notes


b) Datum used and details of new triangulation and traverse control
c) Comparison of old and new surveys
d) Basis for reestablishments
e) General remarks
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6.3.1 Transference of data from field notes

This is done to ensure that data used in survey computations had been transferred correctly from field notes. If
significant errors are detected in reduction of field notes or in transference from field notes to computations,
corrected measurements are incorporated into the computations to assess the effect of the errors on the survey as
well as the positions and placement of survey beacons.

6.3.2 Datum used and details of new triangulation and traverse control

Emphasis is placed on reliability of the points that are used as control for the survey and the surveyor is
expected to prove, by the field measurements, that points used for data are correctly identified and in their
correct positions. The checker ensures that standards of accuracy that are specified in Survey Regulations and
the Survey Manual are attained in the survey or a good explanation has been offered, if that is not possible.

6.3.3 Comparison of old and new surveys

The final checker is expected to verify if the surveyor has considered existence of different survey systems and
has “harmonized” various survey plans, if there was need for such action.

6.3.4 Basis for reestablishments

Where it is necessary for reestablishment of missing beacons to be done, field notes, computations and he
surveyor’s report are expected to show that specifications in Survey Regulations have been followed.

6.3.5 General Remarks

The final checker is expected to comment on the purpose of the survey, if there was need for any reservations to
be made by the surveyor (for new grant surveys) and to give his opinion regarding conformity of the survey to
the conditions of approval. The final checker verifies the authenticity of the development approvals using the
copies of letters of provisional and final approval that usually sent to the Director of Surveys, by various
approving authorities. The checker then confirms details that are relevant to the statute applicable for
registration of properties appearing on the survey plan(s) and then makes arecommendation for approval or
rejection of the survey.

6.3.6 Object of Surveys

The Final checker has to ascertain the object of the surveys. This should be included in the letter that approved
the purpose of survey. This could be

a) New grant surveys,


b) Subdivision,
c) Consolidation,
d) For registration of an easement,
e) Compulsory acquisition for public purpose,
f) sub-lease or
g) Re-establishment of boundary beacons
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6.3.7 Transaction

Nearly all land transactions that involve surveys and the preparation of new deed plans or amendment of the
RIM require the approval by some authority or other. The letter of authority should be examined to ensure that
the survey was carried out properly for the purpose of transaction. The track record of the transaction should be
checked.

6.3.8 Method of Surveys.

The final checker first examines the preliminary check to ensure it is complete, and to take action as required,
taking note of the comments made by the preliminary checker. Then follows the mathematical check of the
survey based on

a) Data: The data on which the survey is based, i.e, has the surveyor used the best available data, if not is
there any valid reason? and has the data been proved to be sound and undisturbed?
b) Control: the checker should be certified that the control traverse and or the triangulation are soundly
observed and computed
c) Theoretical layout: If the preliminary check has been correctly carried out, a theoretical layout is self-
checking. However the checker should check for road alignment, secants and conformity with
surrounding or adjacent work
d) Placing: The placing and check of the placing should be checked to ensure that all beacons are correctly
placed to within acceptable practical limits. All placings should be adequately checked and the check
must be demonstrated.
e) Beacon re-establishment; re-established beacons should be checked just as a newly placed beacon. If the
data is revised during re-establishment purpose must be logical and intelligent

A plan that has been checked in this manner is ready for approval.

6.4 AUTHENTICATION

This is the final stage in checking of the survey and the required approval or rejection to the survey is given at
this stage. Comments and recommendations by preliminary and final checkers are considered to determine if the
survey should be approved. Transactions involved in the survey are examined, and the Commissioner of Lands
and the Licensed Surveyor who submitted the survey, are informed in writing, about approval of the survey and
checking fees to be paid. If the survey is not approved, it is returned to the surveyor who executed it with
adequate explanation as to why it could not be approved, and action that should be taken to rectify the errors in
the survey.

Section 33 of the Survey Act gives the following reasons for withholding of approval to a survey, or for
cancellation of an authenticated plan, in cases where registration has not been effected: -

a) That the plan is found to be inaccurate arising from an error or omission in the survey

Prepared by: Martin Murimi 48


b) The plan does not conform to the terms and conditions subject to which permission to subdivide the land has
been given

The letter of notification of approval of the survey contains the new plot numbers, assessed survey fees (if
survey done by the Director), checking fees, deed plan fees (for registration under Registration of Titles Act) or
Registry Index Map amendment fees (for registration under the Registered Land Act). The total fees payable,
which must be cleared before the Director can affix the Official seal on documents for registration, is also
indicated.

The Authenticator reads the comments by the checkers, studies the transactions and the job execution and
decides whether it is in order or not. If not in order, it is returned for further fieldwork and if in order, it is
approved. He also checks the following:

6.4.1 General Routine

a) Area of jurisdiction of approving authority: This is casually checked to ascertain that the authority that
approved the transaction did not overstep their bounds, e.g. the domain of the local authority, the
divisional land control board, the central authority or any other authority.
b) Conformity with the head title (original parcel): Any restriction that appear on the head title such as trig
station reserves, riparian reserves etc. must also appear on any sub-division of that property. It should be
ascertained that the survey in question falls within the head title, and does not overlap onto an adjoining
property.
c) Conformity with requirements of the Survey Act and Regulations:

6.4.2 Plan Details:

It should be made sure that before a plan is approved it is correct in every detail. Colour border should be shown
as required by the survey manual. The locality of the survey should be ascertained. It should be ascertained that
the survey has been carried out under the appropriate Act (RLA or RTA). A plan that has been checked in this
manner is ready for approval

6.5 OTHER PROCESSING

After authentication of survey plans, field notes and computations are scanned and copies stored in digital form
as backup for hardcopy plans. During data entry in the computer, duplication in numbering of survey records is
detected and the Authentication Officer is informed of any need for correction on letters of approval that he may
have sent. Once data entry is completed, plans for surveys under Registration of Titles Act are taken for
charting on cadastral survey index plans, before being stored in the plan room. All other records are taken for
storage in the appropriate locations.

6.6 INDENTING FOR DEED PLAN AND AMENDMENT OF RIM

Once the plan is approved and authenticated, The Commissioner of Lands is then informed accordingly so that
he/she may indent(request) for the Deed Plans if under RT.A or the Chief Land Registrar to ask for
amendment of R.I.M if the act is R.L.A.

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7 FIELD PRACTICE AND PRESENTATION OF GENERAL BOUNDARY SURVEYS
7.1 ADJUDICATION
7.1.1 Definition.

Adjudication is the process whereby the existing rights and interest in a particular parcel of land are finally and
authoritatively ascertained

It is a prerequisite to registration of title and to land consolidation and redistribution.

The process does not alter existing rights or create new ones, it merely establishes what rights exist, by whom
they are exercised and to what limitations if any they are subject, as such, it should introduce certainty and
finality into the land records. Unfortunately in areas of customary tenure where the manner of holding of rights
in land may be undocumented and uncertain, distortions in the land ownership pattern have sometimes been
introduced. The trusteeship of land has always been misunderstood for outright ownership

7.1.2 Selection of Adjudication Section

The process of adjudication, depending on the size of the area and the complexity of the land ownership pattern,
takes many months to complete.

Some principles for the criteria for selection of places to be brought under adjudication are:

 priority to areas where land reform programmes are being carried out,
 where Government is intending to dispose of its land,
 where litigation over land is frequent or disputes and uncertainty to the ownership are holding back
development,
 where there is need to guarantee credit
 where land values are high or there is cultivation of valuable and permanent cash crops,
 where there is an increasing number and complexity of land rights, or
 where it is intended to introduce or improve the basis of tax collection,
 Political expedience may also need to be considered (this normally the case).

7.1.3 Adjudication Team

When an area has been declared an adjudication area, the minister in charge of lands and settlement appoints a
Land Adjudication Officer, who in tum appoints a Demarcation Officer, a Survey Officer, and a Recording
Officer, their duties being;

a) Adjudication Officer: In general control and supervision over the adjudication and registration of the
adjudication area and may appoint officers as he deems fit
b) Recording Officer: The Recording Officer makes a record of the adjudicated right of all the parcel
c) Demarcation Officer: Once the rights and ownership of a parcel of land has been established, the
Demarcation Officer marks out the limits of the parcel, where fences, hedges, or any appropriate
physical feature need to be planted.

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d) Survey Officer: With the boundaries agreed on, the Survey Officer, carries out the survey of the area
to be able to prepare a map of the area with the relative positions of the parcels. This forms the basis of
registration

7.1.4 Adjudication committee and the Arbitration Board

The Adjudication officer also appoints a Committee of not less than 25 persons in every adjudication section
who adjudicates upon and determine in accordance with African customary law the claim of any individual
person to any right and interest in any land within the adjudication section.

The Minister appoints an Arbitration Board, which considers cases, which may not be resolved by the
committee.

7.1.5 Adjudication Process

Once an area is selected and gazetted, the adjudication programme must be publicized by announcement
over the local radio or in the local press and public meetings to explain what is happening. It is essential
that the landowners have an understanding and confidence in what is going on, for without their co-operation
the adjudication process will fail. They should know the date and time their land will be visited by the
adjudication team so that they can prepare and present the necessary evidence. At the appointed time they
explain their claim and the adjudication officer's decision on it will be recorded by the Recording Officer.
If the boundaries are determined concurrently, they will need to be demarcated and, at the earliest time possible
subsequent date, surveyed. If there is too much delay, the Survey Officer may not be able to relocate the
boundary beacons.

7.1.6 Survey process

Once the rights in parcels of land within an adjudication section have been ascertained and the Recording
Officer has made the records of the existing rights in accordance with the findings of the Committee
appointed by the Adjudication officer or by an Arbitration Board appointed by the Minister, the Demarcation
Officer marks out boundaries on the ground where there is no hedge and cause the land owners to plant hedges
along the boundary lines to define their boundaries. The boundaries are picked either by aerial photography or
by ground method.

The map resulting from the survey is the Demarcation Map, and together with the Adjudication Records form
the Adjudication Register.

7.2 METHODS OF ADJUDICATION SURVEYS

There are two situation to consider in the survey of an adjudication area. Aerial photographs available and
where aerial photographs are unavailable

7.2.1 Aerial photograph available

In most of the adjudication areas, there has been aerial photography coverage after demarcation and hedges
planted, which are visible on the photographs.
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In areas where the Land Adjudication Act applies after the ascertaining of the rights on every parcel of land
and disputes settled, the owners are made to plant hedges along the boundary lines and a period is given after
which the area is flown.

In areas where the land Consolidation Act applies, i.e. areas where there is need to consolidate fragmented
pieces of land owned by an individual into one economic piece, the" after the ascertaining of the rights, the
demarcation officer (surveyor) by ground survey methods, survey and plot the various fragments of parcels
of land, the area being computed for every fragment, after which a re-planning of the area is done on paper
where a Land owner is given a single. (As much as possible) parcel of land efforts made to maintain the total
area of his parcels of land (the area may be less as access roads has to be included). The Demarcation Officer
demarcates the limits of each parcel on the ground and the landowner given a period within which he has to
plant a hedge around his parcel of land. The area was flown. What remains is the field completion

For boundaries which the hedges may have grown after the photography hence does not appear on the
photograph or are simply not clear,, the surveyor shall make out measurements using linen tapes, cadastral
chain or any distance measuring equipment to be able to plot them on the photo enlargement. Since the survey
is not rigorous, there are not much reductions made as the distances are from direct ground taping.

From the enlargement with the boundaries drawn, a Preliminary index Diagram (P.I.D) is drawn by tracing out
the boundaries just as they appear on the photo enlargement and marginal information added. In other cases
a Registry Index Map (RIM) is made from the field data

7.2.2 Aerial photographs unavailable

The area has not been flown but the rights and interests have been established for the parcels of land in the area
or the aerial photography does not represent the existing boundaries as it was taken many years back or the area
was left out during earlier adjudication process and is uneconomical to fly.

In this case, the survey is usually carried out by compass survey, which is sufficient. More accurate surveys
methods such as traverses may be used to provide the overall control but does not need to be a standard
traverse, however, for the purpose of tying it to some reference, a base map with identifiable features may be
used start of the work, or the work can start from some control point.

The parcel boundaries are picked by offsets or any appropriate method that may allow them to be plotted. Since
this ground method is taxing, the boundary lines are made as straight as possible to avoid picking so many
corners of the same plot. The map drawn from this, is the Registry Index Map.

7.3 REGISTRY INDEX MAP (RIM)

A Registry Index Map is a map that gives the index for the parcels in a registration block, for the purpose of
registration of land under Registered Lands Act. The parcels of land as they appear in the RIM are not
guaranteed as to their extent. The RIM was introduced to allow for fast registrations without the need of
rigorous, expensive, time-consuming surveys, the standard which is stipulated in the survey act The record of
land together with the RIM form the registry. The RIM is referred to in the register of every parcel of land , the
subject of registration.

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7.3.1 Purpose of RIM

The RIM generally gives the location or position of a parcel of land relative to the neighboring parcels. The
survey, though of relaxed standard, depicts the shape and size of the parcel including the areas; the areas of the
parcels are however not indicated in the RIM but included in the register of the individual parcel of land

7.3.2 Preparation of

The RIMs are made in several way

From rectified photographs or from the controlled (albeit relaxed) ground surveys.

1. From rectified photographs.

Once an area has been flown, the boundaries can be marked on a rectified photograph. A rectified photo is one
where the aircraft tilt, swing and yaw errors have been eliminated and an Ortho-photograph made, which caters
for scale variations at the edges of the photograph. The tracing of boundaries from such a photograph would
constitute a Registry Index Map.

2. From Machine Plots.

Boundaries are usually traced on enlarged un-rectified photos. After photography, a machine plot can be made
of the area including the boundary lines. A tracing of boundary lines from this machine plots would also
constitute an RIM.

3. Survey from base maps.

The usual case is to use a machine plot usually at a scale of 1:2,500 as a base map, and using compass survey
pick the boundaries of the parcels of land and plot them on a field sheet at this scale. A tracing is made from this
field sheet and with other relevant information added, constitutes an RIM.

4. Controlled Ground Survey

In some situations such as survey of group ranches, the ranches (or farms) are controlled normally.
The subdivision of the ranches is done from co-ordinates tied to the national grid. The plotting of this on
standard sheet size constitutes an RIM.

7.3.3 Standard RIM

The RIM is drawn on a standard sheet line, tied to the 1:50,000 map sheet series, broken down to l: 2,500. The
RIM is drawn at a standard scale of l: 2,500

The base map (machine plot) used in the field (field sheet) has corner co-ordinates given in the required co-
ordinate system (UTM or Cassini Soldner).

The index to the adjoining sheet is thus regular but covers the whole registration block.
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7.4 PRELIMINARY INDEX DIAGRAM (PID)

When the parcel boundaries are drawn on an enlarged, unrectified photo and a tracing made directly from these
unrectified photos, the result is called the Preliminary Index Diagram

The PIDs were meant for registration of land while the rectification of the photo and a finer and a more accurate
work was to follow latter. However this was not done for most of the areas and the PIDs remain as instrument
of registration and a basis for further subdivision, with all the errors inherent in the photography. The
registration is unique with every registration block.

7.5 MUTATION SURVEYS


7.5.1 Definition

Mutation surveys are surveys under the provision of the Registered Lands Act, carried out on a parcel
registered under the act which need to be changed in shape or size. This could be:

 Sub-division of a parcel to two or more parts


 Combination of two or more contiguous parcels registered under the same proprietor subject to the
same rights and obligations and
 Re-parcelation - changing the layout of contiguous parcels by the consent of the proprietors.

The procedure of carrying out these surveys is enumerated below. The procedure below is given for subdivision
but is applicable for all the other mutation surveys.

7.5.2 Procedure for carrying out mutation surveys:

1. Consent for Subdivision

Under the provisions of the Land Control Act, all transactions on land need to be controlled by the
relevant authorities, depending on the type of tenure, and land use. Most of the freehold land is registered under
the RLA and are under the general boundary surveys. These lands are generally controlled by the Land Control
Boards (which could be Divisional, District or Provincial). Any sale, transfer, subdivision, or any other
transaction in land under its jurisdiction has to be given consent by the board; otherwise, the transaction is
deemed null and void. Other authorities that give consent on land transactions are; the Commissioner of Lands,
the Local Authorities and the Central Authority.

2. Search for RIM

Before a survey can be carried out the RIM which the parcel of land the subject of survey is included is
searched for. Some of the RIM are at the Nairobi Field Headquarters while others are decentralized and can
be found at the Provincial and District Survey offices. The full parcel number is in the form
District/Division/location/Sub-location/Block/Parcel No. With this information then parcel can; be traced
from the copy of RIM.(It is illegal to trace a parcel from the RIM. A private surveyor, or a client has to get a
dye-line print of the RIM to trace the parcel boundary from.

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3. Completion of the mutation form
 Sketch plan: the client makes a sketch plan of the proposed subdivision which is to be executed by the
surveyor. (This is normally done by the assistance of the surveyor).
 areas: the areas of each parcel that is to result from the sub-division is also indicated
 other details: other details such as the name(s) and details of the registered proprietors are also filled in
by the client

4. Survey as per the sketch plan.

The surveyor, by means of linen tape or steel band carries out measurements and marks points that form
intersection of boundaries as shown in the sketch plan. The new boundary lines as pegged on the ground are
drawn on a plan which is to scale (Normally 1:1 traced from the RIM on a tracing paper. The new boundary line
being drawn in red.) The mutation forms are again filled with the plan of the survey as executed on the ground
with dimensions inscribed along the boundary lines.

5. The mutation forms are registered at the District Survey offices, where the mutation is checked and numbers
given for the new parcels generated. The Mutation is preliminarily approved at this stage since the District
Surveyor is the checker before it is finally accepted.
6. The Client is advised to physically mark out the boundary lines on the ground as pegged by the
surveyor, by planting of hedges, fences, walls or any other mark that shall define the boundary.
7. The client presents his application for registration of the sub-division to the Land Registrar with copies of
the mutation form approved by the District Survey Office.
8. Amendment of the RIM

Once the Subdivision is registered, a copy of the mutation form is used to amend the Registry Index Map at
the Survey Field Headquarters to include the subdivision with the new parcel numbers. A copy of the new
edition of the RIM is then sent back to the District. Before the Amendments are done, the areas as shown on the
mutation forms are re-computed.

7.6 PROVISIONS OF LAND ACTS ON CONDUCT OF GENERAL BOUNDARY SURVEYS


7.6.1 Provisions of RLA

Section 18- provides that the Director of Surveys shall prepare and maintain a map or series of maps, to be
called the Registry Index Map for every registration district.

Section 21- except where a boundary has been fixed as provided in section 22 of the act, the registry map
and any field plan shall be deemed to indicate the approximate boundaries and the approximate situation
only of the parcel

Section 23 - Every proprietor of land shall maintain in good order the fences, hedges, stones, walls and
other features which demarcate his boundary, whether established pursuant to the requirements of any other
written law or pursuant to an order of the registrar or of the proprietor's own accord.

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Section 25 - The proprietor of contiguous parcels subject to the same rights and obligations, may combine
these parcels by applying to the Registrar who will close the register or registers relating to them and opening
a register or registers in respect to the parcel or parcels resulting from the combination.

The proprietor of a parcel may apply to the registrar for the division of his parcel into two or more parcel.
The Registrar shall effect the subdivision by closing the register relating to the single parcel and open new
registers in respect to the parcels resulting from the sub-division, provided that no parcel under lease shall be
subject to sub-division.

Section 26- on application of the proprietors of contiguous parcels who are desirous of changing the layout
of their parcel, and with the consent in writing of the other persons in whose names any right or interest in
the parcels is registered, the Registrar may Cancel the registers relating to those parcels and prepare a new
registers in accordance with the revised layout so long as the proposed reparceliation would not involve
substantial change of ownership which should be affected by transfers. The Registrar in his discretion may
refuse to effect the reparceliation. The new parcels shall vest in the persons in whose names they were
registered.

7.6.2 Provision of Land Consolidation Act (LCA) Cap 283

Section 6: The Adjudication Officer shall appoint a Demarcation Officer (who is essentially a surveyor or a
Survey of Kenya personnel working under the supervision of the District Surveyor)

Section 21: This section provides for consolidation of small fragments of parcels owned by one land owner into
one. During this process the Adjudication Committee, in making allocation to landowners in an adjudication
section , shall have regard, as far as possible, to the site, quality, nature and extend of land to which each
land owner was entitled, to the intent that so far as possible equality of exchange shall be achieved, having in
mind that any land set aside for the needs of the community and any detriment caused by such setting aside
shall be divided equally among the land owners within the section.

Section 23: (1 ) This provides for demarcation. The Demarcation Officer, with the assistance of the
Committee shall demarcate or cause to be demarcated by such means or in such manner as he may direct the
boundaries of all the parcels of land within an adjudication section in accordance with the Records of the
existing rights or with any allocation of land made under section 21 of the act, as the case may be.

(2) He may order any landowner to whom land has been allocated, within a reasonable time set by him to
demarcate his land, and for the purpose of such demarcation to erect or plant or to remove such boundary marks
as he, the officer, may direct

(3 & 4) If the landowner fails to demarcate his land within the given period, the Demarcation Officer may
demarcate cause to be demarcated the boundaries of the land and may clear any boundary line and the cost
borne by the landowner.

(5) The Demarcation Officer shall prepare or cause to be prepared a Demarcation Plan of the adjudication
section, showing the separate parcels into which the same is divided.

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8 MISCELLANEOUS
8.1 DIFFERENT TYPES OF FIXED BOUNDARY SURVEYS IN KENYA

Section 22 of the Survey Act (Cap 299, Laws of Kenya) defines surveys which, may be carried out under the
Act. These include all the surveys which relate to registration of transactions in land or of title to land, except
first registration to land made under the provisions of the Land Adjudication Act or the Land Consolidation Act.
The Survey Act deals with execution of fixed boundary surveys, which usually involves coordinating corner
beacons of every plot except in cases where curvilinear boundaries are surveyed. All fixed boundary surveys
must be checked and approved by the Director of Surveys before title to land can be issued. If beacons are lost,
they are re-established in their original position by qualified surveyors.

8.1.1 Statutory perspective

From a statutory perspective, fixed boundary surveys in Kenya include: -

1. New grant surveys for land allocated by the Commissioner of Lands under the Government
Lands Act (Cap 280). These grants are registered under the provisions of the Registration of Titles Act
(Cap 281). In urban areas where the Registered Land Act has been applied (e.g. Mombasa Island, Thika)
new grants are registered under that statute.
2. Surveys for setting apart land in accordance with the Trust Land Act (Cap 288) in areas of Trust Land
where neither Land Consolidation Act nor Land Adjudication Act have been applied. These surveys are
most commonly registered under provisions of Registration of Titles Act.
3. Surveys executed at the Coast at the request of the Recorder of Titles after he has adjudicated claims
under the provision of the Land Titles Act (Cap 282). These titles may be registered under Registration
of Titles Act or the Registered Land Act.
4. Fixed boundary surveys under Section 22 of the Registered Land Act.

8.1.2 Operational perspective

From an operational perspective, fixed boundary surveys in Kenya may be classified as follows:

1. New grant surveys: These are surveys that are carried out following allocation of new grants of land by
the Commissioner of Lands and support transfer of land from the public to the private domain.
2. Subdivision, partition and amalgamation surveys: These surveys result in changes to existing
properties. In both subdivision and partition surveys, a single property is split into two or more
properties. Amalgamation surveys involve combination of two or more properties into a single property,
generally resulting in fewer properties. In Kenya, the term “Amalgamation” is used under the
Registration of Titles Act, while “Combination” is used for properties under the Registered Land Act.
3. Triangulation and Standard Traverses: These control surveys provide accurate control network on
which cadastral surveys may be based, and involves setting up of new trigonometrical stations or
traverse stations. In recent times GNSS1 is progressively replacing triangulation and trilateration as a
method for establishment of control networks for cadastral surveys.
4. Extension of lease surveys (resurveys): These surveys facilitate “Extension of Lease”, by the
Commissioner of Lands, for leases from the Government that are about to expire. According to the
Ministry of Lands (2008), Banks and other Financial Institutions do not give loans on leases with
Prepared by: Martin Murimi 57
unexpired term of less than 45 years. These surveys are “resurveys” of existing boundaries and
may involve reestablishment of any lost monuments.
5. Reestablishment surveys: The main purpose of these surveys is to identify lost or missing property
boundaries and replace any missing beacons.
6. Miscellaneous surveys: These may include “River Surveys” (where the course of a stream or river is
surveyed, especially in instances where these features also act as property boundaries. Miscellaneous
surveys may also include surveys of a topographical nature that impact on the rights in a title, such
as easements and encroachments

8.2 SECTIONAL PROPERTIES

In response to increasing demand for title in urban areas, the Sectional Properties Act (No. 21 of 1987) was
enacted to enable procurement of title to properties which are not on the ground level (e.g. flats). This particular
Legislation uses a combination of fixed boundary and general boundary survey techniques. The perimeter of the
particular plot is usually surveyed to standards that are required for fixed boundary surveys but positions of
buildings and other topographical features within the plot are surveyed to enable accurate plotting of the
features at the scale of the plan. The Sectional Plans in Kenya (known as Strata Plans in countries such as
Australia) consist of at least two sheets. The first sheet is the Building and Site Location Plan and is followed by
a series of Floor plans (whose total number depends on the number of units in the particular property).
Currently, registration of sectional properties is carried out under the provisions of the Registered Land Act,
1963.

8.3 OTHER TYPE OF BOUNDARY IN KENYA


8.3.1 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.

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8.4 THE LAND TENURE SYSTEMS IN KENYA

Kenya operates five main land tenure systems: the Public Tenure, Private Tenure, Customary Tenure, the
Informal Tenure and the Ten-Mile Coastal Strip. While the customary tenure dominates most of the rural lands
in Kenya, the private and public tenure systems control land in the urban areas. The informal tenure is dominant
in the urban areas as well as in several large scale farms in the country in the form of squatters. The Ten Mile
Coastal Strip is found only in the coastal area of the country and has the longest history of all the tenure systems
in Kenya.

8.4.1 The Public Land Tenure

According to the Sessional Paper No.3 of 2009 public land comprises all that land that is not private land or
community land, or any other land declared to be public land by an Act of Parliament. Currently, any surveyed
public land is registrable under the Permanent Secretary for the Ministry for Finance.

All public land were originally, administered under the Crown Lands Ordinance of 1902 and the Government
Lands Act Cap 280 of 1915. These lands were vested in the President of the Republic of Kenya who over the
years had powers to allocate or make grants of any estate, interest, or rights, in or over unalienated government
land. However, with the promulgation of the new Constitution this power is now vested in the National Land
Commission.

To secure tenure to public land, the Government has carried out the following actions; repealed the Government
Land Act and established a Land Registration Act which has taken over all the registration aspects of the GLA,
established a Land Act under the National Land Commission which will identify and keep an inventory of all
public land. Additionally, the National Land Commission will establish the office of the Keeper/ Recorder of
Public Lands who will prepare and maintain a register of all public lands and the related statistics. The National
Land Commission will also establish a Land Titles Tribunal to determine the bona fide owners of land that was
previously public or trust land.

8.4.2 The Private Land Tenure

There are two major forms of private land ownership in Kenya: freehold and leasehold. Most of the land parcels
held under freehold have been created through land adjudication and consolidation or allocation of government
land for private development. At present, freehold land are found in areas where land has been converted from
trust land to individual tenure mainly through the process of land adjudication and consolidation. In Nairobi,
pockets of freehold land are found in areas which were originally owned by the Imperial British East African
Company (the IBEACo)

Leaseholds are interests in land granted for a specific period of time. In Kenya, leases may be granted for 30,
33, 50, 99, 999 and 9999 years. The 99 years and 33 years leases may be granted by the Commissioner of Lands
for urban plots. The 30 and 50 year leases are granted by the Local Authorities. The 999 year leases were
granted to the white settlers in 1915 under the Government Lands Act. At the moment, 20% of land in Kenya is
estimated to be under private tenure system. The 9999 year leases are found in parts of the Coast Province, the
former white highlands and Nairobi area. These are special leases that were granted alongside the 999 years

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leases. The Constitution of Kenya 2010 fixes the maximum time for leases in Kenya at 99 years. Consequently,
all leases with a time-frame above 99 years will be reviewed accordingly.

8.4.3 The Customary Land Tenure

Customary land tenure is the system of land holding and land use which derives from the operations of the
traditions and customs of the people affected. Customary law derives from the accepted practices of the people
and the principles underlying such practices. The most important feature of customary land tenure is the
dominance of community land-right institutions which control how land is used and disposed.

In Kenya, this tenure system refers to unsurveyed land owned by different communities under customary laws.
Being a diverse country in terms of its ethnic composition, Kenya has multiple customary tenure systems, which
vary mainly due to different climatic conditions and agricultural and cultural practices. The tenure system is
currently governed by the Trust Land Act Cap 288 of 1939.

At present, land under customary tenure occupies approximately 70% of the total area of the country and most
of these lands are gradually being converted to private tenure through the process of land adjudication.
Customary tenure systems are generally mixed with other tenure systems in the Group Ranches, the Trust Lands
and the Ten-Mile Coastal Strip. With the promulgation of the Constitution of Kenya 2010, all land transactions
in the Trust Lands will be governed by the new Community Land Act 2013.

8.4.4 The Informal Land Tenure

Informal land tenure refers to a situation where the actual occupation and use of land is without legal basis.
Under this arrangement, groups of people occupy public or private land without the permission of the owner. In
Kenya, such situations normally occur in the urban areas where rapid urbanization outstrips the capacity of the
urban management to deliver sufficient and affordable housing.

The production of low-cost housing affordable to low-income migrants has not kept pace with the spread of the
informal settlements due to; high building standards required by the local authorities, scarcity of land
appropriately zoned for such development, and development of housing biased towards the middle-class and
upper income groups. Available statistics indicate that currently, 60% of Nairobi residents live in the informal
settlements

For a long time, the Law in Kenya did not recognize the existence of this tenure. However, since the
promulgation of the new constitution, informal tenure has been recognized in law and the government has put in
place mechanisms for the provision of secure tenure for the informal settlements through the Kenya Informal
Settlements Improvement Programme (KISIP)

8.4.5 The Ten-Mile Coastal Strip

The Ten-Mile Coastal Strip in Kenya is a piece of land approximately ten nautical miles wide from the high
water mark of the Indian Ocean. It covers an area of 5,480.44 square km and is approximately 536 km long,
stretching from the mouth of River Umba at the Kenya-Tanzania border to Kipini at the mouth of River Tana,
and the Lamu Archipelago.

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The land tenure system in the Ten-Mile Coastal Strip has been dictated by the changing political circumstances
in the area. Under the East African Regulations of 1897, people living in the Ten-Mile Coastal Strip were issued
with certificates of ownership for a term of 21 years in the form of short-term leases. In 1902, land in the Ten-
Mile Coastal strip was considered as government land, and therefore available for alienation under the Crown
Lands Ordinance.

However, without some specific legal process, it was difficult for the government to separate land available for
alienation and private land claimed by the Arabs.

A provision for land claims within the Ten-Mile Coastal strip was therefore made possible in 1908 through the
Land Titles Ordinance; which was specifically enacted to adjudicate the land rights in the area in order to
separate private land from crown land. A land court, consisting of a recorder of titles, a surveyor and
administrative officers was set up to listen to and determine the claims. The duties of the Recorder of Titles
included boundary surveys and the preparation of maps to be attached to the certificate of ownership. The
Surveyor and the administrative officers only received the claims. The process of adjudication was therefore
solely left to the Recorder of Titles.

During the adjudication process, most of the land parcels claimed by the landlords as private property were
actually occupied by the indigenous people. The government is therefore currently faced with a complicated
situation where majority of the indigenous people in the Ten-Mile Coastal strip do not have secure titles to the
land while the absentee landlords, who hold the titles, are not residing on the parcels but are charging fees to the
occupants on what the indigenous communities consider as their ancestral land.

8.5 LAND REGISTRATION SYSTEMS IN KENYA

Land registration system in Kenya is conducted in two main systems: the deeds registration and title registration
systems. The deeds registration system was the earliest form of registration introduced by the Colonial
government towards the end of the 19 Century. The system is governed by Part XII of the Crown Lands
Ordinance of 1902 (repealed in 1910 by the Land Titles Act Ordinance and in 1915 by the Government Lands
Act), the Registration of Documents Act (RDA), Cap 285 of 1901, the Land Titles Act, Cap 282 of 1908, and
the Government Lands Act, Cap 280 of 1915.

Title registration is governed by the Registration of Titles Act (RTA), Cap 281 of 1919, and the Registered
Land Act (RLA) Cap 300 of 1963. More recently, in 1987, the Sectional Prosperities Act No.21 was enacted to
provide ways and means of registering sectional properties including flats. The latest addition to land
registration in Kenya is the new Land Registration Act No 3 which was enacted on 2nd May 2012. The Act is
supposed to revise, consolidate and rationalize the registration of titles to land. It is also supposed to give effect
to the principles and objects of the devolved government in land registration and other related the issues.

The commencement of this Act repeals the existing registration Acts such as; the Indian Transfer of Properties
Act of 1882, the Government Lands Act Cap 280 of 1915, the Registration of Titles Act Cap 281 of 1919, the
Land Titles Act Cap 282 of 1908, and the Registered Land Act, Cap 300 of 1963. In addition to the Land
Registration Act, other Acts which affect land registration in Kenya are the National Land Commission Act No.
5 of 2012, and the Land Act No. 6 of 2012.

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8.5.1 Registration under RDA (Registration of Documents Act)

The RDA was the first registration Act in Kenya. It was a simple deeds registration system introduced in 1901
to register land transactions of the Crown Lands Ordinance and earlier land allocations at the Coast. The Act
required that registration of transactions be effected within six months of execution. A copy of the registered
documents was retained in the registry and an index of names registered was kept. The registration processes
under the Act were not supported by any survey plans hence it was difficult to locate the registered property on
the ground. Under the RDA, the proprietor had to trace the root of the title to the satisfaction of any intending
purchaser.

Initially, registries for the RDA transactions were opened up at Mombasa, Nairobi, Malindi, and Naivasha. The
Malindi and Naivasha registries were closed in 1915 and their records were amalgamated with Mombasa and
Nairobi registries respectively. Two records were established under the RDA system; the “A” register which
was compulsory and the “B” register which was voluntary. The compulsory register recorded all the
transactions in land and immovable property while the voluntary register was used as a public record of any
deeds or other instruments which might be accidentally lost. The Principal Register of Documents administers
this Act.

The RDA is basically an optional registration system where titles are registered as deeds without any supporting
documents such as, survey plans, deed plans. Apart from land documents, the system also registers such
documents as marriage certificates, deed poll for change of name, architectural plans, aerial photographs and
building plans. The government is currently in the process of converting all registration systems into the new
Land Registration Act No. 3 of 2012 which has repealed all registration Acts except the RDA.

8.5.2 Registration under LTA

Under the 1887 concessions, the 1894 and 1897 land regulations, and the 1895 land treaties, it was generally
agreed that all existing land rights of the Sultan of Zanzibar within the ten mile coastal strip, be recognised and
respected by the new colonial administration. The Crown Lands Ordinance did not include these lands as
Crown Land. The Land Titles Ordinance was therefore enacted to facilitate adjudication of land claims within
the ten nautical mile coastal strip. Through this process of adjudication, it was possible to identify land which
was legally occupied and the unoccupied land that could be alienated as Crown land.

The Act provided for the establishment of a land Registration Court presided over by a Recorder of Titles. A
surveyor was attached to the court to define the boundaries of the adjudicated land claims. Upon adjudication by
the Recorders Court, the successful claimants were issued with certificates of title. These certificates, according
to the nature of the title adjudicated, were of three kinds; certificate of ownership, giving a freehold title, a
certificate of mortgage, and a certificate of interest, covering fixed assets on the land, e.g. bore holes, houses or
plants.

8.5.3 Registration under GLA

By 1915, it had become clear to the Colonial government that the Crown Lands Ordinance, with its six pages of
simple provisions, was inadequate to maintain a firm control on land matters as the protectorate developed. The
Government Lands Act repealed the Crown Lands Ordinance of 1902 and authorised the Commissioner of
Prepared by: Martin Murimi 62
Lands to issue 99-year leases for urban plots and 999 year and 9999 year leases for the agricultural land. Under
the Act, registration of grants and transactions is compulsory; and unregistered documents or deeds have no
validity in Law.

The registries at Malindi and Naivasha, set up under RDA, were closed and the registers in these stations were
transferred to Mombasa and Nairobi. The Act is basically a deeds registration system supported by
authenticated survey plans and approved deed plans. Under the Act, three registers were opened: one in
Mombasa and two in Nairobi. One of the registers in Nairobi was for land within Nairobi and its environs while
the other register was for land in the European settlements in the White Highlands.

Titles registered under the GLA are kept in the registry as volumes and folios (pages) of the register, with one
folio being devoted to each parcel of land. Any transaction over the land parcels are supported by indentures.
Registration system under the GLA is either considered as Conveyance or Assignment, depending on whether
the property is a freehold or leasehold. Conveyances are freehold titles while the Assignments are leaseholds
under the GLA. Under this system of registration, the owner keeps the original registration documents and only
copies are kept at the Land Registry; which are then used to prepare an indemnity for the government against
loss, damage or alterations.

8.5.4 Registration under RTA

With the promulgation of the GLA in 1915, the white Settlers started to insist on title registration rather than
deeds registration. Thus, the introduction of the RTA was seen as a culmination for the demand of title
registration since1896. The RTA was therefore enacted principally to provide for a title registration system as
opposed to the deeds registration which was practiced under the RDA, LTA and the GLA.

The Act was modelled upon the Torrens system of Australia and partly on the English Common Law as spelt
out in the Land Registry Act of 1862. According to the Lawrance Mission report, the Act was not well drafted
and by 1927, three separate committees had recommended for its repeal and replacement but the proposal
disappeared due to the desire to have a uniform registration system for the three East African countries.

The Act took over all the previously registered deeds under GLA, or those subject to the certificates of
mortgages, or any other interests issued by the Recorder of Titles under LTA and the RDA. It also applied to all
leaseholds that had been converted from the terms of 99 years since 1902 (or even those of 999 years) to
freeholds, and to any titles converted on a voluntary basis from GLA or LTA to RTA Titles. With the enactment
of the RTA, the disinheritance of the African communities in Kenya, within the framework of colonial Law,
was complete.

8.5.5 Registration under RLA

Prior to the enactment of RLA, the government realized that some form of legal framework had to be
developed to support the land consolidation program already in progress in Nyeri Districts since 1945. The
Native Land Tenure rules of 1956 were passed under the Native Lands Trust Ordinance of 1939 to give the
programme some legal backing. In 1959, the Working Party on African Land Tenure Reforms recommended
the enactment of the Native Lands Registration Ordinance, although its applications had already been adopted
in 1957.
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In 1960, the Native Lands Registration Ordinance was changed to Land Registration (Special Areas) Ordinance.
The registration component of this Act was repealed by the Registered Land Act, Cap 300, of 1963. Parts I and
II were not altered and became the Land Adjudication Act of 1964. In 1968, after the Lawrance Mission Report,
the name was changed to Land Consolidation Act Cap 283 of 1968.

The Registered Land Act (RLA) was enacted to provide a complete code of land registration system in Kenya.
It was the objective of the Government that this statute would eventually replace all the other Acts dealing with
land registration in Kenya. At the time of enactment, the Act superseded the registration provisions of the
Native Lands Registration Ordinance of 1959 and the Land Registration (Special Areas) Ordinance of 1960.
The Act applies in areas where land have been surveyed under the general boundaries (as in adjudicated areas),
areas where land have been fixed under Section 22 of the Act; or areas which are being converted from the RTA
to RLA under the Sectional Properties Act.

8.5.6 Land Registration Act No.3 of 2012

This is an Act of Parliament to revise, consolidate and rationalize the registration of title to land, to give effect
to the principles and objects devolved government in land registration, and connected purposes. This Act has
repealed all the previous land registration Acts in Kenya except the Registration of Documents act. Section 7 (d)
stipulates that parcel files containing the instruments which support subsisting entries in the land register and
any filed plans and documents must be georeferenced.

8.6 CADASTRAL SURVEYING PROCESSES


8.6.1 The Process of preparation of the Part Development Plan (PDP)

Function: Creation of New Parcels

Actors: Minster for Lands, Commissioner of Lands, Local Authority, Director of Survey, Director
of Physical Planning, Permanent Secretary

1. Commissioner of Lands request Director of Physical Planning for preparation of Part


Development Plan (PDP)
2. Request is forwarded through the Physical Planning Department Registry
3. Request forwarded to the Director of Physical Planning for authorization
4. Development Control Section prepares the PDP
5. Technical Section confirms status of the land parcel in the SPRO office and draughts the PDP
6. Development Control Section advertises completion of the PDP in the Daily Newspapers
circulates and receives comments
7. PDP amended where necessary
8. PDP forwarded to the Director of Physical Planning for Certification
9. DPP submits PDP to Minister, through PS, for approval
10. Approved PDP sent to Registry of Physical Planning Department

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8.6.2 The Process of allocation of Government New Grants

Function: Creation of New Parcels

Actors: Minster for Lands, Commissioner of Lands, Local Authority, Director of Survey, Director
of Physical Planning, Chief Land Registrar

1. Various clients apply to the Commissioners of Lands for allocation of plots.


2. PDP is prepared and used for preparation of Letter of allotment under the GLA for Government
land.
3. A Surveyor uses the Letter of Allotment as authority to carry out Title survey and sets out the
parcel on the ground. Subsequently the survey is submitted to the Director of Surveys for
checking and authentication.
4. Director of Survey checks and authenticates (or rejects) the survey. If authenticated, the DoS
request the Licensed Surveyor to pay the checking fees, and submit the Deed Plans for
authentication or RIM for amendment depending on the prevailing land tenure in the area.
5. Director of Surveys signs and seals the Deed Plans or the RIMs and forwards the same to the
Commissioner of Lands for preparation and registration of the grant. In the case of the Local
Authorities, the Town Clerk and the Mayor sign a lease document, which is sent to the
Commissioner of Lands for stamping (on payment of the stamp Duty) and registration.
6. The CoL signs the grant and forwards to the Chief Land Registrar (also referred to as Principal
Registrar of Titles) to register and issues the grant to the allotee after payment of the requisite
fees. If leasehold under the RLA, the allotee also signs the grant (attestation of Title) before it is
registered. Under the RTA, the allotee does not sign the grant. For Local Authorities, the
Commissioner uses the registered Lease Document to prepare a Certificate of Title against the
head Title. Such leases are generally reversionary leases, which expire a few days before the head
title expires.

8.6.3 The Process of Setting Apart of Trust Lands

1. The District Commissioner locates in consultation with the Local Authority identifies the site
to be set apart and organizes for the preparation of a topo map of the site.
2. The plan is endorsed by the Local Authority and a notice of setting apart is given to the
public.
3. The Council gazettes the setting apart notice for sixty days after which if there are no
objections, the Local Authority passes a resolution for setting apart and such a resolution is
gazetted by the Commissioner of Lands for 60 days.
a. After the notice has been published, the District Commissioner requests the Director
of Surveys to carry out a comprehensive cadastral survey of the site for allocation and
title preparation. The Director of Physical Planning uses the final topo-cadastral to
prepare the required PDP.

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b. The Commissioner of Lands uses the signed Part Development Plan to allocate the
land under the Government Lands Act, Cap 280 of 1915. Letter of Allotment is
issued to the allotee with all the necessary conditions. Under the Local Authorities, the
Town Clerk allocates the plot.
4. The District Commissioner thereafter notifies the residents in the area or any other person
who may be affected by the setting apart that the setting apart procedure is to take place. The
District Commissioner, with the assistance of the Land Control Board, invites applications
for compensations
5. The District Commissioner assesses and pays compensations and informs the Commissioner
of Lands of the total amount of the compensations.
6. Those claimants who are dissatisfied with the District Commissioner’s awards or rejection of
their claims are entitled to appeal through him within 30 days of notification of the awards to
the Provincial Land Control Appeals Board and thereafter to the resident Magistrate’s Court
and the High Court under sections 10 (1), 10 (4) and 10 (5) respectively of the Trust Land
Act.
7. Once the setting apart procedure is completed, the Director of Physical Planning prepares a
Part Development Plan which is used by the Commissioner of Lands to prepare a letter of
allotment and the process now follows the same path as direct grant

8.6.4 Contents of the index card

The Card Index contains the following information:-

1. The current land reference number and the original land reference numbers
2. The administrative district in which the property lies
3. The Meridional district for the area (this is done on reference to the standard Kenya map sheet
lines)
4. The location of the survey with respect to the direction from the nearest township
5. The survey plan number (FR No) and the date of numbering
6. Areas associated with the plot. Those would include the gross area, the net area, reserved area
(such as areas for roads and trigonometric stations).
7. Numbers of survey computations, field notes and checker’s report
8. The name of surveyor who executed the survey
9. The deed plan number and the dates that it was signed, the deed plan blue print which was sent
to the Commissioner of Lands, the deed plan which was issued and when the title was registered
10. The file used for correspondence in the Department
11. The land tenure (freehold or leasehold, the length of tenure and the statute under which the plot
is registered).
12. Indication whether the plot has been subdivided at all.

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8.6.5 Precise Cadastral Processes

1. A Surveyor carries out the precise cadastral surveys, which comprises, field data capture
compilation and submission to the Director of Surveys for checking and authentication.
2. Director of Survey authorizes numbering and cross-referencing of survey records.
3. Cross Referencing of Records
4. Preliminary checking
5. Final checking
6. Authentication of survey records
7. Preparation of Deed Plans and Registry Index Maps
8. Submission of Deed Plans or Registry Index Maps to the Commissioner of Lands for Title
Registration

8.7 LAND ADJUDICATION PROCESSES


8.7.1 The Process of Land Consolidation

1. On application of the Land Adjudication Act, Cap 283, in an area, the adjudication officer
(originally the District Commissioner) was appointed by the Minister (previously the Provincial
Commissioner) to carry out the land consolidation program in the area.
2. Adjudication officer declares the area an adjudication section and carries out extensive public
sensitization of the intended consolidation exercise until the local community agrees on the
implementation of the consolidation program.
3. Adjudication officer appoints a committee of 25 members from local resident and the Minister
appoints an arbitration Board of at least 25 from the local residents, and an executive officer is
appointed for each committee and each Arbitration Board
4. Adjudication officer gives notice of the adjudication and six months for claims. After the
adjudication of all the land claims, measurement of all the fragments is carried out to determine
the area of each land fragment
5. Record of existing rights is compiled showing, the names of the owner of the fragment (the
ownership being determined by the committee), description and size of the fragment, any land
set aside for public use for which compensation has been paid.
6. If committee cannot agree on any issue in the adjudication area, it refers the case to the
Arbitration Board who shall adjudicate the case and inform the committee of its decision.
7. Record of existing rights is displayed in a public place for a period of sixty days during which,
objections to its content may be lodged with the Executive officer of the committee.
8. If the objection is to a committee decision the matter is referred back to the committee for
second hearing and this second decision is subject to confirmation by the adjudication officer,
who may confirm the findings of the committee or consider the matter with the arbitration
Board. An objection on a decision made by the Arbitration Board is heard by the adjudication
officer, assisted but not bound, by the arbitration board. The decision of the adjudication officer
is final in either case.

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9. After the expiry of sixty days and when all the objections have been resolved, the record of
existing rights is declared final and cannot be altered. At this point, the adjudication of existing
rights is complete but without the benefit of mapping support.
10. The Director of survey carries out aerial survey of the adjudication area to determine areas of
the perimeter of the area and the fragments. The survey assumes that boundaries have been
planted and are air visible. Production of base maps from the aerial photographs at 1: 5000 scale
and enlargement to 1: 2500 scale, and computation of the planimetric area of the consolidation
unit.
11. The reconciliation factor is determined for the adjudication area. Each fragment is adjusted by
the reconciliation factor appropriately
12. The percentage cut factor is determined. This land is obtained from each fragment hence it is
spread over all the land owners in the adjudication section
13. The committee allocates land to each land owner in a single piece equivalent in area to the sum
total of all his previous fragmented pieces after adjustment by the reconciliation factor and
percentage cut.
14. The consolidated holdings are demarcated on the ground in the presence of the members of the
committee and the adjoining land owners in order to minimize the risk of corruption.
15. In the demarcation process, the larger holdings are sited first and the smaller fragments are sited
round the larger holdings. Roads of access are laid out for each holding and its fragments. The
boundaries are then demarcated along their whole length by digging shallow trenches which are
afterwards planted with live hedges and the final boundaries of the holdings are drawn
permanently on the map
16. Once the demarcation exercise is complete, a fair drawing of the field demarcation plans
showing boundaries only is prepared. The drawing also incorporates any changes made and
surveyed by the demarcation team during the demarcation in the field. Areas of the holdings are
computed by planimeter.
17. Once the demarcation map has been prepared, the adjudication register is prepared. This
register contains every piece of land in the adjudication section by name and area. A note is also
made of any encumbrances that may exist on the land holdings. Once complete, notice is given
and the register kept in a public place for inspection for a further sixty days and objections are
made to the adjudication officer. If one was not satisfied with the decisions of the adjudication
officer, further appeal is made to the District Commissioner (now the Minister for Lands).
18. Once the hedges have grown and are air-visible, new air photography, the re-flies, are taken.
This mapping is for production of Registry Index Maps at a scale of 1: 2500, and without
contours and showing cadastral boundaries only. The boundaries are then adjusted to
accommodate objections or compensations are paid in lieu of alterations of the boundary
19. After the expiry of the 60 days of objections, a register of titles is prepared and the Chief Land
Registrar issues negotiable freehold titles to each landholder under the Registered Lands Act
Cap 300 of 1963. The RIMs substitute the demarcation maps at the Land registry

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8.7.2 The Process of Systematic Land Adjudication

1. Minister responsible for Lands appoints Adjudication officer to carry out land adjudication in an
area.
2. Adjudication Officer appoints the Demarcation Officer, Survey Officer and Recording Officer
for demarcating, surveying and recoding interests within an adjudication section.
3. Adjudication officer declares the area an adjudication section and extensive sensitization is
carried out several Barazas until the local community agrees on the implementation of the
adjudication program.
4. Adjudication Department prepares a District “Stick-up Map” and identifies the approximate
position of the adjudication section. The same topo maps are used are used as the index maps for
demarcating the adjudication boundary onto the photo enlargements. The marked 1; 50, 000
topo sheets help in locating the centre points for the 1:12,500 and 1:25,000 photo prints
commonly used for the adjudication.
5. The Adjudication Officer fixes a six months period for receiving claims. The notice further
states clearly that with effect from the date, except with prior consent in writing of the
Adjudication Officer, no person shall institute and no court shall entertain any civil proceedings
concerning an interest in land within the adjudication section; until the adjudication register for
that adjudication section has been finalized as per section 29 (3) of the Land Adjudication Act,
Cap. 284.
6. When the process of demarcation, recording and surveying has been completed and all the cases
before the Adjudication Committee and the Arbitration Board have been heard and decided, the
Land Adjudication Officer sends the duplicate Adjudication register to the Director of Land
Adjudication and also gives notice that the adjudication register has been completed and may be
inspected at a given place for a period of sixty (60) days from the date of notice.
7. Any person who considers the registers to be incorrect or incomplete in any respect may lodge
an objection (in writing) to the Land Adjudication Officer during the sixty day objection period.
The Adjudication officer hears and determines such objections in his capacity as the third
adjudication tribunal.
8. Any party aggrieved by the decision of the Land Adjudication Officer has the right to appeal to
the Minister responsible for lands, who is the fourth and final adjudication tribunal. To speed up
the disposal of pending appeals, the minister appoints, the District Commissioner (by a notice in
the Kenya Gazette), to hear and determine land appeal cases in their respective districts.
9. When all objections have been heard and determined and decisions implemented, both on the
ground and the original adjudication register, the maps are sent to the Director of Surveys for
printing and computation of acreage. After the publication of the maps, the District Land
Adjudication Officer dispatches the original adjudication register together with particulars of all
objection decisions to the Director of Land Adjudication. On receipt of the register and details
of objection decisions, the Director alters the duplicate copy of the register to bring it in line
with the original register and certifies on both the original and the duplicate that the adjudication
register has become final subject to outstanding appeals to the Minister.
10. On signing the certificate of finality, the Director of Land Adjudication sends the original
register to the Chief Land Registrar for registration. It is from this register that the Chief Land
Registrar prepares the register of titles under the Registered Land Act, Cap.300. The registration

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vest in the proprietors the absolute ownership of parcels of land registered in their names. After
registration has been implemented, the Trust Lands Act ceases to apply in the registered area.

8.8 LAND SUBDIVISION PROCESSES


8.8.1 Urban Subdivision Processes

1. Client requests for the subdivision and preliminary topo-cadastral plan undertaken to support
preparation of Part Development Plan.
2. A Planner prepares a PDP, submits to the local Urban Authority together with Form PP1A, and
accompanied with a copy of the title deed to ascertain ownership and tenure status of the land.
3. The Local Authority approves the PDP, with a set of conditions, and issues Provisional
Approval on Form PP2A to the Commissioner of Lands.
4. Commissioner of Lands gives a provisional approval to the client through the Physical Planner.
5. A Surveyor uses the Provisional Approval to carry out accurate subdivision survey and submit
to the Director of Surveys for checking and authentication and deed plans or RIMs are released
to the Surveyor on payment of the checking fees.
FINAL APPROVAL
6. A Planner applies to the Local Authority on Form PP1A attaching, a copy of the Deed Plans and
evidence of compliance with the conditions of provisional approval.
7. Local Authority circulates the application to relevant institutions for ground inspection. And
final approval is granted in Form PPA2 and Form PPA5 and a certificate of compliance is
issued and forwarded to the Commissioner of Lands.
8. Commissioner of Lands issues a final approval.
9. With the Final Approval, client applies for subdivision certificate of compliance, which is
issued by the Local Authority. This certificate is also registered in the Land Registry and shows
the IR number, the date and time of registration, signature and name of the registering g officer.
10. The client submits the all the relevant documents to a lawyer for preparation of the Title Deeds
of each sub-plot.
11. Once the process is finalized, new subdivision titles are issued and the original title is endorsed
with the subdivisions showing, the new LR Numbers, new owners, area of each subdivision and
the file number of the transaction in Lands office. All these are endorsed in the original title of
the property.

8.8.2 The processes of subdivision of rural plots


1. Client requests for subdivision of rural land.
2. A subdivision scheme plan is prepared
3. A Planner submits an application to the District Physical Planner for the approval of the
subdivision scheme plan together with Form PP1A.

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4. District Physical Planner approves the subdivision sends back the document to the Local
Authority with his recommendations.
5. Local authority circulates the application to relevant offices for comments.
6. Plan is approved with conditions attached; Form PPA2 is signed and sent to the Planner.
7. The Planner then submits documents to the Land Control Board for consent of subdivision.
8. A Surveyor carries out a comprehensive survey on the ground and places all beacons.
9. Survey is submitted to the District Surveyor, complete with mutation forms, for checking and
amendments of RIM.
10. District Physical Planner issues form PP5 (Certificate of compliance) if he is satisfied that the
survey is according to the approved scheme.
11. The District Land Registrar is then furnished with the Land Control Board consent, Form PPA2,
Form PPA5 and a copy of the approved subdivision scheme plan.
12. Once the RIM has been amended, the Surveyor pays the checking fees and amended RIM is
forwarded to the District Land Registrar for issuance of Title Deeds.

8.9 TITLE REGISTRATION PROCESSES


8.9.1 The Conveyancing Processes of Title Registration

1. Director of Surveys delivers Deed Plans (DPs) or RIMs to the CoL Records office where LR
or Parcel Nos are entered in the computer
2. Correspondence file are retrieved from the Archives and the DPs or RIMs are filed inside
3. File with documents taken to Senior Plans Records Officer (SPRO) and the new LR or Parcel
Numbers entered in index cards and noted at the front of the correspondence file and on the
Letter of Allotment.
4. File is passed to the relevant Lands Officer (LO) to give instructions to Registrar of Titles (RoT)
for preparation of Title deed or Lease document, which are taken to Registry for stitching, and
the RoT instructs the typing pool to prepare the title deed.
5. RoT verifies the title deed and sends back to the Land Officer, who checks for completeness of
the document
6. The title is then forwarded to the CoL for execution through various officers such as: the Senior
Lands Officer, the Chief Land Officer, the Assistant Commissioner of Lands, the Senior
Assistant Commissioner of Lands and the Deputy Commissioner of Lands
7. File is then taken to the Chief Land Registrar/Principle Registrar of Titles who authorizes the
registration process and the file is taken to the RoT (conveyancing)
8. ROTs attests the signature of the Commissioner of Lands by signing the document and assesses
stamp Duty payable.
9. Stamp duty paid, the file is taken to the accounts department for writing of Stamp Duty
Certificate and confirmation that all the necessary fees have been paid.
10. Title is then taken to the stamping section to be either embossed or franked.
11. File is then taken to the Auditors (internal and external) to confirm that all payments have been
made
12. File is taken to Survey Department for confirmation of the authenticity of the Deed Plans and
the RIMs before registration is effected
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13. New Grants are taken back to the ROT to book the title for registration.
14. Leases are passed over to the LO to write a letter forwarding the documents to the District
Registries.
15. The allotees are then advised to collect the leases from the District Registries for their
execution and attestation before a Lawyer and return to the Registry for registration
16. On confirmation by the Department of Survey of the authenticity of the deed plans and RIMs,
the title is taken for registered.

8.9.2 Title Registration Process


1. The Allotee applies to Registrar of Titles in Nairobi or Mombasa for registration of the title.
2. At the Central Registry, the application is given Day Book Number, time and date are entered
on the document.
3. Title is taken to the Investigation Officer to assess whether it is registerable. This includes,
checking if all the fees have been paid, the document is attested properly and the
Commissioner has duly signed the title
4. File with all the registration documents are passed over to the Registration officer to check the
details again
5. Registration officer proceeds to initiate the registration process; issuing of the IR No. or CR
No. for Coastal properties.
6. Registrar also allocates entry Number against the IR or CR as the first main action on the Title
(i.e. IR/1)
7. Deed File is opened, the Title document is stamped or Franked and entry is made on the title
8. Documents are passed over to the RoT to countercheck if all aspects of the registration process
have been fulfilled
9. The Principal Registrar then signs the Title Deed and takes it back to the Central Registry for
sealing with Government Seal
10. A photocopy of the Title Deed is prepared and it kept in the Deed File. The Deed File is then
kept in the strong room of the Central Registry. This becomes the government copy of title such
that incase of loss, a certified true copy can be prepared for the client after 60 days gazettement
without claim.
11. Registered Title Deed is then released to the client as a legal document
12. After registration, the development plans are kept in the Senior Plans Records Office (SPRO),
the parcel files are kept in the Records Office and the deed files are kept in the strong room in
the registry at ARDHI house Nairobi
13. The Coastal Titles are registered in Mombasa and copies kept at the Mombasa land Registry

8.10 SURVEY RECORDS

Section 30(1) of the Survey Act, provides that a surveyor who executes a survey in accordance with the
provisions of the Act shall send survey plans, field notes and computations to the Director, and that these
records shall be deposited in the Survey Office. Once these records are received in the Survey Records Office,
they become Government property. Section 30(2) further states that no plan deposited in the Survey Office in
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accordance with the previous provision shall be altered or amended in any way without the permission of the
Director. Survey computation files and originals of survey plans are stored in fireproof cabinets, while tracings
of survey plans and deed plans are stored in different locations.

8.10.1 Numbering of computation files and field notes

Survey computation files and field notes are numbered serially. On each record-type is noted the numbers of the
other two record-types to assist in cross-referencing. Survey plans are given folio and register numbers (FR
Nos.) which indicate drawers in which plans are filed in the Survey Records Office. Survey plans were
previously in three sizes but only two sizes are currently in use (Medium (20''x13'') and large (30''x22'')).
Medium sized plans (plan forms No. 2) are allocated even folio numbers (e.g. FR No 152/59, 154/3, 170/199).
Drawer numbers are limited to 200 plans per drawer. Large size plans (plan forms number 3 and number 4) are
allocated odd folio numbers (e.g. FR Nos. 103/99, 99/2, 177/9) and are limited to 100 plans per drawer. Prints
of survey plans may be purchased from the Director of Surveys.

8.10.2 Numbering of new plots

a) The Registration of Titles Act

New grant surveys

For new grant surveys within urban areas, each urban area has one or more land reference numbers attached to
it. Numbers for newly granted plots are allocated numbers that relate to the “main reference number” for the
urban area (e.g. LR No. 209/46 Nairobi, LR No. 1/30 - Nairobi, and LR No. 4953/4952 - Thika). For plots
within the rural areas, land reference numbers are allocated serially without any regard to the locality of the plot
(e.g. LR No. 9831 - Laikipia, LR No. 10931 - Machakos). There are slight exceptions to this in the City of
Mombasa where North Mainland and South Mainland plots are numbered within sections (e.g. MN/I/4000,
MS/II/232). In Malindi and Mambrui, Portion numbers are used (e.g. Mambrui/Portion No. 692).

Subdivisions

Subdivisions are identified by “stroke numbers” of the original numbers. There are usually not more than two
(2) strokes for a reference number, otherwise the strokes are reduced to two (2) by changing the L.R. No.
(Example: Suppose L.R. No.209/136 is subdivided into 10 plots (L.R. Nos. 209/136/110). If L.R. No. 209/136/2
is subdivided further, the First subdivision would be L.R. No. 209/136/2/1. The Records Office might assign
that plot L.R. No. 209/136/18 (Original number 209/136/2/1)).

When an urban area is broken into sections, numbers which indicate the L.R. No. for the urban area, the section
number and the plot number are used. Section numbers are usually shown in Roman numerals. (Example: Plot
no. 26 in section 10 of the Kitale Municipality (L.R. No. 2116) would be written as L.R. No. 2116/X/26. Since
these numbers already contain ''two (2) strokes'' subdivision would be assigned the number immediately
following the highest number in the section at the time. L.R. No. 2116/X/26/1 would be numbered L.R. No.
2116/X/30, if the highest number in section X was 29. The annotation on the survey plan would be L.R. No.
2116/X/30 (original number 2116/X/26/1).

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b) The Registered Land Act

For registration under the Registered Land Act, Kenya is divided into registration districts, sections, and blocks.
In urban areas, the registration unit is the registration block which may be identified by block number or a block
name or a combination of a block name and number. In rural areas, the registration district is split into
registration sections, which are further split into registration blocks.

8.10.3 Numbering of mutations, combinations and partitions

New numbers for mutations (subdivisions), combinations and partitions are allocated by District Surveyors
within the respective districts. This is particularly critical where a fixed boundary survey for “setting apart of
land” has taken place within an existing registration section, in which properties are surveyed under the general
boundary system. This procedure also applies where “fixing of boundaries” under section 22 of the Registered
Land Act is subsequently followed by mutation, combination or partition surveys which result in new parcel
numbers.

8.10.4 Cross referencing of records

The main objective of cross-referencing survey records is to provide a linkage between new surveys and related
previous surveys. This procedure makes it possible to identify related survey records with information on
survey plan number or field notes number or computations file number or plot number or abuttals. In cross-
referencing:-

1. The FR No. of a new survey plan is annotated onto all related previous plans (original plans and their
tracings). These are all plans that can be related to the survey being numbered, in terms of
neighbourhood or related survey data.
2. Plan numbers of all old surveys for abutting properties and all plans used for survey control data are
annotated.
3. Individual plot cards are prepared with a complete record of the name of the surveyor, locality of the
survey, survey computation, and field notes numbers and other details. A history card is green colour
while individual plot cards are white or brown in colour. Such cards are issued in green, white or brown
colours, depending on the plot whose details are in preparation. Green cards indicate the history of the
plot that is being subdivided while white or brown cards are used for individual plots

8.11 GNSS IN CADASTRAL SURVEYING

GNSS can be used to solve tasks of cadastral surveying in Kenya. These tasks may be broadly identified as:

a. Fixation of general boundaries


b. Provision of Survey Controls
c. Fixation of Group Ranches
d. Fixation of Adjudication Surveys
e. Adjudication of land in the Arid and Semi-Arid Lands (ASALs) of Kenya

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9 APPENDICES
9.1 Deed plan

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The Process of preparation of Part Development Plan

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The Process of Allocation of Government New Grants

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The Process of Setting Apart of Trust Lands

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Precise cadastral Surveying Processes

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The Land Consolidation Processes

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Systematic Land Adjudication Processes

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Processes of Subdivision of Urban Plots

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The Process of Subdivision of Rural Plots

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The Processes of Subdivision of Group Ranches

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The Conveyancing Processes for Title Registration

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Title Registration Proces

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CADASTRAL SURVEYING

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MARTIN MURIMI
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