FAQs | BEAM POSITIONING SYSTEMS

Frequently Asked Questions

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Q1. Is it necessary to survey my land parcel/plot before developing it?

YES

Surveying helps you clear off any doubts on the position/location of your land parcel, that includes its measurements and shape as indicated on the map.

Position is determined from location coordinates upon which measurements such as distances and area (hectares and acres) are computed while the shape is visually represented on the map

Q2. Should I survey land/property before buying it?

YES

There is no need to enter into a buying contract only for you to discover later that some aspects of surveying do not fit the seller’s description of the land.

With the high and ever increasing land prices in Kenya, surveying before buying is a very small price to pay; if you discover some of the surveying aspects are compromised it is best not to proceed and enter any contracts or agreements and look for alternative land.

Q3. How can I locate my plot/parcel of land?

YOU CAN’T UNLESS YOU CONSULT A SURVEYOR

The task of determining the location of your land parcel should only be done by your surveyor

He/She uses geospatial coordinates recorded on the map and survey instruments to position your land on the earth. Surveying is a highly professional job that requires training, academic qualifications and licensing to practice.

Q4. How can I know the measurements of my land parcel/plot?

BY SURVEYING IT

Determining the dimensions of land is a professional undertaking that can only be done by a qualified surveyor.

Specialized survey instruments are used for this and the data is processed to determine distances and thereafter area.

Q5. How can I solve a boundary dispute with my neighbor?

BY AGREEING THAT BOTH PARTIES SHOULD SURVEY THEIR LAND

Your surveyor can help you solve a boundary dispute with your neighbor, both parties must agree to

arrange for a field survey and find common ground on where the boundary lies according to the maps.

Q6. How much does it cost to carry out a survey on land?

IT DEPENDS ON LOCATION, COUNTY AND TYPE OF SURVEY REQUIRED

The cost of land survey varies depending on many factors among them is location, county and what survey methods should be deployed.

There are two types of surveys carried out in Kenya based on accuracy

  1. General boundary surveys-these should be surveyed to an accuracy of 5 meters
  2. Fixed boundary surveys-these should be surveyed to an accuracy of 0.03 meters or 3 cm

Generally, the cost of doing a survey is approximately 3% of the value of the land

Q7. Where can I get a map of my land parcel/plot?

FROM THE MINISTRY OF LANDS

The government of Kenya is the chief custodian of all map records related to land and property surveying,

these maps can be found at Survey of Kenya (Ruaraka) and at each of the respective county lands offices.

Q8.

Why should I do a land search before doing any transaction on land?

Any transaction can be a subdivision or a transfer

  1. To get to know its proprietor(owner)
  2. To know if the land has a caution (for example if the land is disputed)
  3. To know if there is charge on the land (for example if the land is collateral for a loan)

Q9. What is land subdivision?

Land subdivision is the dividing of a registered land parcel also called mother parcel into registered smaller

land parcel units also called child parcels with the excision of roads which are surrendered to the government.

Q10. What are the steps to be followed for land subdivision in Kenya?

In Kenya, most privately owned land is registered under one of these two laws: Registered Land Act (Cap 300) and Registration of titles act (Cap 281)

Land under Registered Land Act (Cap 300)

Most land registered under this law is found but not entirely limited to rural areas

  1. The land being subdivided needs to have a title deed, in case the proprietor(s) is an individual they must be alive or if it is a company, it must be valid
  2. Do a land ownership search at the ministry of lands this can be done at the county survey headquarters or at Ardhi house Nairobi. A certificate of land search that is signed and stamped should be obtained
  3. A registered physical planner prepares a scheme plan for the layout of the subdivision
  4. A duly filled PPA 1 form together with the scheme plan is submitted to the county physical planning office for approval
  5. The scheme plan gets approved with conditions attached and a PPA2 form is issued
  6. The scheme plan and PPA2 form are sent to the Land Control Board (LCB) to obtain a consent for the subdivision (this applies to agricultural land)
  7. Ground surveying is conducted on the land to place beacons for the newly created parcels and a mutation form representing the subdivided layout is filled as a triplicate and submitted to the county government land survey office for checking and approval
  8. The county physical planner issues with PPA5 compliance certificate if they are satisfied with the subdivision
  9. Once the triplicate mutation forms are approved by the county land survey office, the newly created parcels are allocated new numbers to each individual parcel. The first triplicate remains at this office for record keeping
  10. The second triplicate it is taken to the regional cartography office where the Registry Index Map (RIM) is amended to represent the newly created parcels and their new numbers
  11. The third triplicate is taken to the land registrar’s office for registration of the newly created parcels where their corresponding green cards and title deeds are created

Land under Registration of Titles Act (Cap 281)

Most land registered under this law is found but not limited to urban areas

  1. The land being subdivided needs to have a title deed, in case the proprietor(s) is an individual they must be alive or if it is a company, it must be valid
  2. Do a land ownership search to ascertain its ownership and tenure status at the ministry of lands this can be done at Ardhi house Nairobi. A certificate of land search that is signed and stamped should be obtained
  3. A Physical Planner should prepare a PDP that includes a topo that should be submitted to the county government physical planning office together with a duly filled PPA1 form
  4. The county government approves the PDP with a set of conditions (among which include clearing of rent and land rates) and issues a PPA2 form to the Commissioner of Lands
  5. The Commissioner of Lands issues a provisional approval to allow for the survey to proceed
  6. A subdivision survey is carried out and submitted to the Director of Surveys
  7. A physical planner applies on PPA1 to the county government attaching evidence of compliance with the survey regulations and provisional approvals which upon approval a certificate of compliance together with forms PPA2 and PPA5 are issued and forwarded to the Commissioner of Lands
  8. Upon final approval by the Commissioner of Lands a subdivision certificate of compliance is registered in the Land Registry where newly created subdivision titles are issued showing the Land Reference (LR Numbers) and their corresponding owners

Q11. Can I join two or more parcels into one?

YES

Land amalgamation is the combining of two or more adjacent land parcels

registered under one title deed, it can loosely be the opposite of subdivision.

Q12.What is an RIM?

A Registry Index Map (RIM) represents parcel layouts for land registration; it has the registration county which is divided into registration sections that is identified by distinctive names, these registration sections are further divided into blocks which are given distinctive numbers and/or letters.

The blocks are also further divided into parcels which are also given distinctive numbers and/or letters. A collection of RIMs are arranged as a series of map sheets

For the case general boundaries, the mutation form amends it (RIM) while for fixed surveys the survey plan amends it. For general boundaries, the RIM is also used to indicate the approximate location of the boundaries of a parcel.

Q13. What is a survey plan?

A survey plan is a specialized and detailed map approved by the Director of Survey as suitable for survey purposes and representing parcel layouts.

Parcel beacons are assigned cartesian coordinates while parcel boundaries are assigned polar coordinates (Bearing and distances). The custodian of all survey plans is the government of Kenya under the Ministry of Lands survey department.

Q14. What is a mutation form?

This is a form filled by the surveyor during subdivision in accordance to the registered land act (Cap 300) that allows amendment of the RIM.

It mainly enables mutation(change) of the old number (mother number) into new numbers of the child parcels, it also has the sketches/drawings of the parcel layout. The mutation form is usually submitted to the county survey lands office

Q15. Which land cannot be subdivided or amalgamated?

The following are the types of land that cannot be subdivided or amalgamated:

  1. Land/property with ongoing or pending court cases
  2. Land/property with caution or caveat restricting action on it
  3. Land/property that is disputed
  4. Land/property used as collateral for loan

Q16. What is transfer of land?

“Transfer” in connection to land is the passing of the land or charge from one proprietor to another through an agreement.

The transferor is the current proprietor of the land while the transferee is the one to receive the land.

Q17. What is the procedure for transfer of land in Kenya?

The procedure is as follows:

  1. The proprietor of the land should have the original title deed for the land to be transferred ready
  2. A land rent clearance certificate should be obtained from the commissioner of lands
  3. The proprietor should clear all pending rates and obtain a clearance certificate from the county government
  4. Obtain an official land search certificate from the ministry of lands
  5. The transferer and transferee should settle on a transfer agreement in the presence of an advocate
  6. Both parties should attend the Land Control Board to obtain a consent for the transfer
  7. Carry out a land survey to ensure the land is geo-referenced
  8. The land in question should be valued and a valuation report obtained, the main purpose for valuation during transfer is to derive the value of the stamp duty payable to the taxman
  9. Once the stamp duty is determined it should be paid to the taxman (Kenya Revenue Authority) and a payment slip issued. In Kenya the stamp duty is 2% of the value of land for rural areas and 4% of the value of land for urban areas
  10. The final step is land registration where the existing green cards are altered, the name of the new proprietor is entered and the former proprietor no longer owns the land. A new title deed bearing the name of the new proprietor is also issued

Q18. What are sectional properties?

These are properties that result from subdivision of sections of buildings into independent sectional units each

with a sectional title as the document of land tenure and common properties owned collectively

Q19. What is a sectional unit?

This is a space that is situated within a building and described by

sectional boundaries and includes its proportionate share in the common property.

Q20. What defines the boundaries of sectional units?

A sectional unit boundary is described in

reference to a floors, walls and ceiling within the building.

Q21. What are the examples of common properties in sectional properties?

Common properties are all rights of support (easements) that make the sectional unit livable and enjoyable; they include:

Basements parking, walkways, service rooms, lifts, roofing, water pipes & tanks, sewerage, drainage, gas pipes & tanks, electricity meters, garbage cans, telephone lines, radio lines, Internet lines and television lines.

Q22. What is a sectional plan?

A sectional plan represents sections of properties as a map layout, it properly represents sectional boundaries and their georeferencing.

It also has the approvals by the Director of Survey as well as other relevant authorities as prescribed by the law.

Q23. What is the corporation in sectional properties?

Sectional properties must have a list of owners registered in the land registry as ‘the corporation’ where the land registrar issues a certificate under a common seal for it.

The purpose of the corporation is to own the common property and also assume ownership of the land parcel in case the sectional properties arrangement is terminated. The corporation owns the common properties in proportional shares-that is to say whatever number of shares an owner has in the corporation is equal to the number of shares of common properties. The corporation is also in charge of managing the property in general where the voting rights are proportional to the number of shares in the corporation.

Q24. What is required for a property to get sectional titles?

The following is required:

  1. A minimum of two sectional units, this is the least number of sectional units that can be registered
  2. Proof of ownership of parcel bearing the building, this can be done by doing an ownership search where an official search certificate will be issued
  3. Clearance of land rent if the parcel bearing the building(s) is on leasehold, this can be confirmed from the ministry of lands where if there are no pending arrears a rent clearance certificate is issued
  4. Clearance of rates, this can be confirmed from the county government and a rates clearance certificate is issued if there are no pending rates or penalties
  5. A list of the persons who are the owners of the sectional units, these owners list will be registered as ‘the corporation’ by the land registrar
  6. Re-Survey of land parcel bearing the development
  7. Approved building plans from the county government, the surveyor can only prepare sectional plans from these approved building plans
  8. The sectional properties development must conform to physical planning rules of development scheme, development control and zoning. If the physical planning department is satisfied with the development, it should issue PPA approvals
  9. The county government approves the proposed sub-division of the structure as illustrated on the plan and issues a certificate
  10. A building permit for the property must be obtained from the county government as evidence of compliance with building rules and regulations of that particular county
  11. A list of well represented commonly shared property is submitted for registration, these common properties are to be owned by the corporation where the shares in the corporation is proportional to the shares of the common property
  12. Registration of each sectional unit with the common property is done on the register, and on each sectional title. A certificate for the common property is also issued
  13. For land tenure systems, sectional properties can be freehold or leasehold
  14. Each sectional unit gets its proportional share of charges (rent and rates)
  15. Each sectional unit must also have access to sunlight

Q25. What are the requirements for a sectional plan?

The following are required:

  1. Heading of the sectional plan
  2. Should be geo-referenced with grid lines and grid coordinates
  3. It should have the particulars to identify the title to the parcel
  4. It should include a drawing illustrating the units and distinguishing the units by numbers or other symbols
  5. It should clearly show the approximate floor area of each unit
  6. It should have an endorsement schedule specifying in whole numbers the unit factor for each unit in the parcel
  7. It should be signed by the proprietor
  8. It should be signed and sealed by the office or authority responsible for survey
  9. It should have endorsed on it the address at which documents may be served on the corporation concerned
  10. It should clearly indicate the user of the unit
  11. It should contain any other particulars prescribed in the regulations
  12. The Registrar should submit to the county government a copy of the registered sectional plan within twenty-one days after registration

Q26. What can lead to termination of sectional properties?

The following can lead to termination of sectional properties:

    1. Unanimous resolution, that means the corporation can agree to end the sectional properties arrangement. The corporation should file with the land registrar a notice of the termination where he/she issues a notification in respect to the notice
    2. Substantial or total damage to the building, this can happen during disasters
    3. Compulsory acquisition, this can happen if another interest has to acquire the space occupied by the building

    After the sectional property is terminated, the members of the corporation become the owners entitled to the parcel in a shareholder arrangement that is proportional to the shares owned in the corporation arrangement. The corporation is automatically dissolved once the termination of the sectional property is effected. The registrar should close the registry relating to sectional properties and open a new register in accordance to the land law applied on the parcel

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