An encroachment occurs when your neighbour builds a structure, plants crops, installs a fence, or otherwise uses part of your land as if it were theirs.
In Kenya, where boundary beacons can be displaced and informal boundary arrangements are common, encroachment disputes are among the most frequent land conflicts.
Step 1: Confirm the Encroachment Is Real
Before confronting anyone, confirm that the encroachment is actually on your land.
Get your survey plan. The survey plan for your parcel shows the registered dimensions and boundary positions.
Locate your boundary beacons. Walk your boundary and confirm where the beacons are. If a beacon is in a different position from where the survey plan shows it should be, this is a significant flag.
Compare the survey plan to the physical situation. Does the neighbour's structure, fence, or crop planting extend beyond the line that your survey plan shows as your boundary?
If you cannot confirm the boundary position yourself, engage a registered surveyor to resurvey your parcel and identify the registered boundary.
Step 2: Document the Encroachment
Before any discussion with the neighbour:
Photograph the encroachment clearly, with landmarks that establish the location. Note the extent of the encroachment (how far onto your land, approximately what area). Record the date you first discovered it.
Documentation is evidence. You may need it later.
Step 3: Communicate in Writing
Send a formal written notice to your neighbour (through your advocate or directly, with a copy kept) identifying:
The specific encroachment. Your demand that they remove any structures and restore the boundary. A reasonable timeframe for compliance.
Written communication creates a record and avoids disputes about what was said.
Step 4: Commission a Formal Resurvey
For any significant encroachment, commission an ISK-registered surveyor to:
Resurvey your parcel boundaries using the official Survey of Kenya coordinates. Confirm the correct boundary position. Prepare a report and survey plan showing the encroachment.
This professional report is the evidence you need for any further proceedings.
Step 5: If the Neighbour Refuses to Comply
If informal communication and demand do not resolve the encroachment:
Mediation: Consider using a professional mediator. Mediation is faster and cheaper than litigation and can preserve the neighbourly relationship.
ELC Application: Apply to the Environment and Land Court for a declaration of the correct boundary and an order requiring removal of the encroaching structures.
The court can also award damages for the unauthorized use of your land.
The Adverse Possession Risk
If you allow an encroachment to continue for 12+ years without objection, the neighbour may acquire adverse possession rights over the encroached area.
This is why acting promptly is critical. The 12-year clock runs from when the encroachment began.
If an encroachment has been ongoing for many years, take action now — even if the 12-year period has not yet expired.
This article is for general information only. It does not constitute legal advice. For a specific encroachment dispute, consult a qualified Kenya advocate and a registered surveyor.