wazua Tue, Dec 24, 2024
Welcome Guest Search | Active Topics | Log In | Register

What to do if someone has built on your land
banker01
#1 Posted : Sunday, March 13, 2016 8:38:54 AM
Rank: New-farer


Joined: 5/1/2012
Posts: 25
I have a plot of land in Mavoko around an acre with original title, paid land rates etc
I was working in UG for 2 years and when moved back I found people living in constructed stone houses and there were subdivisions all over the plot work of conmen. Want to know what the procedures are to have them removed off.
Thanks
Swenani
#2 Posted : Sunday, March 13, 2016 8:55:49 AM
Rank: User


Joined: 8/15/2013
Posts: 13,237
Location: Vacuum
banker01 wrote:
I have a plot of land in Mavoko around an acre with original title, paid land rates etc
I was working in UG for 2 years and when moved back I found people living in constructed stone houses and there were subdivisions all over the plot work of conmen. Want to know what the procedures are to have them removed off.
Thanks


Talk to Mawinder
If Obiero did it, Who Am I?
Foz00
#3 Posted : Sunday, March 13, 2016 9:08:48 AM
Rank: Member


Joined: 1/13/2011
Posts: 297
Location: Nairobi
Swenani wrote:
banker01 wrote:
I have a plot of land in Mavoko around an acre with original title, paid land rates etc
I was working in UG for 2 years and when moved back I found people living in constructed stone houses and there were subdivisions all over the plot work of conmen. Want to know what the procedures are to have them removed off.
Thanks


Talk to Mawinder


Descend on them at 2 am flatten and cart away everything.

Hakuna occupancy sasa tuende Korti bandia
maka
#4 Posted : Sunday, March 13, 2016 11:04:13 AM
Rank: Elder


Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
banker01 wrote:
I have a plot of land in Mavoko around an acre with original title, paid land rates etc
I was working in UG for 2 years and when moved back I found people living in constructed stone houses and there were subdivisions all over the plot work of conmen. Want to know what the procedures are to have them removed off.
Thanks


On this issue...

Firstly properties around the Mavoko area have issues in relation to Titling. There have been widespread instances of issuance of double titles for the same property.

As a start a search is absolutely necessary to determine the genuineness of the Title.

If the search determines without a shadow of doubt that the ownership is vested on you the second step is to determine whether the persons who have encroached on the land can be identified. This is something the owner must seek to find out

This is integral since any Court action must be against known persons
Thirdly if this is established two courses of action can be followed up.

One a report to the Police. Trespass is both a crime and a violation of right to property under civil/land law.

The Police however will usually refer one to the Civil Courts.
For the Civil Courts one requires patience
The average case takes eighteen months.
possunt quia posse videntur
muandiwambeu
#5 Posted : Sunday, March 13, 2016 1:03:30 PM
Rank: Veteran


Joined: 8/28/2015
Posts: 1,247
You could as well recognize them as your tenants, enter into formal agreement and lease them the land if they cooperate. In the mean time you should engage a learned friend to issue them with a demand notice for mense profits if you have absolute title to the property. If you will intend to evict avoid creating tenancy. Evicting a tenancy is a odorous journey and may require you to engage an auctioneer instead of a court order. Anyway, whatever their property in your land is alienable property to cover your costs in the first instance. my choice of action is, flatten if you have the muscle power. in coart anything goes. cashflow 101. Waitiki wa mavoko diye huyu mwingine wazuans. Pole brother. adverse takeover is a recognized method of property acquisition im Kenya too, so long as u have proof of occupation for over ten years. Act in tym. and beware of the Kayole case...... wanaeza maliza wewe asap na tusome kwa news after calling you a armed thug.
,Behold, a sower went forth to sow;....
MaichBlack
#6 Posted : Monday, March 14, 2016 12:00:57 AM
Rank: Elder


Joined: 7/22/2009
Posts: 7,455
Flatten kwanza then case ikuwage after flattening.

If you go to court when the houses are still standing, it might be years before the case is concluded - even 10 years!!! And in those 10 years, they might decide to clear and forward you!
Never count on making a good sale. Have the purchase price be so attractive that even a mediocre sale gives good returns.
yosie14
#7 Posted : Monday, March 14, 2016 2:09:20 AM
Rank: Member


Joined: 12/17/2013
Posts: 118
Move swiftly and clear everything on the land to reset the system otherwise as it stands you are at a loss!!Remember possession(occupation) is nine point in law.
KCB,NMG,PAFR
Lolest!
#8 Posted : Monday, March 14, 2016 6:54:08 AM
Rank: Elder


Joined: 3/18/2011
Posts: 12,069
Location: Kianjokoma
@maich, yosie

what if there is double titling as maka has told us is common in that area? Wont the guy be setting himself up for worse cases if he was conned in purchase??
Laughing out loudly smile Applause d'oh! Sad Drool Liar Shame on you Pray
MaichBlack
#9 Posted : Monday, March 14, 2016 7:36:07 AM
Rank: Elder


Joined: 7/22/2009
Posts: 7,455
Lolest! wrote:
@maich, yosie

what if there is double titling as maka has told us is common in that area? Wont the guy be setting himself up for worse cases if he was conned in purchase??

As @Maka adviced him, he should do a search on the land first and the history of the title transfer(s).

And the flattening is done by faceless Kenyans. This is Kenya!!! The fellow will claim he doesn't know who flattened the houses but the land is his!!

You don't see structures on land being claimed by county councils (nowadays Counties) being demolished by men guarded by scores of armed policemen and the county council (County) claim they are not aware who did the demolition but they will not allow any rebuilding on their land??? Did you see what happened to Nakumatt Thika Road before the super highway was done!!

We have seen land cases taking 10, 20 or even 30 years. And in most cases fellows will run to court to maintain the status quo before the case is determined. And they always get it!!! Then they use all tactics to drag the court case. Just make sure the status quo is in your favour - zero structures in your land!!!

Hiyo ndiyo Kenyan style!!!!
Never count on making a good sale. Have the purchase price be so attractive that even a mediocre sale gives good returns.
moneydust
#10 Posted : Monday, March 14, 2016 11:42:21 AM
Rank: Member


Joined: 1/31/2007
Posts: 303
MaichBlack wrote:
Lolest! wrote:
@maich, yosie

what if there is double titling as maka has told us is common in that area? Wont the guy be setting himself up for worse cases if he was conned in purchase??

As @Maka adviced him, he should do a search on the land first and the history of the title transfer(s).

And the flattening is done by faceless Kenyans. This is Kenya!!! The fellow will claim he doesn't know who flattened the houses but the land is his!!

You don't see structures on land being claimed by county councils (nowadays Counties) being demolished by men guarded by scores of armed policemen and the county council (County) claim they are not aware who did the demolition but they will not allow any rebuilding on their land??? Did you see what happened to Nakumatt Thika Road before the super highway was done!!

We have seen land cases taking 10, 20 or even 30 years. And in most cases fellows will run to court to maintain the status quo before the case is determined. And they always get it!!! Then they use all tactics to drag the court case. Just make sure the status quo is in your favour - zero structures in your land!!!

Hiyo ndiyo Kenyan style!!!!



Bandit economy kweli...with Kangaroo courts to boot.
Solako
#11 Posted : Monday, March 14, 2016 12:20:19 PM
Rank: Member


Joined: 1/28/2016
Posts: 168
Location: Nairobi
Interesting views right here.
Othelo
#12 Posted : Monday, March 14, 2016 12:23:55 PM
Rank: User


Joined: 1/20/2014
Posts: 3,528
Dont bother doing a search....
1st - Send them a bucket full of Feces/faeces - for each subdivided plot. Plus hang a dog in the middle of the plot!!!

2nd - Flatten the structures and go back to Uganda.

Do all these ingonito. Nobody will dare invade your land AGAIN!!!

Formal education will make you a living. Self-education will make you a fortune - Jim Rohn.
whiteowl
#13 Posted : Monday, March 14, 2016 12:32:54 PM
Rank: Veteran


Joined: 4/16/2014
Posts: 1,420
Location: Bohemian Grove
MaichBlack wrote:
Lolest! wrote:
@maich, yosie

what if there is double titling as maka has told us is common in that area? Wont the guy be setting himself up for worse cases if he was conned in purchase??

As @Maka adviced him, he should do a search on the land first and the history of the title transfer(s).

And the flattening is done by faceless Kenyans. This is Kenya!!! The fellow will claim he doesn't know who flattened the houses but the land is his!!

You don't see structures on land being claimed by county councils (nowadays Counties) being demolished by men guarded by scores of armed policemen and the county council (County) claim they are not aware who did the demolition but they will not allow any rebuilding on their land??? Did you see what happened to Nakumatt Thika Road before the super highway was done!!

We have seen land cases taking 10, 20 or even 30 years. And in most cases fellows will run to court to maintain the status quo before the case is determined. And they always get it!!! Then they use all tactics to drag the court case. Just make sure the status quo is in your favour - zero structures in your land!!!

Hiyo ndiyo Kenyan style!!!!


I'm with @MB on this one. After you ascertain the land is yours,flatten everything. They won't. go to court coz the slow and tedious judicial system will now work in your favour. They also won't dare build again coz you can get a court induction to stop the construction or demolish the houses after the are rebuilt. Bandit economy!
Othelo
#14 Posted : Monday, March 14, 2016 12:37:26 PM
Rank: User


Joined: 1/20/2014
Posts: 3,528
You demolish by burning so that they know, one day as they are asleep, they can as well be burnt inside the houses!!! And the burnt structures will leave a mark for any willing conman, willing buyer for a long time!!!
Formal education will make you a living. Self-education will make you a fortune - Jim Rohn.
Lolest!
#15 Posted : Monday, March 14, 2016 1:04:03 PM
Rank: Elder


Joined: 3/18/2011
Posts: 12,069
Location: Kianjokoma
Othelo wrote:
Dont bother doing a search....
1st - Send them a bucket full of Feces/faeces - for each subdivided plot. Plus hang a dog in the middle of the plot!!!

2nd - Flatten the structures and go back to Uganda.

Do all these ingonito. Nobody will dare invade your land AGAIN!!!


Laughing out loudly Laughing out loudly Laughing out loudly kwani uliajiriwa na ndugu mawinder?
Laughing out loudly smile Applause d'oh! Sad Drool Liar Shame on you Pray
streetwise
#16 Posted : Monday, March 14, 2016 1:52:00 PM
Rank: Veteran


Joined: 6/23/2011
Posts: 1,740
Location: Nairobi
Make sure they know you are a mad man...e.g Waititu style.

They will never joke with you again.
Angelica _ann
#17 Posted : Tuesday, March 15, 2016 1:08:47 AM
Rank: Elder


Joined: 12/7/2012
Posts: 11,908
Get both a lawyer and a surveyor to help you know the truth. Then pursue the people who have encroached on your land to the end!!!
In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
Users browsing this topic
Guest (3)
Forum Jump  
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.

Copyright © 2024 Wazua.co.ke. All Rights Reserved.