10 Reasons Why You Should Never Tamper With Beacons
Speaking of property indicators, beacons are those silent markers you might overlook until something goes wrong. It appears that messing with them is like opening a can full of worms. To put it plainly, damaging these markers can have dire consequences. This part of the story looks closely at what happens when these markers face damage, such as messing with your wallet, issues with the law, and even disputes with neighbors.
Let me walk you through the mysteries surrounding these seemingly harmless markers and the trouble they create when they are not treated right.
- Legal Concerns
Destroying beacons is illegal as well as an act of vandalism. Article 29 of the Survey Act of Kenya states that anybody found to be altering or destroying survey markers may be subject to penalties as well as imprisonment. This legal framework emphasizes how crucial it is to keep these marks in place as necessary elements of the land definition.
- Nature of Land Records
I won’t charge you for this; just know that the nature of land record storage in our Kenyan registries is not the best out there. It’s not even close. These documents are often kept in suboptimal conditions, lacking a solid digital backup. Given the precarious nature of land records storage, it is highly recommended that property owners realize the critical role of survey beacons in situations where documents may have been compromised. In unclear circumstances, if the registrar authorizes a re-survey, the director of surveys holds the discretionary power to decide what to do. Without clear survey marks, this discretion might not work in the property owner’s favour. Keeping survey markings intact and legible becomes a precautionary measure against the uncertainty surrounding the condition of land records.
- Conflicts
The silent judges of boundary lines are beacons. Their destruction might create discontent among neighbours, leading to border disputes and violence. The lack of distinct markings makes it difficult to define property extents, which leads to a tug of war between neighbours.
- Financial Repercussions
Destroying beacons has an impact on finances that extends beyond the law. Those found guilty may additionally be ordered to cover the costs of replacing or repairing the damaged beacons, in addition to any fines that might be imposed. Furthermore, the additional procedures needed to establish precise property borders usually result in greater transaction costs for land on a ground without well-defined beacons. If you believe that acquiring a title deed settles everything, you may be in for a painful surprise.
- Costly Re-surveys
In most cases, a survey is required for every land transaction or issue. If there are no reference beacons on site, the surveyor might have to play the “long-distance relationship” game, extending the control network from a beacon that’s chilling elsewhere—it could be a kilometre away, maybe even doing its own thing five or more kilometres down the road. Talk about a beacon in a different area code! Typically, it is a time-consuming and resource-intensive operation. Surveyors demand higher fees for such surveys, putting property owners under additional financial burden.
- Government Compulsory Acquisition
The presence of undamaged beacons is critical in government projects requiring the mandatory acquisition of land from the people. Clearly defined boundaries guarantee that landowners are fairly compensated for their property. In the absence of beacons or vaguely defined property boundaries, the valuation procedure might become complicated, potentially impacting the compensation amount.
- Delays in Development Projects
The absence of evident beacons can cause delays in development projects such as buildings, roads, drainage systems, and so on. Surveyors require accurate markers to properly plan and execute engineering projects. Destroyed beacons cause delays in construction schedules and may increase project expenses. This applies not only to private projects but also to all other developments in the region.
- Property Security
Property security is fundamentally connected to the precise definition of boundaries. Destroyed beacons compromise the clarity of property lines, making it easier for encroachments or boundary infringements. This puts at risk the security of one’s land and assets.
- Accuracy of Subsequent Projects
Interfering with survey beacons puts later projects at risk for inaccurate results. Whether it’s a new building or land modifications, the lack of intact survey marks could impede precision, resulting in problems that may arise in future developments.
- Impact on Property Value
The value of a property might be adversely affected by inaccurate property borders. Prospective buyers may be hesitant to invest in a property with unresolved border issues, reducing its marketability.
Let me share a nugget of wisdom with you: allow your beacons a 20-centimeter breathing area while establishing your fence or structure. A mere 20 centimeters could make all the difference. The beacon should always be on the outer side of the fence (not enclosed by your fence or directly on top of it) to ensure security and uphold the integrity of your property. Recall that this is your legal obligation as stated in Article 28 of the Kenyan Survey Act; it is not only a recommendation. Instruct your engineer to authorize the building crew with utmost clarity—not a centimetre of interference. With the precision required by the law, often at intervals as narrow as 3 centimetres, every small step back becomes a giant leap in securing your property’s accuracy.
I hope you learnt something today. Messing with beacons is like accidentally hitting a beehive; you never know what stings are coming your way. You might get stung legally and financially. It is a reminder that the silent stars beneath our feet hold more power than meets the eye. Next time you see a beacon quietly minding its business, just give it a nod. So, folks, let’s make a pact—keep those beacons safe and sound!