The Beacon Search The Untold Stories of the Hidden Gem in Surveyors' Chronicles
In Kenya’s complicated land development sector, surveyors encounter numerous difficulties, some of which are caused by a lack of knowledge of legal issues. You know those iron pins or metal thingies in the ground? They are like secret agents called beacons, quietly deciding where your property starts and ends. Now, surveyors, the undercover heroes of the land, use the existing land records like treasure maps. Their mission? To uncover these hidden beacons in order for them to carry out some survey work. Some lay right there in the open, while others play hide-and-seek underground. It’s not a low-key excavation adventure for all; it’s a professional quest for accuracy that often encounters resistance from landowners who see it as a threat to their property’s aesthetic charm.
Some landowners go far beyond their quest for beauty, adorning the areas around their properties with flowers, asphalt, gravel, or even cabro bricks. Nevertheless, this commitment to elegance becomes a source of frustration when surveyors attempt to excavate in search of a beacon in this beautifully enhanced external area. They have no idea that this portion is government property as it is part of the road reserve. As per the law, authorized surveyors are free to use such a beacon for surveying purposes without obtaining prior permission from the landowner, regardless of the landowner’s efforts to make the area more aesthetically pleasing.
Now, here is another twist: property owners often want to build right on these secret spots. Totally understandable—maximizing space, right? But here’s the deal: these iron markers need their moment in the spotlight. They’re not just fancy garden decorations; they’re crucial for figuring out who owns what, especially in busy city areas where accuracy is the name of the game. Kenyan landowners exhibit resistance to the idea of building even a centimetre inward from the beacon. This reluctance often stems from a lack of understanding regarding the importance of visible beacons in ensuring accurate demarcation. In surveys, precision reigns supreme, and the assumption that the corner of a fence or building equates to the mark of the extent falls short. Accuracy, particularly in urban areas where the legal policy mandates precision within 3 centimeters, becomes imperative.
In the comedy corner of land ownership, we have this other special group. People feel that if a surveyor happens to be working close to or next to their land or property, they must be tampering with their specific plot. Imagine an enthusiastic surveyor working diligently to extend the control network to their site of work, only for an irate Maasai to show up from nowhere wielding a machete or some crude weapons known best to hyenas that dare their flocks. This unexpected encounter results from the assumption that the surveyor has infringed on the landowner’s territory, unaware that the surveyor’s actions allow for the exact definition of property borders within that region collectively. So in the dance between surveyors and the uneducated, damaging it might be their last resort to ward off what they perceive as unwarranted visits of ‘land thieves’ who frequent the area in an attempt to use the beacon for their survey works. Little do they know that any registered beacon, regardless of its location, is government property. Damaging such a survey mark to prevent a surveyor from proceeding not only obstructs survey work but also attracts serious consequences as outlined in Articles 29 and 38 of the Survey Act of Kenya.
In this simple story about land and beacons, surveyors aren’t just digging—they’re like the detectives of property boundaries, helping figure out who owns what. It’s a story of professional quests, calculated digs, and the subtle dance of property lines amidst the challenges and even hostility. Stick around for more tales from the underground, where every iron pin has a story to tell.