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Court Delivers Blow to Kenyans Claiming Roads Through Private Land
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Kenyans.co.ke
A court has issued a ruling that could influence how land disputes are handled across Kenya, declaring that landowners claiming an access road has been blocked must support their case with official survey maps and credible evidence.
The Environment and Land Court overturned an earlier judgment that had ordered the reopening of an alleged access road after finding there was no proof that the road existed at the disputed location.
The dispute arose after a landowner accused a neighbour of blocking what was claimed to be the only access road to the property and further alleged that official survey records had been fraudulently altered to remove the road.
The judgment serves as a reminder that landowners should obtain official survey maps, registry records and professional survey reports before filing cases involving access roads or challenging developments on neighbouring properties.
Proper due diligence can also help buyers avoid purchasing land with unresolved access disputes.