Government wants to build a road on your land?

August 28, 2025 by

Collins Mutegi Njagi

Government wants to build a road on your land?

If the government wants to build a road through your land, the following steps and outcomes typically apply:

1. Compulsory Acquisition (Eminent Domain)

The government has the right to acquire private land for public use (like roads) under a process known as compulsory acquisition. This is permitted by law, but it must be done lawfully and fairly — and you are entitled to full and prompt compensation.

2. Notification

You will receive a formal notice from the National Land Commission (NLC) or relevant agency stating that:

- Your land is required for a public project.

- The acquisition process is beginning.

- A valuation will be carried out, followed by compensation.

This notice is also published in the Kenya Gazette and local newspapers.

3. Valuation of the Land and Developments

Valuers appointed by the government will:

- Measure the size and location of the affected land.

- Assess any developments, including houses, buildings, or crops.

- Determine the current market value of the land and improvements.

4. Compensation

You are entitled to fair, prompt, and full compensation, which may include:

- Cash payment based on prevailing market rates.

- In some cases, alternative land of equal value.

- Damages for loss, such as destruction of buildings, crops, relocation, or loss of income.

🔸 To receive full compensation, you must provide a valid title deed or proof of legal ownership (e.g., allotment letter, lease agreement).

5. Dispute Resolution

If you disagree with the valuation or compensation offered:

- File a written objection to the NLC within the given notice period.

- If unresolved, you may pursue the matter in the Environment and Land Court.

6. Evacuation and Construction

Once compensation is paid, you will be required to vacate the land.

The government is then legally allowed to begin construction of the road or public project.

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Delays in compensation payments may occur, but by law, interest must be added for the late period.

- You may hire an independent valuer to verify the valuation report.

- Forced eviction without compensation or proper notice is illegal — you have the right to legal protection.

- Keep all land documents safely and updated in case of future claims or acquisitions.

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Importance of having your own land map

Why is Land Survey important?

Land survey is the process of measuring and mapping land to determine its boundaries, size, and features. It is important because it confirms legal ownership, prevents boundary disputes, and ensures accuracy in construction or land development.

When should I get a land survey?

Buying or selling land
Subdividing land
Resolving disputes
Building a home or fence
Applying for a loan against title deed

How much does land survey cost?

The cost depends on several factors such as size of land, location, terrain, type of survey (boundary, topographical, subdivision), and legal requirements. In Kenya, survey fees may also include government levies, registration fees, and stamp duty.

What documents do I need before a survey?

You will typically need: -

Copy of title deed or allotment letter
Land Registry map (RIM)
National ID and KRA Pin
Consent from Land Control Board (for rural property)

How long does survey take?

A basic boundary survey can take a few days, while subdivision and registration processes may take several weeks depending on approvals from lands offices.

Can survey help with land dispute?

Yes, a survey provides official measurements and maps that can be used as evidence in resolving disputes with neighbours in court.

Will I get my documents after the survey?

Yes, depending on the type of survey. For subdivisions, you will receive new mutation forms and updated title deeds. For boundary surveys, you will get a survey plan/map confirming your parcel details.

What is a cadastral survey?

A cadastral survey is a survey that establishes and records property boundaries in relation to the legal land register. It produces official maps and records used for issuing title deeds.

Do land surveys expire?

No, a survey itself does not expire. However, if land is subdivided, amalgamated, or new developments occur, a fresh survey may be required to reflect their changes.

Can I use old survey maps for new developments?

It’s not advisable. Old maps may be outdated due to changes in land laws, infrastructure, or subdivisions. Always request a current survey to avoid boundary or legal issues.

I have a title deed, is a survey really necessary?

Yes. A title deed shows ownership, but a survey confirms the exact location, size, and boundaries of the land. Many disputes occur because titles are not verified with proper surveys.

How do I know if my land has been surveyed?

Existence of survey beacons on the ground.
A survey plan/map from the Ministry of Lands or Survey of Kenya.
A registered survey number linked to your title deed.

What is the difference between freehold and leasehold land?

Freehold land: The owner holds it indefinitely; surveys establish boundaries for title deed registration.
Leasehold land: Ownership is for a set period (e.g., 99 years); surveys are required for allocation, renewal, or subdivision.

What is the difference between a land surveyor and a land valuer?

A land surveyor measures, maps, and defines land boundaries.
A valuer estimates the market value of land or property.

Both services are often needed in land transactions

Can I survey only a portion of my land?

Yes. If you want to subdivide or sell part of your land, a surveyor can measure and map only the portion in question, subject to Land Control Board approval.

What happens if Title Deed is different from actual land size?

Discrepancies can occur due to errors in older maps or encroachment. The surveyor will prepare a report, and you may need to apply for rectification at the Land Registry.

What is amalgamation?

Amalgamation is combining two or more land parcels into a single larger parcel.