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Plot Size in Title Deed vs Actual Size
ali
#1 Posted : Sunday, February 17, 2013 7:29:56 AM
Rank: Veteran


Joined: 6/11/2008
Posts: 892
Wazuans. Hi
I have a query to the land matters gurus.

There is this plot I am pursuing. The plot size in the title reads 0.1803 Ha. This translates into 0.45 Acres. Almost a half.

On measuring the plot size, the measurements are 71x223 ft. This comes to approx. 0.36 of an Acre. In essence, there is a big variance between the two.
Or am I missing something?
Land experts saidieni jameni

lennyirungu@yahoo.com
For in him (Jesus) we live and move and have our being-Acts 17:28
mawinder
#2 Posted : Sunday, February 17, 2013 7:46:20 AM
Rank: Elder


Joined: 4/30/2008
Posts: 6,029
First,put this thread in the right place for kina VJ and Marty to be able to assist.It once happened to me.I had 5 acres,sold off 3 acres and when the new titles came out,the buyer had his 3 acres in the title deed and my title deed had 3.5 acres.I didn't intend to sell the remaining portion but due to the favorable discrepancy,I sold it as one parcel i.e transfer due to the extra acreage.
xyzee
#3 Posted : Sunday, February 17, 2013 8:32:25 AM
Rank: Veteran


Joined: 1/9/2009
Posts: 1,262
mawinder wrote:
First,put this thread in the right place for kina VJ and Marty to be able to assist.It once happened to me.I had 5 acres,sold off 3 acres and when the new titles came out,the buyer had his 3 acres in the title deed and my title deed had 3.5 acres.I didn't intend to sell the remaining portion but due to the favorable discrepancy,I sold it as one parcel i.e transfer due to the extra acreage.


@mawinder
This is an extra 1.5 acres on paper! Didn't the new buyer notice that it looked abit weired?
Mukiri
#4 Posted : Sunday, February 17, 2013 9:05:16 AM
Rank: Elder


Joined: 7/11/2012
Posts: 5,222
mawinder wrote:
First,put this thread in the right place for kina VJ and Marty to be able to assist.It once happened to me.I had 5 acres,sold off 3 acres and when the new titles came out,the buyer had his 3 acres in the title deed and my title deed had 3.5 acres.I didn't intend to sell the remaining portion but due to the favorable discrepancy,I sold it as one parcel i.e transfer due to the extra acreage.

Isn't this stealing? And one brags about it on a Sunday?Sad

Proverbs 19:21
ali
#5 Posted : Sunday, February 17, 2013 9:36:19 AM
Rank: Veteran


Joined: 6/11/2008
Posts: 892
xyzee wrote:
mawinder wrote:
First,put this thread in the right place for kina VJ and Marty to be able to assist.It once happened to me.I had 5 acres,sold off 3 acres and when the new titles came out,the buyer had his 3 acres in the title deed and my title deed had 3.5 acres.I didn't intend to sell the remaining portion but due to the favorable discrepancy,I sold it as one parcel i.e transfer due to the extra acreage.


@mawinder
This is an extra 1.5 acres on paper! Didn't the new buyer notice that it looked abit weired?


How does this happen?
I was very much interested in the plot but the actual measuremements are a cause for concern.
How can this be rectified?
For in him (Jesus) we live and move and have our being-Acts 17:28
jamplu
#6 Posted : Sunday, February 17, 2013 11:09:01 AM
Rank: Veteran


Joined: 3/25/2010
Posts: 939
Location: Nai
Mukiri wrote:
mawinder wrote:
First,put this thread in the right place for kina VJ and Marty to be able to assist.It once happened to me.I had 5 acres,sold off 3 acres and when the new titles came out,the buyer had his 3 acres in the title deed and my title deed had 3.5 acres.I didn't intend to sell the remaining portion but due to the favorable discrepancy,I sold it as one parcel i.e transfer due to the extra acreage.

Isn't this stealing? And one brags about it on a Sunday?Sad


Wizi nayo!
mawinder
#7 Posted : Sunday, February 17, 2013 1:27:25 PM
Rank: Elder


Joined: 4/30/2008
Posts: 6,029
xyzee wrote:
mawinder wrote:
First,put this thread in the right place for kina VJ and Marty to be able to assist.It once happened to me.I had 5 acres,sold off 3 acres and when the new titles came out,the buyer had his 3 acres in the title deed and my title deed had 3.5 acres.I didn't intend to sell the remaining portion but due to the favorable discrepancy,I sold it as one parcel i.e transfer due to the extra acreage.


@mawinder
This is an extra 1.5 acres on paper! Didn't the new buyer notice that it looked abit weired?

No.I can tell all he did was a search and he proceeded to pay me as it was a transfer i.e no survey fees.@ Mukiri,I benefitted from an anomaly and this does not fit the definition of stealing.
@ali,corruption or carelessness by surveyors.After the incident,I have benefitted both ways especially in mashinani when buying and selling land but I laud you for measuring the land otherwise you would have lost.
mnandii
#8 Posted : Sunday, February 17, 2013 2:25:18 PM
Rank: Elder


Joined: 10/11/2006
Posts: 2,304
ali wrote:
Wazuans. Hi
I have a query to the land matters gurus.

There is this plot I am pursuing. The plot size in the title reads 0.1803 Ha. This translates into 0.45 Acres. Almost a half.

On measuring the plot size, the measurements are 71x223 ft. This comes to approx. 0.36 of an Acre. In essence, there is a big variance between the two.
Or am I missing something?
Land experts saidieni jameni

lennyirungu@yahoo.com

Indeed ur right on the size discrepancy. But if u check ua map (this shld b a general boundary title) it states that 'the map is not an AUTHORITY on boundaries). Simply put the map was created thr' a method with very low positioning accuracy, hence the caveat.

So variance btw the title size and ground is to be expected. The potential buyer has duty to verify the ground size before committing funds.

In essence, anybody buying a general boundary plot(i.e. those that get registered at the districts) is advised to base their purchase price on the ground size and not the figures on the title.
All the best.





Conventional thinkers waste time building shelters when they are unnecessary and then have no shelters when they need them the most. Socionomists do the opposite.
ali
#9 Posted : Sunday, February 17, 2013 3:11:11 PM
Rank: Veteran


Joined: 6/11/2008
Posts: 892
mnandii wrote:
ali wrote:
Wazuans. Hi
I have a query to the land matters gurus.

There is this plot I am pursuing. The plot size in the title reads 0.1803 Ha. This translates into 0.45 Acres. Almost a half.

On measuring the plot size, the measurements are 71x223 ft. This comes to approx. 0.36 of an Acre. In essence, there is a big variance between the two.
Or am I missing something?
Land experts saidieni jameni

lennyirungu@yahoo.com

Indeed ur right on the size discrepancy. But if u check ua map (this shld b a general boundary title) it states that 'the map is not an AUTHORITY on boundaries). Simply put the map was created thr' a method with very low positioning accuracy, hence the caveat.

So variance btw the title size and ground is to be expected. The potential buyer has duty to verify the ground size before committing funds.

In essence, anybody buying a general boundary plot(i.e. those that get registered at the districts) is advised to base their purchase price on the ground size and not the figures on the title.
All the best.



The Plot is Already Developed. The current owner has fenced asnd developed it.

Will the Kenya survey Map help/ or do I get a surveyor first?
The actual length of the plot is much bigger, probably 280 to 300 Ft. the Plot fronts a Dam.
However, the length above 223 (i.e. like 60Ft-80Ft) is some sort of Dam reserve. I.e. there is a Dam like 1km away and there is the normal reserve area that such water bodies are allocated.
Though the water can never get to that extent and, the owner has actually been using it (like all the neighbors, it’s fenced and farmed. But, it’s not part of the plot in the paper.


For in him (Jesus) we live and move and have our being-Acts 17:28
Vj
#10 Posted : Sunday, February 17, 2013 9:17:17 PM
Rank: New-farer


Joined: 9/6/2010
Posts: 97
Location: nairobi, kenya
The first thing you should do is talk to the owner, he might know something you don't.

Then get a surveyor to establish the beacons if they aren't there and let him work out the area. More often than not you'll find someone has encroached on your property. If not there was an irregularity while subdivision or in the records. If the latter is the case than talk to the owner and try negotiate the price downwards on the basis of the reduced acreage.

The reserve land is not yours but the chances of someone from the govt to come disturb you when using it are almost non-existent. I have seen people build high rise towers on reserve land adjacent to their plot, but take caution.

Mawinder you are a lucky fellow, always do your due diligence as a buyer when it comes to property and don't go blaming people later.
Before you can be be old and wise, you must first be young and stupid.
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