No access road to your plot: what the law says
Land Act, 2012 · sources read 5 Oct 2026
If your land has no access, you can apply to a court for an access order giving you reasonable access over neighbouring land; the court weighs how the land got landlocked, any talks with the neighbour and the hardship to each side, and can make you pay reasonable compensation. Owners can also agree an easement in writing, and a right of way that existed when the land was first registered binds the land even if it is not on the title.
- Where
- Environment and Land Court (or an empowered magistrate's court) for an access order; the land registry to register an agreed easement; the National Land Commission for a communal right of way.
Steps
- Try to agree with the neighbour: an owner can grant an easement (right of way) to another plot by a written instrument in the prescribed form, which is then registered.
- If there is no agreement, apply to the court for an access order granting reasonable access to your land.
- Serve the application on the owners of each neighbouring plot, anyone you know claims an interest in them, and the county government.
- For a path the whole community needs, the county government, an association or a group of people can apply to the National Land Commission for a communal right of way.
Watch out
- The court can order you to pay reasonable compensation to the neighbour whose land the access crosses.
- The court looks at whether you tried to negotiate an easement first, so keep a record of your talks with the neighbour.
- A right of way that existed when the land was first registered binds the land even if it is not written on the title.
Who this covers
- Owners of landlocked land.
- For a communal right of way: a county government, an association or any group of people.
Official sources (2)
- Land Act (Cap. 280, No. 6 of 2012), version of 4 November 2025 new.kenyalaw.org · read 5 Oct 2026
- Land Registration Act, 2012 (No. 3 of 2012) new.kenyalaw.org · read 3 Oct 2026