admin
Blessings Chidakwa
Herald Reporter
The long-running conflict between Clever Hills residents under Crowhill and Mt Breezes Estate has taken a decisive turn, with documents from the Surveyor General’s office supporting Mt Breezes’ position that the contested road does not legally exist.
According to the documents in possession of this publication, the road in question is absent from all Surveyor General maps and local authority records.
It is identified as an illegal path cutting through private property on Mt Breezes, confirming the estate’s earlier claims.
The findings align with a 2020 High Court ruling (HC 4174/2020), which determined that no authorised public road connects the two properties. The judgment upheld Mt Breezes’ rights to enforce its private servitudes and restrict access.
Mt Breezes Residents Association spokesperson Wilson Mhuri reiterated that Clever Hills has a subdivision layout approved in 2013, which provides a legal route to a public roundabout.
“We have always maintained that the so-called road is an illegal path. These findings vindicate our position,” he said.
Despite the legal clarity, Clever Hills residents have continued using the path, prompting Mt Breezes to set up surveillance and pursue legal action against trespassers.
The estate has also accused Clever Hills developers of failing to construct a proper road in accordance with their approved plans.
Online Reporter