PROCEDURE FOR BUYING LAND IN UGANDA

PROCEDURE FOR BUYING LAND IN UGANDA

1. Decide on which land tenure system you want to purchase, there are four land tenure systems in Uganda under which land can be owned as per article 237 of the Constitution and section 2 of LAND ACT 1998 namely, customary land tenure; freehold land tenure; mailo land tenure; and leasehold land tenure.
   • Customary Land Tenure: is a form of tenure—applicable to a specific area of land and a specific description or class of persons; subject to section 27, governed by rules generally accepted as binding and authoritative by the class of persons to which it applies, it is applicable to any persons acquiring land in that area in
     accordance with those rules; subject to section 27, characterized by local customary regulation; applying local customary regulation and management to individual and household ownership, use and occupation of, and transactions in, land;(f) (g)(h)providing for communal ownership and use of land; in which parcels of land may be recognized as subdivisions belonging to a person, a family or a traditional institution; and which is owned in perpetuity. Most land in Uganda is customary, it is not registered under registration of titles Act though one can obtain certificate of customary ownership at the district level, only Ugandans can own/acquire land under this tenure system section 1 of LAND ACT 1998.
     Freehold- Land Tenure:. Freehold tenure is a form of tenure deriving its legality from the Constitution and its incidents from the written law which—involves the holding of registered land in perpetuity or for a period less than perpetuity which may be fixed by a condition; enables the holder to exercise, subject to the law, full powers of ownership of land, including but not necessarily limited to section 5 of LAND ACT 1998.
   • The Land Act recognizes it as one of the four land tenure systems through which access to land rights may be obtained. Its incidents are defined to include registration of title in perpetuity and conferment of full powers of ownership (i.e. the power of use, abuse and disposition). Dealings in freehold land are governed by the Registration of Titles Act (Cap. 230). Only Ugandans can own/acquire land under this tenure system
     Mailo Land Tenure: Mailo tenure is a form of tenure deriving its legality from the Constitution and its incidents from the written law which—
     (a) (b)involves the holding of registered land in perpetuity;permits the separation of ownership of land from the ownership of developments on land made by a lawful or bona fide occupant; and
     (c)enables the holder, subject to the customary and statutory rights of those persons lawful or bona fide in occupation of the land at the time that the tenure was created and their successors in title, to exercise all the powers of ownership of the owner of land held of a freehold title set out in subsections (2) and (3) and subject to the same possibility of conditions, restrictions and limitations, positive or negative in their application, as are referred to in those subsections. Section 4 of LAND ACT 1998.

Land held under mailo tenure is confined to Buganda (Central Uganda). This tenure system confers specie of freehold granted by the colonial government in exchange for political co-operation under the 1900 Buganda Agreement. the mailo tenure system recognizes occupancy by tenants (locally called Kibanja holders), whose relationship with their overlords is now governed by the provisions of the Land Act. Mailo land, like freehold is registered under the Registration of Titles Act. All transactions must therefore be entered in a register guaranteed by the state. Only Ugandans can own/acquire land under this tenure system.
• Leasehold Tenure: Leasehold tenure is a form of tenure—created either by contract or by operation of law;the terms and conditions of which may be regulated by law to the exclusion of any contractual agreement reached between the parties;under which one person, namely the landlord or lessor, grants or is deemed to have granted another person, namely the tenant or lessee, exclusive possession of land usually but not necessarily for a period defined, directly or indirectly, by reference to a specific date of commencement and a specific date of ending; usually but not necessarily in return for a rent which may be for a capital sum known as a premium or for both a rent and a premium but may be in return for services or may be free of any required return; under which both the landlord and the tenant may, subject to the terms and conditions of the lease and having due regard for the interests of the other party, exercise such of the powers of a freehold owner as are appropriate and possible given the specific nature of a leasehold tenure section 5 of LAND ACT 1998.

• The leasehold can be obtained from any tenure system whether customary, freehold or mailo. It involves the derivation of land rights from a land lord/owner and the enjoyment of such rights in exchange of conditions including, but not limited to, the payment of rent. The leasehold transactions, being essentially contractual allow parties to define the terms and conditions of access in such a manner as to suit their reciprocal land use needs. The leasehold is particularly useful in urban areas or in situations of rapid changes in land use or market demands, both Ugandans and non Ugandans can acquire land under this tenure system

2. Identify the piece of land you wish to purchase
3. Identify the owner/registered proprietor of that piece of land
4. If the person selling you is other than the owner he/she should provide you with registered powers of attorney granting him or her authority/power to sell that piece of land.
5. The prospective seller should provide you with all documents confirming his ownership and identity for your verification
6. Find out the asking price of that piece of land whether it is within your budget
7. if the price is within your means conduct legal due diligence ( this is the most important stage in land purchase)
8. Ascertain ownership of the same piece of land by carrying out physical search on the land and if it is registered land conduct search at the land registry in that area.
9. If you are satisfied with ownership of that piece of land, negotiate the terms and conditions for the intended purchase or engage a lawyer for that purpose. Most people concentrate on negotiating price alone leaving key issues unattended to which sometimes render land sales sour.
10. If there are other people with interests in the land ,consent must be obtained from them in writing i.e. spouse,company,among others
11. If you have agreed with the buyer in your negotiations, reduce your agreement in writing, have some people to witness and pay as per that agreement.
12. All documents transferring ownership from the seller to the buyer should be signed and handed over to the purchaser depending on the land tenure one is purchasing.

The author is A regional transactions legal consultant (ADVOCATE) at NOA REGIONAL ASSOCIATED ADVOCATES AND LEGAL CONSULTANTS.

Incase incase you need our assistance over the same kindly click on https://noaraalc.com/appointment/ and book an appointment or use the contacts below
Email address: onlinetransactionconsultancy@gmail.com.

contacts. +250787311255,+256788105242,
What sup,+250787311255

NOTE: whereas the author has made necessary efforts to ensure the accuracy of this post, it is not intended to provide specific legal advice to a particular individual as individual situations may differ. For specific technical / legal transaction advice on this subject matter and related subject,

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