HOW TO CONDUCT SEARCH ON CUSTOMARY LAND IN UGANDA

HOW ONE MAY CONDUCT SEARCH ON CUSTOMARY LAND IN UGANDA

• THE CONSTITUTION OF THE REPUBLIC OF UGANDA ,1995 AS AMENDED.
• LAND ACT 1998 AS AMENDED
• THE LAND AMENDEMENT ACT 2004.
• THE RTA CAP 230
• CUSTOMARY LAW OF THE COMMUNITY WHERE LAND IS SITAUATE.
• AMONG OTHERS

 

Land is very precious since time immemorial, before sealing any land purchase YOU MUST KNOW THE LAND YOU INTEND TO BUY, THE PERSON SELLING AND THE CAPACITY UNDER WHICH HE/SHE IS SELLING since it is not like any general merchandise you can buy without knowing the owner and his particulars.

It is necessary for whoever is desirous of acquiring/purchasing any particular land to conduct search for purposes of confirming or finding out the actual owner, the interests comprised in the land (tenure system), encumbrances if any, the size of the land,demarcations,access road among others.

Whereas we now have computerized system in Uganda, I do not encourage anyone to rely on computer information alone without cross checking the original title file at land registry commonly called white page because sometimes it takes long to update the computer system with vital data after transactions.

1. Ascertain the land you want to buy.
2. Know whom you want to buy from.
3. Get documents from the seller confirming his ownership ie,sales agreement, a will, a letter from Local leaders showing that he is the rightful owner. Family meeting minutes giving him or her that piece of land among others.
4. Ask who own(s) that piece of land from the prospective seller, neighbors, users if any and local leaders.
5. Find out whether there other people with interests on that land.
6. Find out from the village leaders about ownership, size if possible measure it and boundaries of that land.
7. When it comes to boundaries look for traditional boundary shrubs locally known as ewanyi,trees or natural physical features like swamps, rivers.
8. In case you find any development on the land be it a house, garden, materials or any plant find out who owns it.
9. In case that land is registered with the district land registry where certificate of customary ownership was issued kindly go and look at the file.

Author is A regional transactions legal consultant (ADVOCATE) at NOA REGIONAL ASSOCIATED ADVOCATES AND LEGAL CONSULTANTS
Email address: onlinetransactionconsultancy@gmail.com.

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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 legal transaction advice on this subject matter and related subject, you may contact the author at online consultancy fee, or contact any transaction legal consultant of your choice.
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