HOW ONE MAY CONDUCT SEARCH ON LEASEHOLD IN UGANDA
LAWS APPLICABLE/
- THE CONSTITUTION OF THE REPUBLIC OF UGANDA ,1995 AS AMENDED.
- LAND ACT 1998 AS AMENDED
- THE LAND AMENDMENT ACT 2004.
- THE RTA CAP 230
- 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 legal due diligence which includes 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 Uganda has now got land computerised 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/file because sometimes it takes long to update the computer system with vital data after transactions.
- Ascertain the land you want to buy by visiting and getting all its details including its certificate of title.
- Know who you want to buy the land from by getting all his necessary details identifying him.
- Get documents from the seller confirming his ownership i.e. copy of certificate of titles, sales agreement, court order if the land is being sold under court order among others .
- Ask who own(s) that piece of land from the prospective seller and neighbors
- Find out from the village leaders about ownership, size if possible measure it and boundaries of that land
- Ask from neighbours of the land about ownership
- When it comes to boundaries look for mark stones at every corner of that land
- In case you find any development on the land be it a house, garden, materials or any plant find out how it came about .
- Make a written request for a search by filling in the search forms at the Office of registrar of Titles in that area giving the description of the Land i.e. Leasehold Register Volume & Folio No.
- Present the application /search form to cashiers office at the Office of registrar of Title search fee you are supposed to pays
- The Cashier assesses the application, indicates how much to pay and which bank to make the payment to.
- You pay that amount in the bank and obtain a receipt
- Present the receipt to the cashier at the Office of registrar of Titles, cashier will stamp on you search later.
- Take that letter to the receiving area and submit however remain with photocopy of that search latter for follow up purposes
- The file will be retrieved and a search letter signed by a Registrar of Titles and issued to the applicant.
- Ask for permission to look at the physical file for purpose confirming whether the picture(passport photos ) and signature in the file are for the prospective seller as per his or her identities
NB.engage a lawyer of your choice to conduct legal due diligence because may search may not be enough in some instances.
Do not rely on the computerized system information alone because some transaction may not be entered in the computer system or some transactions may be pending entry.
approximate cost 3% of the intended total purchase price/value of the property but not less than ugx 1 million
Author is A regional transactions legal consultant (ADVOCATE) at NOA REGIONAL ASSOCIATED ADVOCATES AND LEGAL CONSULTANTS
Email address: onlinetransactionconsultancy@gmail.com.
Contacts. +250787311255, +256788105242,
What sup +256788105242,+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, you may contact the author at online consultancy fee, or contact any transaction legal consultant of your choice.
For avoidance of impersonation, all email correspondences/communication from me to you must be followed up with a phone call on the above mobile number to verify the contents of replies from my email account pertaining a given subject matter..
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