HOW TO TRANSFER FULLY PURCHASED LAND INTO YOUR NAMES IN ABSENCE OF FULLY EXECUTED TRANSFER FORM IN UGANDA WHEN THE SELLER AND HIS/HER RELATIVES CAN NOT TRACED .(How to transfer land by vesting order issued by Commissioner land registration)

This procedure is applicable where one has fully purchased land from the registered proprietor or from the person whom the registered proprietor sold without completing transfer forms in his or her favor and thereafter cannot be traced including the relatives,ie

  1. OKUMU sells you his registered property in NTINDA without completing transfer forms in your favour or the transfer forms were completed but lost. You have searched for okumu and any of his relatives without any success
  2. Okumu sells his register property to OUNDO without completing transfer forms and oundo sells the same property to you still registered in the names of OKUMU but you cannot trace OKUMU or his relatives.

In this cases one can transfer the property in issue by way of vesting orders from the commissioner land registration.

Below is the procedure

  1. OBTAIN your identification documents and all other evidences proofing that you purchased this land fully.
  2. Approach transactions legal consultant/ADVOCATE/MAITRE/AVOCA/WAKILI, Lawyer of your choice with the documents regarding your purchase for verification.
  3. Make application for vesting orders under section 79 of the RTA addressed to commissioner land registration (though you may address it to registrar land titles it will be referred to the commissioner for consideration), ministry of lands.(see the post on how to prepare vesting order application on this site).
  4. Prepare the statutory declaration in support of the application for vesting orders.
  5. Go through the contents of the application and the statutory declaration in support if they are true print four copies and append your signature.
  6. Attach all the supporting documents on the application and take it for registration fee assessment.
  7. Upon assessment, proceed to pay as directed and submit the application together with the duplicate certificate of title to the office of Commissioner land registration.
  8. The application shall be reviewed by the commissioner for land registration and if he is certified, he or she shall ask for valuation of the land from Chief Government VALUER for purposes of paying the stamp duty and security fee/assurance.
  9. Sometimes depending on how you acquired the said land, the notice of the application may be prepared and published in the gazette for three months at your expense.
  10. The chief Government Value shall then value the property and return the report to the Commissioner Land registration.
  11. The commissioner land registration shall then instruct you to pay the same and bring payment receipts.
  12. Upon submitting the receipts, vesting order shall then be issued to you.
  13. Make photocopies of all the documents
  14. Proceed to the land registry of the area where land is situated and submit all the original documents for transfer of the same including the duplicate certificate of title.
  15. In case you do not have duplicate certificate of title; you will be required to process the special.
  16. The registrar shall then review the documents for purposes of transfer.
  17. If he or she is convinced the transfer shall then be affected in your favour and the title issued to you.

approximate cost .stamp duty 1.5% of the total value,assurance fee, instruction fee of 10 % of the total value but not less than ugx 5 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

Whatsapp +256788105242,+250787311255

Okumu Martin,Regional Transaction Consultant(Advocate)

 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.
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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