HOW TO CARRY OUT A SUB DIVISION ON FREEHOLD/LEASEHOLD LAND TO TRANSFER THE PARCELLED OUT PLOT(s) TO ANOTHER PERSON
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- 1995 CONSTITUTION OF THE REPUBLIC OF UGANADA AS AMENDED ARTICLE,
- LAND ACT 1998 CAP 227 AS AMENDED
- REGISTRATION OF TITLES ACT CAP 230
- The registered proprietor writes to the district land officer informing him or her about her desire to subdivide the land.
- The district land officer shall prepare a letter requesting the district staff surveyor to issue instruction to survey the said land.
- Get a registered surveyor to prepare, sign and stamp a request to survey addressed to district senior staff surveyor of the area where land is situated.
- Submit both requests to the district senior staff surveyor for issuances of instruction to survey number in respect of the said land.
- The instruction to survey is issued and printed accordingly
- The surveyor opens the boundaries of the piece of land being subdivided, parcels out the exact piece by measuring the area (size) from all ends of the land.
- The survey then reduces the measurements on paper showing both the size of land being parceled out the residue (the remaining land).
- Obtain form PPA (Under the Physical Planning Act, 2010) from a physical planer at local authority fully filled by the registered owner, dated and signed by all the necessary Parties.
- Have the instruction to survey assessed by cashier for purposes of paying fees.
- Pick assessed bank slips and pay as advised.
- Take back the instruction to survey to cashier for purposes of acknowledging payment of the fees by stamping on the instruction to survey.
- Present fully filled instruction to survey, an Area Schedule, Receipts of checking fees, Deed Plan fees, and photocopy Certificate of title and passport photographs to district senior staff surveyor to pass it and give instrument number to survey that piece of land.
- The mutation form together with accompanying documents is forwarded to ministry senior staff survey at land registry for approval.
- Once the documents are approved by the ministry senior surveyor, they are forwarded to the drawing office.
- At the drawing office Cartographer makes drawings of the both the piece being parceled out and the residue.
- The Cartographer then plots the parceled piece of land and forwards for posting to Entebbe.
- The deed print/plan is then posted to Department of land mapping and survey at ENTEBBE then forwarded for posting to the ministry.
- The deed print/plan or blue print (now it is white) is then posted to the ministry of lands and forwarded for printing
- The deed print/plan is printed and signed by both the senior staff cartographer and ministry senior staff surveyor at land registry zone.
- Collect the deed print, take to the cashier to assess registration fees which you should pay at the bank.
- The registered proprietor signs A Transfer form in respect to the plot number as per deed print/plan describing the land being transferred in favor of the transferee.
- The transferee signs on the transform too together with two consent forms.
- Both the transferor/seller/donor and transferee/buyer/donee should attach their respective passport photos On the transfer forms.
- Take the transfer forms to the lawyer or a qualified person for witnessing the transfer.
- Presents the documents to the Valuation Division for valuation assessment for Stamp duty.
- The property or land is assessed at market value by or on behalf of chief government valuer at respective district land registries.
- Checks with the Valuation Division to pick the form and proceed to pay stamp duty and registration fees in the Bank as assessed by the Chief Government Valuer.
- Pay the stamp duty and registration fees in the bank advised and get a receipt and transfer form embossed by Uganda Revenue Authority (URA).
- Submit the deed print/plan, transfer form and the mother duplicate certificate of title together with, Receipts and Photocopies of all documents to the Office of registrar of Title.
- The photocopy is stamped ‘Received’ and returned to the client and told when to pick Duplicate Certificate of Titles.
- The Photocopy is stamped ‘Received ‘returned to the Applicant, you should be told when to pick Duplicate Certificate of Freehold Title
- The file at land registry (white page/original certificate of title) is requested for and retrieved from strong room.
- The submitted documents are reviewed by ministry land officer at district land registry; they may be approved or rejected.
- Once approved, the documents are forwarded to registrar of titles for issuance of a Title.
- Upon receiving the documents, registrar of titles reviews them again and issues instrument number to effect subdivision on the mother title and processing of the title in respect of the new plot.
- The registrar then authorizes printing of the title and typing of the particulars thereof.
- The title is then brought to the registrar for signing and sealing.
- Present identification documents and the Photocopies to collect the Duplicate Certificates of Title (For the new plot and residue area)
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 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.
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