Procedures of acquiring a land title
Always visit the land to ensure your plot exists. Photo by Stanley D. Mukooza
Acquiring land and a valid land title is very easy when you follow the right procedure.
Muhammes Kizito, a real estate manager, explains what one should do when processing a land tittle.
Visit the site
Kizito says even if you had already paid for the land, you have to visit the site and verify if the plot you bought still exists. This is the first step one needs to take when purchasing land and acquiring land a title.
“A site tour will help you know the area in all aspects of economic and social infrastructure. Site visit also helps you appreciate the neighborhood, the geography and other preferred features,’ Kizito says.
He adds that once satisfied that this is the right land you bought, get to know the property type, the land tenure system and the original owner.
Get a lawyer
Kizito says a professional advocate is very crucial almost at all stages of land purchase and acquisition. He will advise you technically on what to do and help you avoid any mistakes that can happen after acquiring the land.
“An advocate will help you in the search for the original owner of the land in the Land Registry Office because she or he will know what is required and the procedures to follow when getting crucial information,” Kizito says.
He adds that your lawyer can help you verify the validity of the title of ownership in the land office. You will need a photocopy of the land title deed from the seller.
Meet the original owner
Kizito says once you are contented with the search results as presented by the lawyer from the lands registry, meet the original owner of the land to verify if the information you gathered is the same as what the owner has. Meeting the owner will also give you an opportunity to negotiate a fair fee for the land title. “You must meet the real owner of the property.
In case he is around, meet the person entrusted to sell the property even if you have used land management service . Anyone who is not the owner must hold the powers of attorney which empowers him to do such transaction on his behalf,” Kizio says .
Use a professional surveyor
Joanita Ndiwalana, a lawyer, says you have to verify the property size before executing the acquisition of land title.
Get a professional registered surveyor to carry out a topographic survey of the land and confirm to you the size and shape as indicated on the title.
“The surveyor will also identify the land boundaries and mark stones. And he will issue to you a survey report in that respect to avoid future conflicts with the neighbours,” Ndiwalana says.
Payment of land tittle
Ndiwalana says if you are ready to acquire your land title, you must know if the payment rate for the title is a legitimate requirement and the seller should clear any pending debts on the property before completing the transaction.
“The seller should present a clearance certificate for the land before it is transferred to the buyer, including the original land title, transfer documents if any and consent to transfer,” Ndiwalana advises.
She adds that the lawyer of the seller organises transfer documents to be executed by both parties.
These documents will only be accomplished following an issued consent to transfer by the commissioner of lands.
Requirement for transfer
When the registration course is done, the lawful possession of the land shall have legally changed hands there and then and have independent ownership.
For a legal transfer of ownership to take place, one needs: The original title deed of the land, original stamp duty assessment forms and receipt, duly stamped transfer documents, original paid-up land rents receipts
Clearance certificate, stamp duty valuation report, original land rates clearance certificate, consent to transfer plus application for registration.
