A caveat will protect your land from fraudsters

Frederic Bastiat, a philosopher, said we all have a natural right from God to defend his person, his liberty, and his property. Therefore, protecting ones land from fraudsters, covetous relatives to the deceased and other claimants is key.
Experts say the best way to prevent any land transactions from taking place is by lodging a caveat.

Daniel Oundo, land registrar, defines a caveat as an encumbrance lodged on land to prohibit transactions. It is regulated by the Regurgitation of Titles Act cap 230. In legal terms, George Kintu, an advocate says it is referred to as ‘lodging a caveat’ which means applying to the registrar of titles to enter on the encumbrance page on the certificate of title a caveat, or an entry forbidding transactions.

Oundo says it benefits people such as a land purchasers who have paid part of the money especially immediately after death or by a tenant on leased land, although at times it may be done by a lender under an equitable mortgage or a person who has a benefit of a court order concerning the land.

But, he cautions, the caveator must provide details for his claims with the truthful description of the piece of land to be caveated, plus sketches.

The process
The process, Kintu says is by lodging an application accompanied by a statutory declaration to the registrar. This entails filing a caveat which is drafted by lawyers stating the reason you want to caveat land. For instance, either a title is lost or a registered owner is dead, cases of fraud, deprivation of land, among others, with a declaration of the grounds of lodging the same.
“The above must be accompanied by a photocopy of the applicant’s identification and a passport size photo. A lawyer will then interrogate you to establish your interest. In some instances such as impersonation, it may be rejected,” he retorts.

Then, place the above documents for assessment in lands office and pay the requisite fees to have them registered. He notes that there are standard payments for lodging a caveat. For stamp duty, one requires Shs10, 000, Shs15, 000 for registration and if the caveat affects more than one title, one pays Shs5,000 for each extra title, as provided in section 139 of the Registration of Titles Act.

Meanwhile, a caveat has an expiry date. Samalie Khainza, an advocate and commissioner of oaths, advises that in case it is about to expire, you can prevent lapsing (it’s expiry) by lodging an order of the Supreme Court to extend its expiry date.

Risks
Going about it. That said, if your land has no caveat, you risk losing it and Khainza says litigation (court process) is more costly than lodging a caveat. Christine Nekesa, a retired Land Valuer notes that a caveat may be withdrawn by a court order or another party (caveatee) may request the caveator to remove it. Sometimes the caveator may remove it when the interest claimed under the caveat is satisfied. Therefore Nekesa cautions that caveated land is like a fence laced with electrified laser wire. “You touch it at your own risk since any form of registration will require the presence of the caveator”.

Benefits

Oundo highlights that the sole benefit of a caveat is to protect the caveator’s interest by forbidding transactions on the land that offends his interest.

Guard against fraudsters
According to Khainza, caveats aid one to resolve land issues or wrangles without court intervention. This is because the one who has seen the caveat will contact you to find out why you lodged the same and you settle. “It is therefore used to guard against fraudsters”.
With a caveat, she says, speedy transfers are unsuccessful. It is unlikely that one will claim for land that has a caveat and definitely no one can and will buy it. If he does, it is at his or her own risk.”

Protect your land
Also when one passes on, their land is saved from being taken by unknown people or covetous relatives. That is why it is advisable that when a land title is lost, one first lodges a caveat to stop transfer while he or she traces or applies for a new one.
Notably, when a caveat is lodged by a beneficiary to the deceased, it does not lapse and cannot be terminated by anyone except the caveator or by court order. However, the caveat can be removed by the beneficiary any time.

Solves disagreements
Above all, she says disagreements on land are easily solved by caveats. However, proprietorship or other transactions might take place without the knowledge of the caveator or consent.

“Anyone who makes claims has to have original documents of the title that have been witnessed by the lands registrar, a statutory declaration by the commissioner of oaths, also referred to as an affidavit, a dated caveat application, passport photos and receipts of payment,” Khainza highlights, stating that these are what one requires to back his or her claim to the title.

Nonetheless, Kintu warns that fraudsters exploit the system and cause transfers illegally. “You need to seek legal help in order to understand the details of caveats so as to avoid being exploited,” he recommends.

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