Land fraud. Here’s how to fool proof your land title

Mzee Stephen Oketcho, 57, a resident of Kiswa Bugolobi a Kampala Suburb recently launched a hunger strike protesting a decision by the City Council to grant UWESO a land title of Plot 100 Spring road Bugolobi. On the same plot are hostels established in 1958 by the Uganda Ex-prisoners Development Association (UEDA) where he is a board member.

Same land title given to two organisations
The plot he claims was given to the organisation by the colonial government in 1957 and was part of the estates of the Uganda Prisons Services until recently in 2003, when UEDA learnt that a land title for the same had been drawn and registered by the then Kampala City Council which later gave it to UWESO to develop the land despite endless requests from the UEDA to be granted a land title since 1999.
“This is injustice; we would have been given a chance to first, not just to go behind our back. The UEDA has potential to develop this land why grant another organisation yet as sitting tenants we had been requesting for a title in vain. I am not eating,” Mzee Oketcho asserted.

500 titles cancelled
Two weeks before that, many scampered when junior minister for lands Hon. Aidah Nantaba announced about 500 land titles were fraudulently acquired and therefore will be cancelled putting certain renown real estate players in question. This move has however sparked a series of views and questions in the public, among real estate brokers and property owners especially about what and how does one know he has a genuine land title.

Ugandans gullible
According to Dennis Obbo, Spokesperson at the Ministry of Lands, Housing and Urban Development most individuals in Uganda cannot tell a genuine from a forged land title, a loophole working for the benefit of conmen in the real estate/ property business especially in town.

“The public is ignorant, unsuspecting and naïve. This is why fraudsters duplicate (land) titles while the original still exists and says otherwise. What happens is that most fraudsters have gone to pick information from the register and printed their own land titles which are fake,” explains Mr.Obbo

The features of a genuine title
“A genuine land title” he says “ is issued by the office of tittles which is under the ministry’s registry at the ministry of lands, Housing and Urban Development . The original copy of the land title then remains at the registry and the proprietor goes with the duplicate of the same.”

Both copies however must bear the same detailed features including the name of the land owner, instrument number, date and time of registration, area and any other encumbrances in relation to the piece of land say mortgage, caveat or any other party interested in the land in question.

In addition, according to the Access to Information Manual produced by the Lands Ministry last year, genuine land titles must bear a seal of the office of titles, a print deed showing the map of the land in question, its actual location and survey marks and other survey details describing the land. It must have a reference number and an instruction to survey, both of which if verified will clearly show the actual piece of land in question.

The Torren’s titles system
Due to a general lack of information on land matters among the public and the absence of a national policy or law directly governing real estates in Uganda except the Torrens titles system which the country like many former British colonies follow Mr Obbo explains that “basically people do not know land registration procedures and this is where it all begins from. The ministry is in the process of drafting a policy governing real estate development but in the meantime the ministry has come up with new administrative measures to properly record and manage real estate industry and land title registration”

Under the Torrens title system not all transactions are registered on the duplicate or owner’s copy but on the original copy which remains kept at the registry. However, this has given more conmen a way head of the game duping naïve purchasers as they (rraudsters) pose as land agents if not owners.So one must be very careful where land titles are concerned

Do not be duped into buying stolen land

1In order to weed out land title fraudsters, government works closely with and relies much on information provided by the Association of Real Estates Agents (AREA) to regulate the industry.

“We have discovered that some of these fraudsters actually work with some people with in the ministry to access certain sensitive information regarding land titles especially of redundant land and we have put measures to address the matter including digitalising the system” Charles Obbo , spokesperson at the Ministry of Lands, Housing and Urban Development says

2But still this cannot be the final full dose against the habit, vigilance is as well important. The access to information manual explains that to beat any fraudster at his game one must visit the land and physically and personally inspect it. Talk to the neigbours and if there is any thing like a dispute one must not buy because you are buying “problems.” The elderly, illiterate, women and disabled form the biggest bunch of victims duped for land.

3“There is no small issue concerning land any land matter is usually bigger than it literally seem to be. It is also important to meet the actual owner of the property and it is a good practice to come with the owner to the land registry to confirm title transfer and this should be done before full payment” the manual reads in part.

4Hiring a trusted property consultant say an advocate to interpret for you is always the most viable option since land is always highly attached to legal issues At the same time the lawyer will establish the factual and legal position of the land title before payment.

5It is also as crucial before one makes any payment to cross check with the office of titles and see whether the original title exists.