13/04/2022
DON'T BE CHEATED; A STEP-BY-STEP GUIDE TO BUYING LAND IN UGANDA FROM BAREFOOT LAW
Land cases have become a constant in our daily conversations with many of you. Bakita has been saving up her monies from her formal employment and now wants to invest in real estate/land. Here is some guidance we gave her, and would like to share with you too.
Before one buys land, there is need to pay attention to a step-by-step procedure to ensure that you do not buy ’air’ from one who may be fraudulently trying to do so.
Under the land laws of Uganda, every Ugandan who is capable of, can buy land. For most Ugandans, buying land is often a big financial decision and so should be done with utmost due diligence and keenness to not fall victim to fraud.
PROPERTY AGENT
Despite the fact that cases of fraud continue to emerge in the real estate industry, many individuals know that the safest way to buy land or any other properties in Uganda is by working with a professional real estate agency or agent. Working with agencies is very effective because it saves a lot of time and money.
Professional reals estate agents adequately take care of their client’s property search needs and provide them with thorough information. Unless you have time to make your land or property search, an agent is very ideal. An agent is that individual who will most likely be able to match you with the perfect property much faster. If you’re looking for something specific, a real estate agent should know if the land out there is fit for your needs, and he or she will work with you until its final acquisition.
SITE INSPECTION
After choosing your agent, you will have to view various pieces of land with him or her. Site inspection is very important. Avoid buying what you have not seen physically. Never seal a land transaction without making the initiative to visit the site. Simply do not make an office transaction basing on descriptions before satisfying yourself with a site visit.
During your site inspection, you will find out the exact location of the property, the neighbourhood and other aspects of the place that is likely to be your new home/property. Things such as the crime rate, access roads and access to social amenities can only be ascertained with a site visit.
To get more information about the site, talk to local leaders and immediate neighbours to give you their view on the status of the plot and the area at large, they can offer you helpful information.
It is advisable to make another inspection without the seller to avoid cases of compulsive purchases and get the true picture of the property. Some people can’t offer full information in the presence of the seller for fear of offending them. They feel shy to reveal some information, but they open up in their absence. It helps you to weigh your investment decision.
PROFESSIONAL SURVEYOR.
It is essential to open the boundaries of a plot before buying it or to at least carry out a preliminary survey for untitled land. Always use a registered surveyor of the Surveyors Registration Board (SRB) since these are the only ones permitted by the Surveyors Registration Act to sign survey reports.
Boundary opening is the process of showing the landowner where his land is, where it passes and locating the existing corner mark stones of the plot. This is done using a land title to guide the process.
Boundary opening helps to confirm whether the information on the land title is what is on the ground. It reveals the actual size of the land and it also allows one to physically view the entire land to check any encroachments. The Surveyor will also conduct a Title search for you. A survey report carries a lot of weight, note: It must be signed and bear a stamp of that registered land surveyor.
PROPERTY VALUER
It’s advisable to engage a valuer before you make a purchase in the property market. A valuer guides you on the market value of the property and this prevents you from buying above the market price without your knowledge.
This further guide you on what bid to place for that particular property. Quite often, properties have been inflated to unrealistic values.
A valuer can rescue the situation to get you real value for your money. Information is a key factor in the property market especially property prices. Valuers have the required skills and information to attach appropriate value to property after a thorough research of the property market. They give a reliable opinion of value which helps you make an informed decision for that purchase.
LAWYER
Making an offer for property and entering a contract for sale without knowing your legal rights can have profound financial consequences. When you buy a property in Uganda, your rights depend largely on what’s in the contract for sale and because no two properties are the same, no two contracts will be the same either.
The contract for sale/sale agreement must clearly identify the property as well as the terms on which it’s being sold. The most common documents to attach to a contract include:
1. A letter from the Local Council Authorities where the property is situated, confirming presence of the property in the locality.
2. Copies of National Identifications of the sellers
3. A copy of the property duplicate certificate of title, with the demarcated print and encumbrance pages.
4. Copies of any documents showing easements (the right of someone else to cross or use the land), rights of way, restrictions, covenants, etc.
5. Current search report from the Land Registry in the Ministry of Lands (However it is also advisable for the buyer’s Counsel/Solicitor to carry out an independent search).
If you have any legal questions regarding purchase of land, we give free legal Facebook inbox, email at [email protected], Twitter or call us on 0392177405 during work hours.
