20/05/2021
We thought we would share this with you our beloved followers and clients.
LAND MISTAKES TO AVOID (PART 3)
Written By aka
When you have been in a certain field for some time, youâll be surprised at some of the avoidable mistakes that other people commonly commit on matters that seem obvious to you. For those who have followed my writings, I have been exposing the common yet deadly mistakes that Ugandans commit in land matters. I draw these mistakes from my observations in the few years I have spent buying, selling and dealing in land. Like I have been emphasizing, knowledge doesnât come by default; you must acquire it. It doesnât matter how well educated or experienced you are in your field; if you are starting to buy land, you must learn these things or else you will pay heavy âschool feesâ the painful way through losses, legal battles and regrets.
In my first article I posted 6 common mistakes. In Part 2, I added 2. Now I am adding 3 mistakes, meaning I am starting on number 9. Just in case you missed the previous 2 articles, keep checking the comments; I will ensure to post the links. Letâs now delve into these 3 fatal land mistakes.
9. PAYING IN INSTALMENTS WHEN YOU SHOULDNâT
In Uganda today, you and I know that there are many people currently selling land because of financial problems and you find that their money problems are so deep that the money they get from the land is a drop in the ocean. So you go to this person and deposit your 80m on land worth 100m. You promise to get the balance in 6 months. But remember, you canât be given the land title before you complete the payments. So you paid 90% of the price, but youâve left the land title with this person who is financially badly off. Along the way, this person develops an idea: âSince I badly need money and this buyer is bringing the balance in 6 months, let me use the same land title to borrow 100m. By the time he comes to pay the balance I will have cleared this loan and retrieved the title.â So the title for the land that you own by 70% lands into the hands of a money lender.
Fast forward, the seller fails to raise money to pay back the loan and the lender possesses the land and effects transfer of the land to his name. Remember, in most cases, the money lender made this person sign an agreement that he has sold to him the land at 100m. Obviously, the lender has not only taken the land; he is even still demanding for interest from the borrower. So when the 6 months elapse and you show up with the balance of 30m plus an agreement indicating that you deposited 70% and the money lender shows up with an agreement indicating that he bought at 100% and has the title, whose land do you think it will become? Certainly, you will have lost out and the best you can do is to try legal means to recover the 70m you paid to the man. Unfortunately, he is broke and doesnât have it. All this would have been avoided if you had looked for land that was at 70m, paid the entire amount and walked away with your title or waited for those 6 months and raised the entire 100m.
Do not get me wrong. I am not implying that buying land or anything else in installments is always bad. No. Even myself Iâve bought things on installment basis. But I am very careful. If I am to pay in installments, I have to be sure that I am dealing with someone who is credible, traceable (someone who switch off his phone canât disappear) and most importantly, one who has the financial capacity to compensate me should any unexpected thing happen. The nature of some peopleâs income is that itâs extremely hard to save and accumulate money to pay for land in a lumpsome. So thatâs where I advise you to buy from credible people and companies that have been recommended by others whom they served through that system well. In business, referral is so important. I could say that more than 90% of customers I get who buy my land have been referred by other satisfied customers.
Of course I must warn (or rather alert) you to beware that in installment buying you there is the aspect of time value of money. If a plot of land is worth Shs 15m and you pay for it in 2 years, the calculation of the price will factor in an interest (even if they donât tell you) so you will end up paying about Shs 20m. This can explain why you may want to sell the land 2 years later and you are surprised to find the buyers giving you 20m, yet itâs what you paid. Simple, it was the time value of money that worked against you. In other words, itâs the interest that increased the price at which you bought.
10. IGNORING ISSUES OF ACCESS TO THE LAND
If you are not careful you can buy land but find you are not able to reach it because it has no road. I have been laboring to explain that in Uganda we have various land tenure systems, which complicates the process of planning for land. For instance, in Buganda there is a lot of Kabakaâs land and Kibanja where you find small, small plots owned by many people e.g. one acre (which basically should have 8 plots of 50x100) owned by 15 people, each having a small plot. With this kind of situation, in some areas roads have not been created in a proper way. This explains why some roads move round and you find yourself taking 20 minutes to reach a place which should have taken 5 minutes if there was a straight road.
The point I am raising is that it is a mistake for you to buy land without checking on the title to be sure that there is an official road approved by Lands authorities. If there is no road and you still want that land, you can negotiate with the owner(s) of the land next to yours where a road can pass and buy part of that land. Donât stop at paying for the land. Put it into writing and go ahead to have the Lands office subdivide the land (i.e. cut off that part you bought) so that you own the title for it. But why go through all that hustle? Why not look for land whose title has a clear road? Note that not all roads indicated on the title are already in use. You may be taken through the bush to a certain plot but when on the title a road is demarcated. Thatâs okay; that road can be created on the ground in future following the specifications on the title once you are ready to develop the land.
Let me add that if you are not able to read the title and interpret whether there is a road to the land you intend to buy or not consult a surveyor or any other knowledgeable person. It doesnât kill for you to seek advice from experienced people around you. I always feel bad when my close friends and relatives are duped in land matters yet I was there and they didnât utilize my free advice.
11. FAILURE TO TRANSFER LAND INTO YOUR NAMES
Today, there is a bad habit of people buying land, getting the title plus the transfer forms and just keeping them. They postpone transferring the title to their names claiming they are saving the transfer money. I do not want to use hard words for fear of offending those who have fallen victim to this mistake. But itâs lack of wisdom to reason that way because when time for selling comes, buyers will reduce on the amount they would have given you if the title is not in your name. And if you are unlucky and an issue comes up, you pay much more to correct the mess than what you would have paid to transfer the land in the first place.
Let me give you practical scenarios. When you have bought land and havenât yet transferred the title to your name, in the Lands office, they do not know you at all; as far as the office is concerned the owner is the one on the title. So if this person is not credible and he learns that you havenât transferred the land, he could go to lands and say his title got lost or got burnt in a fire. He can apply for a new title and of course it will be given to him because Lands doesnât know he sold the land. This guy could go ahead and sell the land again to another person. By the time you realize it, you will be battling things in courts and police. And you will most likely lose the land, if you find the second buyer transferred the land before you.
Another important thing to note is that the Land office keeps changing (updating) the requirements for transferring land. For instance, 3 years ago, a copy of the sellerâs and buyerâs National ID was not a requirement for transferring land. Today, it is. Hence, if you bought land 4 years ago and want to transfer now you have to look for that person who sold to you to give you a copy of their National ID. Unfortunately, he could have died, relocated to another country, changed address/contacts e.t.c. Even when you find him he may not be willing to help you for free. I remember a scenario where someone came back 2 years after buying to ask for a fresh signature on the transfer forms because the seller had signed in the wrong place. The man asked for 5 million to do so because he had heard that this person was reselling the land and so he knew the person had no option! Do you see how you sweat over something that should have been simple and cheap in the first place? Transferring land whose value is letâs say 20 million will cost you about 500,000 to 700,000 including facilitation for the person who will run around doing it for you. Why do you risk your 20m to save 500k which as weâve seen eventually turns out not to be a saving at all?
Let me add this: Generally, many buyers will not buy your land if the title is not in your names. This is because they canât be sure that you completely sorted the one you bought from. And in any case, if any issue comes up like dissatisfaction from previous users or errors in documentation or if some documents get lost, the new buyer will find himself dealing with the third party (who is on the title) whom he did not deal with at the time of purchase. My advice to buyers is that if you are to buy land that is not in the sellerâs name, insist that the original owner whose names are on the title gets involved and preferably signs the agreement for you as the seller or at least as a witness. Of course there can be a few exceptions depending upon how well you know the seller and his/her credibility.
I intend to add Part 4 and 5 and at the end of the year I will be releasing a book on real estate. For now, let's have reflect on those 3 land mistakes and always avoid them. For those who need advice from me on land matters, even if you are not my client or intending client, I always give free advice Many of you on this platform can testify that I have offered you advice. I have never charged anyone for advice on real estate.
I love you all. Shalom!
ROBERT BAKE TUMUHAISE
0757256237 | 0779911844
CEO, WORLD OF INSPIRATION Group
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