27/07/2024
FACTS: I bought 3 Acres of land which had sugarcanes on it. I only discovered it had a graveyard with 7 graves at the center after cutting of the cane. Was told the grand father and his sons sold it to the person who sold it to me. Now the grand son whose father signed as one of the sellers (all still alive including the grand father) has refused to vacate the land on ground that it's a burial site, for the family.
QUESTIONS: Where can I start from? Does his reason make sense before the laws just in case?
ANSWER: I'll go straight to the gist of the question by borrowing words for wisdom from Justice Batema in the case of Naome Juma & Anor vs. Nantume Ruth & Anor (Civil Suit No.363 of 2010)[2020]. "Lands are not vegetables that are bought from unknown sellers. The value of land as valuable property calls for thorough investigations (call it Due Diligence) before purchase. The buyer who fails to carry out Due Diligence and buys from fraudsters gets no legal title."
Marrying Justice Batema's observations in that case to the facts, in law, grave yards are constructive notice. You ought to have done more Due Diligence especially given that the grandson is on the same land and the grave yards were never removed.
Anyone who dares you to remove them is misadvising you as shifting a grave requires Orders of Court whereby you must prove relationship and genuine reasons for shifting.
You've no defence in alleging that you didn't see the graveyard prior to purchase as this points to negligence on your part. The law imposes a duty on potential buyer to conduct Due Diligence (either by themselves or by seeking services of a professional Due Diligence Surveyor like us).
Your defense could lie under Fraud by the grand father who sold you family burial grounds knowingly but you are likely to lose that land.
Maybe, cause the arrest of the seller and ensure you are either reimbursed your money (which may not even be available) or given another plot free from any family encumbrance.
Note that the laws always cautions buyers to be aware given that land isn’t vegetables that you can just look at, admire and merely purchase.
The above scenario emphasizes the necessity that prior to transacting on any land, hire us to conduct for you Due Diligence. At the end of the exercise, we shall be pleased to present to you a detailed field report for your onward consideration.
It's a pleasure to be at your service 🤝🙏🏽
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