Process Of Land Registration In Uganda
Land registration is a process of official recording of rights in land through deeds or as title on properties. It means that there is an official record (land register) of rights on land or of deeds concerning changes in the legal situation of defined units of land. It gives an answer to the questions who and how.
The Department is responsible for issuance of certificates of titles, general conveyance, keeping custody of the national land register, coordination, inspection, monitoring and back-up technical support relating to land registration and acquisition processes to local governments. No. Service. Standard Time. Cost.
Under the system of land registration, the register is proof of the seller’s title and records a description of the property, the nature of the estate held by the seller and many third parties’ rights over the land.
Process Of Land Registration In Uganda
Have the original and at least two photocopies of the following requirements on hand:
Deed of Conveyance.
Photocopies of valid IDs of all signatories in the deed.
The Notary Public’s official receipt for the deed’s notarization.
Certified True Copy of the Title (3 copies)
Certified True Copy of the latest Tax Declaration.
REQUEST A SEARCH AND CONSENT FORM
The first step in registering land is always requesting this form. The ministry of Land gives you a request form where you fill out the details about the land to be searched. The registry also provides a Bank Advice Form, which is used to pay cash in the bank for this search. This form serves two purposes as it is the same form used during the payment of taxes. Even in cases of freehold ownership, one does not have to request consent to transfer. This form will be used to determine the amount of tax payments owed and to make payments.
PAY SEARCH FEE
After obtaining the Bank Advice Form, you can go ahead and make a payment in the designated bank upon which a receipt is granted. This receipt has to be presented at the registry before the search is conducted.
CONDUCT THE SEARCH AND DRAFT THE AGREEMENT
After payment, the search is conducted at the registry. The receipt of payment for the search has to be presented before the search can be conducted. It is also at this point that one picks up the consent to transfer application. After this, an agreement is drafted. This is usually drafted by a lawyer and although it is not mandatory, this is common practice.
VALUATION OF PROPERTY
This is usually done by the Chief Government Valuer’s office. This is to mainly determine the value of the property for transfer purposes, assessment purposes, and also for payment of stamp duty.
OBTAIN CLEARANCE FORM AND ASSESSMENT OF STAMP DUTY
After the valuer has approved the cost of the property, the file is taken to URA where an assessment form for stamp duty is provided. However, anyone purchasing land valued at more than Shs 50m must provide an income tax clearance indicating their source of income for tax purposes.
PAYMENT OF STAMP DUTY
Stamp duty is then paid in the designated commercial bank. Here, it is required that payment is only made at the designated commercial bank. The bank then notifies URA that the payment has been made. There is a reconciliation process between the bank and the revenue authority which takes three working days.
CONSENT TO TRANSFER BY THE LAND BOARD IN KAMPALA
The transfer forms are then taken to the land board in Kampala for consent. Here, the receipts of payment of consent forms must be presented. However, if companies are involved in the transaction, they must file with the companies registry for a special authorization which costs a fee of 20,000 shillings.
ASSESSMENT OF REGISTRATION FEES
The sales agreement is then presented to Kampala Capital City Authority to approve the registration fee. An assessment form is then provided with a registration fee to be paid at the designated bank. The documents include a signed sales agreement, a receipt of payment of the stamp duty, and the company’s resolutions to buy and sell.
TRANSFER DOCUMENTS ARE THEN KEPT AT THE REGISTRY OF LANDS
The transfer documents are later stored at the Registry of lands and then transmitted to the Registrar who passes the instrument of transfer. It is then later sent to the commissioner in charge of land registration for verification. The registrar cancels out the old owner and replaces him with the new owner in handwriting. The buyer and seller are required to provide passport photos for this process.
To round it up, land transfer documents include receipts of payment for registration fees and stamp duties, plus passport photos of both the seller and buyer of the property.
Benefits Of Land Registration In Uganda
Land registration provides a country-backed guarantee securing the title to the Property. This means that should you be deprived of the title to your property owing to an error or omission in the register, or because the register needs to be corrected, you will normally be compensated.
Land registration helps you to protect your land from fraud and to resist third party applications for adverse possession (“squatter’s rights”) over your land and property. It also safeguards against the title deeds being lost, damaged or destroyed.
Registration makes it easier to buy and sell a property as all the property title information necessary for conveyancing will be held centrally by the Land Registry. This means it’s easier to check who owns property and what benefits and burdens are attached to the land. If the land isn’t registered, the conveyancer has to obtain the deeds from the client or mortgage lender and examine them, all of which costs time and money.
Procedures For Land Registration In Uganda
The first step is to make an application directed to the Lagos state director of the Land Services and Land Directorate.
The Land Form 1c which must be duly signed by the parties to the transaction and sworn to before a magistrate or perhaps notary public.
Three copies of duly signed Deed of Assignment, Mortgage; e.t.c.
Period For Land Registration In Uganda
The Applicant checks with the Department of Land Administration after 10 working days to confirm their approval or rejection. Once approved, the documents are forwarded to the Department of Land Registration for issuance of a Freehold Land Title.
Important Of Land Registration In Uganda
The government advises every land owner to have a certificate of titles. This is what proves him [to be] a bonafide owner. The government also advises people to use their land so it is active and the track of users is visible. Many people have a tendency of buying and leaving land unattended for years.
Office Location For Land Registration In Uganda
Ministry Of Lands, Housing And Urban Development
Address:
Plot 13 – 15 Parliament Avenue
P.O.Box 7096 Kampala
Phone number:
(256) – 414 – 373511
(256) – 791 – 622191
(256) – 772 – 463240
E-mail:
mlhud@mlhud.go.ug
or
denis.obbo@mlhud.go.ug
and Copy to: dennisfo2002@yahoo.com