Letters of Administration in regard to land ownership : Losing a loved one or someone close to you is really a sad delicate time as it comes with a lot of emotions, during this time you are challenged with settling the affairs of the deceased and ensuring that their last wishes are fulfilled.

Incase the deceased left behind a will and testament, it can be used to start the process of settling or administering their estate. However, if there is no will, it can be confusing to known what to do.

Before any action is taken in managing and distributing the estate of the deceased, you need to obtain letters of administration, these are legal documents that grant you permission to act on behalf of the estate and start the process of estate administration.

Letters of Administration – is a court issued document that gives some the authority to act as the estate administrator.

Then the administrator can then access and manage the deceased’s assets including land and financial accounts among others.

Difference between Administrator and executor

A Will executor and an administrator are both responsible for distributing the assets in an estate, however they are signed to their different roles. The creator of a will names an executor in their will while an administrator is appointed by the court.

An executor follows the instructions of the deceased left in their will while an administrator follows state law to determine who receives the assets of the deceased, including land.

Why you need a letter of administration?

If you are the administrator of an estate, letters of administration give you the legal authority to access the descends’ assets including land. However, a letter of administration does not give you power to do whatever you want with the contents of the deceased’s estate.

As of the directives of the Ministry of Lands, Housing and Urban Development issued on October 26, 2022 through its Senor Registrar of Titles, the directive outlines new requirements necessary for transactions involving the administrators or executors of estates of deceased persons.

As per the directive, all persons undertaking transactions involving administrators and executors should present the following documents to Lands Office.

1. Certified copies of the letters of administration.
2. Certificate of No Objection or a will certified by the Court.
3. A certified copy of the inventory filed in Court.
4. Petition filed in Court at the time of obtaining letters of administration or probate indicating all beneficiaries dully certified.
5. Consent of the family members or beneficiaries authorizing the administrators or executors to affect any transaction for instance transfers, letters of administration or probate, subdivisions among others.

How to obtain Letters of administration; (where a person died without leaving a will)

If the person applying for the letters of administration is the window of the deceased, then that person must obtain a Certificate of No Objection from the office of the Administrator General first.

 A person then presents a Petition to court praying for a Grant of Letters of Administration, the petition must be supported by a Summary of Evidence, list of documents, witnesses and authorities that the petitioner intends to rely on.

When filing for the petition in the court, the requisite filling fees of UGX 6,000 must be paid in the bank and evidence of payment attached to the petition.

The notice of the petition will then be advertised in the newspapers for a period of 14 days, any person with a reason as to why the petitioner should not be granted the Letters of administration may lodge a Caveat in court.

If no caveat is lodged, then the petitioner will be granted Letters of administration by court.

Who can petition for Letters of Administration?

Any person of the age of twenty-one or above and is of sound mind and is related to the deceased either by blood or by marriage.

Where should a petition for Letters of Administration be filed?

The petition should be filled in the court with jurisdiction where the property of the deceased is located, if the property of the deceased exceeds 50 million shillings, then the petition may be filed in the Chief Magistrates Court.

How to obtain a Grant of probate (Where a person died and left a will)

A person presents a Petition to court requesting for a Grant of Probate

The procedure followed hereafter is similar to the procedure above.

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Condominiums properties in Uganda : Condominiums also known as Condos is becoming a new trend in Uganda at a terrific speed with many developers investing in it most especially in the town setting where land is increasingly expense and diminishing.

A condominium refers to a kind of housing where each homeowner owns their individual unit space and dwell in shared ownerships of common – use areas like compound and packing among others.

Under this type of housing, there is no individual ownership of a plot of land. All the land in the condominium project is owned in common by all the homeowners, all condos in Uganda are regulated by the Condominium Property Act 2001 which allows one to have a land title for a specific housing unit or condo within a building.

The Condominium Property Act, 2001

This Act provides for the division of buildings into units and common property, provide ownership of those units by issuance of certificates of title in relation to the units and to provide for the use and management of the units and common property and for other connected matters.

With this Act, it means that under the Condominium Property Act of 2012, property developers and real estate companies engages in the construction of apartments and sell them as is and give the buyer a title or certificate for his property the same way you would sale a stand – alone house on a plot of land.

Under the Condominium setting, the use and access to common facilities such as swimming pools, elevators, fire extinguishers, security, gardens, parking lots, cleaning of common areas and garbage collection services are controlled by the association of owners that jointly represent ownership of the whole condominium.

Interpretation of Condominium Law

The Condominium plan refers to a plan registered in accordance with this Act.

A property developer whether as an individual or as a company, in conjunction with another developer sells or offers for a sale to the public, unit or proposed units.

The Property owner refers to a person who is registered as the owner of the land title such as a freehold estate in a unit, mailo estate in a unit, the leasehold estate in a unit where the parcel on which the unit is located is held under a lease.

Division of the building in units – a proprietor or developer of an existing or planned building may divided the building into two or more units that is by registering with a registrar a condominium plan in accordance with this Act.

Register of Condominium Property

The Registrar shall, upon an application for registration of a condominium plan, close the part of the register relating to the parcel described in the plan and open a separate part of each unit as described in the plan.

Upon the payment of the prescribed fee, a certificate of title will be issued in respect of the unit.

Application of the Registration of Titles Act

The provisions of the Registration of Titles Act relating to registration techniques, procedure and practices shall be provided in this Act, unless otherwise, apply to the registration of land dealings under this Act.

Upon registration of the plan, a certificate of title will be issued in respect of a unit comprised in a condominium plan registered under this Act.

A proprietor of a unit in respect of which part of the register is opened undersection 3 may sell, transfer, lease, charge or otherwise deal with that unit in the same manner and form as land held under the Registration of Titles Act.

Common Property

The common property in the a registered condominium plan shall be held by the owners of all the units as tenants in common in shares proportional to the unit factors for their respective units.

Change of use of Unit

An owner of a unit shall not change the use of his or her unit unless the corporation has consented to the change of use or the planning and local authorities have approved the change of use.

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Land Survey in Uganda : In a bid to ascertain proper boundaries and size of land, land surveying is a must do. This activity is commonly done if you are buying or selling land or a property.

…… we are a registered and licensed land surveyors recognized by The Uganda Surveyors’ Registration Board (SRB), With our knowledgeable land surveyors, we offer quality Land Surveying work which will leave you fulfilled.

What is Land Surveying?

Land Surveying refers to a science and art of establishing or re-establishing boundaries, lines, corners and monuments of the property – land, land surveying is done relying on documented details, historical evidence and current principle of practice.

Types of Land Surveys

Boundary Surveys

The boundary surveys are done to reestablish or establish land or property boundaries, this kind of survey is done so as to acquire data for making a map indicating boundary lines of a particular land or property. Boundary Surveys are done on residential plots, commercial real estate and large expanses of land.

Condominium Surveys

Condominium surveys are done to decide common areas and units in a three-dimensional plan, to frame descriptions and mapping or plotting for a condominium plan.

Construction Surveys  

Construction Surveys are typically survey measurements on a building or a construction project done to control positions, dimensions and shape.

Construction surveys are also done so as to establish quantities of payment of work and appropriateness of accomplishment.

Preliminary Survey

These surveys are done to obtain data from which to decide the viability or to formulate plans for a development or construction venture.

Topographic Surveys

Topographic Surveys are done to determine the shape or configuration of earth’s surface and the position of physical objects found on the land or property.

Court Exhibit Surveys

Court Exhibit Surveys is done as a way of collecting and preparation of proof for courtroom evidence or proof concerning boundary disagreements, road traffic accidents and criminality scene surveys.

Subdivision Surveys

These kinds of surveys are done in process of dividing undeveloped areas of land into lots, blocks, parks among others that are in line of governing establishments or laws.

Mortgage or Title Surveys

Mortgage or Title Surveys are done for loaning and insurance agencies or companies to evaluate title problems, in relation to actual possessions and occupation.

Stages of Land Surveying

Planning

On this stage of land surveying, methods to be adopted for surveying, resources that is instruments and personnels to be used and the control points to be used (those already available and those to set up) are decided on.

The operation of planning requires a prior field visit which is known as reconnaissance.

Field Observation

The Field Observation stage involves collection of field date that is by making necessary measurements, recording of observed data in a systematic manner that is before starting any field observation, the permanent adjustments of all instruments need to be checked thoroughly by trained personnel. If required it must e adjusted.

Office Works

This stage involves processing, analyzing and calculation of observed date, preparation of necessary date – for making plan or map of the area, making of a plan or map of the area and computation of relevant field parameters as per design for setting out engineering works at site.

Setting Out Works

This stage is carried out to locate and establish different parameters and dimensions at the site as per design for further engineering works.

Importance of Land Surveying

 Land Surveying as well as the surveyors play an integral role in land development, from planning and design of land subdivisions to the final construction of roads, utilities and landscaping. The surveyors are the first people to make a visit on any construction site, measure and map the land.

These primary measurements are used by architects to understand and make the most of the unique landscape when designing and engineers to plan structures accurately and safely, ensure that buildings do not only fit with the landscape but are able to be constructed.

It is very necessary to mark the boundaries on the ground so as to make them clear to observers on or near the property.

Land Surveying is done to provide the evidence needed by the title insurer to delete certain standard exceptions to cover and thus providing extended coverage against off-recorded title matters including matters that would be revealed by an accurate survey.

Land surveying helps in zoning and building regulations, incase you want to buy land and build on it, surveying helps you identify possible problems. This also applies when you plan to buy a land that may be hard to build on, your surveyor will help you determine any potential problems and look for possible solutions.

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How to Buy land in Uganda  : Buying land in Uganda can be a seamless process that is if you follow the right channels, of recent buying land in Uganda has become hard as the industry has become infested with conmen which has resulted into many people losing their money in the name of buying land which does not exist.

The only way to buy land in Uganda hassle free is by using the right legal procedures that will protect your rights as the buyer as outlined by  www.moorlandconsults.com

1. Site Visit to the Land/Property

The first to take when buying land in Uganda is visiting the site “Land you intend to buy’, having a site tour will help you know all the aspects of the land you are intending to buy in terms of economic and social infrastructure.

Also, help you appreciate the geography of the area, its neighbourhood and some of the individual preferred features. Once you are satisfied that this is the land you wish to purchase,the next step to take is knowing the details about the land – property including

• The land tenure system
• The type of the property
• The price of the land and its authentic owner

Usually, this information cannot be got from the land registry, this information that is the history of the land can only be got from the locals living around the area and know the property very well. Local council leaders such as the chairman of the area can be very useful, though the information may not be authentic 100%, it gives a little clue about the land you are intending to buy. If you are trying to buy land in low lying areas or in the swamp, it is vital you contact the National Environment Management Authority for a report regarding the property and its use.

2. Appoint a Lawyer/Company to help you through whole process

Get a professional advocate/company to help you through the process, your lawyer/company will advise, help you get more information you are trying to buy and what to do professionally.

3. Land Title Search in the Land Registry Office

Searching for the Land Title is the next step to take when buying land in Uganda, your lawyer will help you to verify the authenticity of the land title in the Land Registry office. To do this, you will need a copy of the land title deed from the seller for the search to be carried out on the land. The Land Registry Office will offer you a Search Report showing the names of the owner in question plus all other necessary details as indicated on the title. Usually, it takes one to three days to get the search results for your application form, the search application form will be attached together with a title copy. In case you are buying land from a company or an organisation, you will have to do a company registry search at the Register of Companies to ascertain that you are dealing with an appropriately incorporated company. Through the search, you will establish and identify the company directors as well as the shareholders selling the property.

The search helps the buyer to ascertain the right ownership of the land, establish its existence, identify several conditions, caveats and pending rates imposed on the land title.

4. Meet the Owner and Negotiate Prices

As a buyer, once you are contented with the search results as presented to you by your lawyer

from the lands registry, the next step to take is meeting the owner for discussions about the price of the land. Meeting the owner of the land in person or any individual entrusted to see the land is very crucial, for any one who is not the real owner of the land. He or she must hold the Powers of Attorney which empowers him or her to do such a transaction on behalf of the owner of the land. Through the negotiations, you will agree on the final price of land. That is after several offers and counter-offers between the buyer and the seller.

5. Use a Professional Surveyor/Company to Verify the Land Size

Before executing the transaction, it is very essential to verify the right size of the land you are

intending to buy. Get a professional registered surveyor to carry out a topographic survey of the land and confirm its size and shape as indicated on the title.

A professional surveyor will also identify the boundaries and mark stones of the land and in respect to that, he will issue a survey report to you.

6. Preparation of the Sale Agreement

At this point, a Sale Agreement is drafted that is when a seller and buyer agree on the terms of the offer. The seller’s advocate drafts the agreement and presents it to the buyer’s advocate for perusal and approval, it is very vital for the buyer to entirely understand the agreement’s terms of sale.

The buyer’s lawyer must clearly clarify all the clauses in the sales agreement and their implications.

When all is decided upon by the two parties, the advocates will expedite and eyewitness the

effecting of the agreement. Once it is executed, the agreed deposit of money is extended by the purchaser through their advocate to the seller’s account directly or to the lawyer.

However, the safest way to protect the buyer’s money is keeping it in the accounts of the lawyer since it acts as a check against fraudsters.

7. Payment of land rates

Knowing the payment of rates on land by the buyers is a legitimate requirement of land owners, the land sellers should clear any pendant rates on the property before completion of the transaction. A seller should present a clearance certificate for the land before it is transferred to the buyer.

8. Transfer Documents and Consent to transfer (land title transfer forms in Uganda)

The advocate of the seller organises transfer documents to be executed by both parties (the

buyer and the seller), these documents will only be accomplished following an issued consent to transfer by the commissioner of lands.

9. Property Valuation

An application of valuation will be made to the government valuer who will make a site visit to enable him/her so as to prepare the requisite valuation report for the purposes of Stamp duty which is very vital as it acts as a registration fee for the property.

This duty is determined by a professional government valuer, the valuation is made to determine the true open market value of the land as of the date of the transfer. Also, helps to estimate the declared value in the documents availed for registration to ascertain value declared in the instruments if it will be raised up or not.

Therefore, the buyer of the land is responsible for applying for the valuation of the land using the valuation form properly completed by the seller. The Lands Office uses such paper to fix the stamp duty payable.

10. Stamp Duty Payment

When the registration is done, the lawful possession of the land in question shall have legally changed hands there and then, in order to expedite registration of transfer the following

documents have to be available. These documents include

• The original title deed of the land
• Original stamp duty assessment forms and receipt
• Duly stamped transfer documents
• Original paid – up land rents receipts and clearance certificate
• Stamp duty valuation report
• Original land rates clearance certificate
• Consent to transfer
• Application of registration

11. Registration of Transfer

When the registration course is done, the lawful possession of the land shall have legally

changed hands from the seller to the buyer, in order to expedite registration of transfer the following documents are supposed to be available.

• The original title deed of the land
• Original stamp duty assessment forms and receipt
• Duly stamped transfer documents
• Original paid-up land rents receipts and clearance certificate
• Stamp duty valuation report
• Original land rates clearance certificate
• Consent to transfer
• Application for registration

12. Final Payment and exchange of Completion Documents

After receiving the completion documents from the seller, the buyer is obliged to pay to the seller the total balance on the purchase price through a lawyer to complete the registration of the documents following payment of the obligatory stamp duty.

Documents from the lawyers of the seller encompass the land’s original title deed, the signed and witnessed transfer documents into the buyer’s name, receipts indication paid up land rents plus clearance certificate and the consent to transfer. When you follow all the above procedures when buying land in Uganda, it is very hard to get cheated and in case it happens, land lawyers/Companies are in a better position to advise you on the nitty-gritty of the whole transaction.

Once your lawyer/companies like  www.moorlandconsults.com is fully satisfied about the documents presented, he will advise you to proceed with the transaction.

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Why hire aprofessional surveyor : In Land development and management of both private and public land, the work of professional land surveyors is very critical as they can help you tackle many issues regarding the land/property beyond the boundary lines. Also, if you are buying land or building a new home, you need a land surveyor. Surveying your land or property a professional surveyor has potential to save you time, money and aggravation that may arise later on in life. www.moorlandconsults.com we are known for offering the best land surveying in the country, we have a number of professional surveyors ready to serve you. If you are still contemplating if you need to hire a professional surveyor or not, here are the reasons why you should not think twice.

Boundary and Property lines

Establishing boundary and property lines is the most common reasons to why landowners and those to intending to purchase land hire professional surveyors, boundaries and property lines also known as occupancy or possession boundaries are very important information when installing a fence, adding a room to your already existing home, cutting down a tree or when paving your driveway. Also, boundary and property lines are often required for property titles, real estate financing, when solving boundary disputes with neighbours, new construction and insurance coverage.

Rights of way and Easements

Land surveying particular one conducted by a professional surveyor can determine if your property has a legal obligation for a right of way or easement. In some of the cases, an olagreement may include an easement that gives the neighbour the right to cross your property to access their own.

Utilities

Carrying a survey on your land or property by a professional surveyor, you can determine if utility companies have a right to use a portion of your property to maintain utility services or use your property to access neighbouring properties with lines, sewer lines or water lines.

Cemeteries

There might be an old family burial grounds lurking on your property unknown to you, your former homeowners may have buried their loved ones on your land or property centuries before you owned it. A survey by a professional surveyor will show the exact location of any cemeteries. On the other hand, if you would like to have your own family burial plot in the near future, a land surveyor can help with the process as well.

Land Subdivision

In case you have a parcel of land you want to subdivide and sell – off, a land surveyor can help map out the property corners, establish any easements that may be necessary to support the parcel being conveyed, evaluate the minimum lot size and dimensional requirements required by municipal land use ordinance, provide description of the lot to be conveyed and provide descriptions for each lot.

Having clarity on your plot of land or property can help you avoid any sort of misunderstanding in the future, contact us – Moorland Consults to book your land surveying by one of our professional surveyors.

Frequently Asked Questions about Land Surveying 

Who can provide me with an official survey?

 www.moorlandconsults.com we are among the licensed and professional land surveying companies in East Africa providing the best and legal land surveying to create and modify boundaries or easements of your land or property.

 www.moorlandconsults.com was licensed by The Uganda Surveyors Registration Board to provide legal surveyors, create or modify surveys in any part of Uganda.

What do I look for when hiring a surveyor?

When hiring a surveyor, here are the following things to consider the qualification of the surveying firm,  www.moorlandconsults.com is licensed to carry out land surveying in any parts of Uganda

References and past projects

Like any other profession before hiring a firm. It is crucial to look at their references and past projects

Communication

Surveyors must often communicate with your neighbours on your behalf. Before hiring a surveyor, make sure you are comfortable with the firm you are hiring and that you both have a clear understanding of what you are trying to accomplish. Make sure to clearly define the scope of work by clarifying your goals and expectations.The first thing to consider is the qualification. If a surveyor is licensed to carry out land surveying. As a professional land surveying firm, www.moorlandconsults.com will a land surveyor tell me where my boundary lines are? As described in your deed, your land surveyor locates the boundaries of the property on the ground, marking the property corners with physical monuments if none existed, provide a map and also document survey results. This map will be recorded with the district surveyor where your property is located. Incase conflict exists, your land surveyor will advise on property remedies.

Will I know if encroachments on the property exist?

As part of the survey, possible encroachments are identified, encroachments may not have been shown on the map submitted for filling with the district surveyor. So, a separate map may be necessary.

Will I know if easements exist on my property?

An easement grants another entity such as a utility country the rights to cross or use your land for a specific purpose, a surveyor can determine if a title report is provided by the owner or ordered during the survey. The owner of the land should make it clear to the land surveyor what additional information should be disclosed by the survey. Researching one boundary is generally the same as surveying the entire parcel, if the property has not been surveyed in a long time or boundary monuments have disappeared, a complete boundary survey is the most cost – effective.

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Land title transfers  : After purchasing a piece of land, the next step to legalise the owner of your just purchased land is transferring the land title into your names. This way you can claim ownership of the land.

To most people, the process of transferring land titles into their names seems to be more complicated, especially to those with no idea of how to do it. www.moorlandconsults.com have come to save you, this article provides simplified information about several steps about land title transfers.

Request a Search and Transfer Form

The first step in land title transfers or registering the land in your names is requesting for a

search and consent form which is issued by the Ministry of Land, this form has where you fill out the details about the land to be searched.

Also, the registry provides a Bank Advice Form which is used to pay for the search in cash at

the Bank, this form serves two purposes as it is also used during the payments of taxes, in the 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 the payments.

Pay Search Fee

After obtaining the Bank Advice Form, you can now go ahead and make a payment in the

designated bank upon which a receipt is granted. Before conducting a search, you will present this receipt at the registry.

Conduct the Search and Draft  the Agreement

After making the payments, the search is conducted at the registry. You will have to present the receipt payment before the search can be conducted. At this point, you will pick the consent to transfer application.

Then an agreement is drafted which is done by a lawyer, although it is not mandatory.

Valuation of Property

Valuation of the property is usually done by the Chief Government Valuer’s office, this is done 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 value approving the cost of the property, the file is taken to URA (Uganda Revenue Authority) where an assessment form for stamp duty is provided.

Note: Anyone purchasing land valued at more than shs. 50 million must provide an income tax clearance indicating their source of income for tax purposes.

Payment of Stamp Duty

The Stamp duty payment is paid in a designated commercial bank, it is required that the

payment is only made at the designated commercial bank. The bank will then notify URA that the payment has been made, the reconciliation process is then done between the bank and the revenue authority. This process takes three working days.

Consent to Transfer by the Land Board in Kampala

The transfer forms are then taken to the Land Board Offices in Kampala for consent, the payment of consent forms must be presented. In case companies are involved in the land title transfer transaction, they must file with the company’s registry for a special authorization which costs 20,000 Uganda shillings.

Assessment of Registration Fees

The sales agreement is then presented to Kampala Capital City Authority for approval of the

registration fee, an assessment form is then provided with a registration fee paid at a designated bank.

This document includes a signed sales agreement, a receipt of payment of the stamp duty and the Company’s resolutions to buy and sell.

Once the payment of registration fee at a designated commercial bank is done, the registration process continues.

Lodge the Sale Contract

The contract includes receipts of payment for registration fees, photocopies of IDs and Passport size photographs of both the seller and buyer at the Land Office where it is transmitted to the Registrar who passes the Instrument of Transfer.

The File is sent to the Commissioner 

The file for the transfer goes to typing and is then sent to the Commissioner in charge of Land

Registration for verification, the registrar then cancels out the old owner in handwriting and signs against the new owner.

Do you need to register your newly purchased land or an old piece of land for a land title,

contact www.moorlandconsults.com/0703491553

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Customary land in Uganda  : In Uganda, customary land refers to land that is owned based on the norms and traditions of a given society or community in Uganda. From one region to another, the system varies as some communities allocate individual plots to their members with well-known and defined boundaries marked by trees, ridges and trenches. For the pastoralist tribes such as the Karamojong, land is managed on a communal basis.

One can own land individually under customary tenure as long as it has been handed down from generation to generation using a particular society’s customs.

In Section 27 of the Land Act in 2015, the government of Uganda introduced Certificates of

Customary Ownership (CCOs) for owners of customary land.

 A customary landowner can apply for a Certificate Customary Ownership of the land, this is the most common form of land holding in Uganda.

Individual Customary Land

In this case, the land is owned by an individual as it is allocated to them, to use or own permanently or inherited the land or purchased customary land as an individual. An individual has a right to allocate potions of the land to the next generation.

Under the Uganda Constitution and the Land Act, customary land is recognized on a par with

freehold and Mailo. Under customary type of Land, the owners of the land have the rights to use the land but do not have land title.

Access to Customary Land

The land is generally administered by different types of customary land tenure institutions in which kinship is important. Land is often administered by extended family linkages.

For this reason, land is often subject to restrictions on transfers outside the family and the clan. However, this practice is usually not enough to guarantee tenure security to Ugandans.

According to the Land (Amendment) Act 2010 was passed as a way to address widespread

evictions related to land grabbing of customary and Mailo land thus boasting the security of customary land in Uganda.

About 70% of Uganda’s land is administered as customary land leaving only a smaller portion of land with owners possessing actual land titles. In 1995, Uganda created a legal framework for the registration of the prevailing customary land tenure.

Legislation and policies have since been put in place to promote official land titles and

modernising land law for customary ownership and land governance.

In 1998, a Land Act introduced a land reform in Uganda aiming at enhancing tenure security by recognizing the existing rights to land. The Act also aims at bringing land on to the market. However, the reform’s implementation has been slow and partial so far.

In 2015, the government of Uganda introduced Certificate of Customary Ownership (CCOs) for the owners of customary land.

To get a proof of ownership of the land as a way of protecting his or her claim, a customary land owner can apply for a CCO as proof of ownership of the land.

Buying Customary Land in Uganda

If you are looking to purchase land in any part of Uganda, you have to purchase it through

customary tenure. You have to purchase the land through customary tenure under the native

law and custom of the people where the land is located, basing on their customs.

Customary land purchase is legally accepted.

The duties of the purchaser or seller are recognized in addition to levies of the villagers, tribe

and ethnic group where the land is situated. The transaction or purchase is done in broad daylight before selected and concerned persons.

The buyer is expected to invite his people and the chairman or any authority to witness such a transaction so the land transaction can be documented.

Documentation of the Land Transaction in Uganda

1. Have an agreement for any transaction on land in writing – buying, selling, donating or bequeathing
2. Make sure the right persons in law that is an adult who hold interest in that land sign the agreement
3. Ensure that you have copies of the original agreement and copies of National identifications of Sellers
4. Buyers and Sellers must sign on all pages of the agreement
5. In case the buyer or the seller is illiterate, the person writing the agreement for or on behalf of the illiterate must indicate his or her full name and address as the writer of that document otherwise he or she commits an offence. Courts have strictly observed the same.

Contents of a Good Land Agreement in Uganda

A Good Land Agreement in Uganda must have the following contents as listed by  www.moorlandconsults.com

• Names and signature of parties to the land – the buyer and the seller have to append their signature and names to the agreement.
•  All parties must sign on each page
• Names and signature of the witnesses – the persons who can witness the transaction and can testify to the sale being concluded and append their signatures on the agreement.
• Witnesses must witness on each page.
• Land Location – where the land is located, the village, parish, division sub – country, county and district where applicable.
• Land Size – stated in both words and figures
• Description of the land – this entails what is on the land for example houses, trees, crops among other and state whether they form part of the land being sold
• Date of Sale
• Boundaries and neighbours – to the land being sold
• State the nature or system under which the land is held – whether customary,freehold or Mailo tenure
• State the amount of the sale in figures and words or any other means under which the land is being transacted
• Certificate of translation – where either or both of the parties are illiterate
• If the land is a gift, indicate it

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Leasehold Tenure System in uganda : Land Tenure refers to a relationship whether legally or customarily defined among people, asindividuals or groups with respect to land, land tenure is an important part of social, political and economic structures. There are a number of land tenure categories in Uganda including Leasehold Tenure System, this type of tenure is contracted out by owners or holders of customary, freehold, mailo or public land.

Leasehold Tenure System is the most commonly used land tenure system in Uganda by foreign investors, foreigners may obtain contracts for leases of the land up to 99 years with the opportunity for renewal. According to the Land Act of 1998, Section 40 (2). “A lease of five years or more acquired by a non-citizen shall be registered following the Registration of Titles Act”.

The Registration of Titles Act of 1924 lays out the procedures for registering leaseholds.

In Uganda, long-term leases can be used as collateral to obtain a commercial loan. Public land controlled by the District Land Board is available for leasing by a District Land Board to an applicant under the following conditions.

• Vacant and there are no conflicting claims to it
• Occupied by the applicant and there are no adverse claims to the occupation
• Where the applicant is not in occupation but has a superior equitable claim to that of the occupant.
• Where the applicant is not in occupation but the occupant has no objection to the application.
• In case a Ugandan who holds land in Freehold or Mailo tenure loses their citizenship, their land automatically changes to a lease of 99 years. This is because a non citizen/foreigner can only own land in the leasehold tenure.

How to Acquire Leasehold Land Title in Uganda

There are several steps followed to acquire a leasehold land title in Uganda as listed below by www.moorlandconsults.com

Step 1

The applicant for a leasehold title must have fully completed Forms that are 8,10,18 and 23. A set of 3 authentic deed plans, 3 Passport Photographs, Receipts of Payment and a forwarding letter requesting for a Leasehold title signed by the District Land Officer of the respective District where the land is located.

Step 2

The Applicant presents a full set of original documents and a photocopy of the same to the Department of Land Administration for checking, the photocopy is stamped “Received” and returned to the applicant.The Applicant then checks with the Department of Land Administration after 10 working days to confirm their approval or rejection and is given a letter advising him or her on the fees to be paid.

Step 3

Once the documents are approved, the documents are forwarded to the Department of Land

Registration for preparation and issuance of Lease Agreements. The applicant has to wait for 10 working days to pick up the Lease Agreements for signing and sealing by the Chairperson and the Secretary of the respective District Land Board and to Stamp Duty which is 1% of the Premium and Ground Rent.

Step 4

At this stage, the applicant presents fully signed and sealed lease documents by the District

Land Board Chairperson and Secretary and lease agreements embossed by URA. The

applicant is given a photocopy of the lease agreements stamped “Received”.

Step 5

The applicant presents the photocopy given to him or her by the Department of Land

Registration stamped “Received” and identification documents on collecting the Leasehold Title.

The applicant signs for the Title and the Photocopy are stamped “Returned” on completion.

How to Renew a Lease in Uganda

All land leases in Uganda expire on the last day of the contractual period.

Some leases are renewed automatically while others must be renewed subject to grant upon requests depending on the lease terms.

The only way to renew a lease in Uganda is when it comes to an end, however should

you want to change anything in an ongoing lease. You may go for lease variation or extension.

Converting Leasehold into Freehold in Uganda

A lease that was granted to a Uganda Citizen out of formerly public land can be

converted to freehold.

Also, a lease of land exceeding one hundred hectares can be converted into freehold,

the owner of the land is required to pay the market value as determined by the chief

government valuer for the new interest before the conversion becomes effective and the money paid shall become part of the Land Fund.

For any Land related issues, please contact www.moorlandconsults.com for assistance.

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How can foreigners own land in Uganda ? : Land is currently one of the most marketable and profitable commodities in the economy of Uganda, whether it is for residential purposes or for lucrative business development.According to the 1995 Uganda Constitution article 237 (1). “Land in Uganda belongs to the citizens in Uganda and shall vest in them in accordance with the land tenure systems provided in this constitution”. This prohibits foreigners from buying and owning land in Uganda, they can only own land under a leasehold land tenure system.

A foreigner can acquire leases of the land from the Uganda Government in accordance with the laws prescribed by the parliament, the government grants leases on government owned land through district land boards. Also, Ugandan citizens can grant foreigners leases in their individuals land titles. They are valid from 3 to 49 to 99 years.

Who is considered a foreigner in Uganda?

A person is not resident if they do not meet the parameters of a resident individual or every person not born in Uganda.

Before buying property in Uganda, it is important to do a double check on the exact regulations as the rules about buying a property in Uganda can vary for non – citizens. In general terms, there are no restrictions on foreigners buying property in Uganda.

Depending on where you are hoping to buy a property in Uganda, you may also find that there is an extra fee to pay as a foreigner buyer. You only need to pay your taxes, make sure you get the right professional advice to legally complete your purchase.

Can foreigner own land in Uganda

Yes, foreigners can purchase and possess land in Uganda but only through a leasehold land tenure system.

How A Foreigner Can Acquire Property/Land in Uganda

As a foreigner, to acquire land it is important to understand the legal regulations and limitations on property ownership to avoid scams and unwarranted partnerships with locals.

 It is very essential to involve a lawyer in every transaction to conduct title searches and obtain transfer from the Land Registry Office, depending on the speed of the lawyer, the process may take up to 3 weeks but it will ensure a profitable investment in the land.

To establish ownership, having a land surveyor conduct a physical search is recommended

which may incur a fee. If a family owns the land, all family members must agree to the sale to avoid any conflicts. The surveyor also provides insight into the neighbouring properties which can be an important factor for some buyers.The lawyer will then create an agreement based on the terms agreed upon by both parties.Once the agreement is signed, transfer forms will also be filled out and signed.A form of identification such as a passport photo and ID Card will be handed over to prove authorization for the sale, companies selling land should have a registered resolutionauthorising the sale. This should be on file with the registry of companies, if the transfer forms do not have a company seal. It is recommended to take your business elsewhere.

To become a landowner in Uganda, there are several steps to follow as shown below by www.moorlandconsults.com

• A consent form stating the purchase price is signed by a lawyer
• A government valuer will assess the value of the property, a 1.5% stamp duty fee and registration fees for the transfer to required
• If the value of the land exceeds 50 million Ugx, the purchaser must provide their tax identification number from the Uganda Revenue Authority
• All documents are submitted to the land registry for approval and registration.

Once these steps are complete, you can proudly be declared a new owner of land in Uganda.

Can A Foreigner Own Freehold Land in Uganda?

According to the Uganda Constitution of 1995, only citizens of Uganda have the right to

own Freehold and Mailo land. The only way foreigners can own freehold land in Uganda is through a Leasehold Land Tenure System.

The lease typically lasts for 49 to 99 years and can be renewed based on the mutually agreed terms.

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Freehold land Tenure In Uganda  : Freehold land tenure refers to a system where owners of land have a deed or title which allows the owner to hold the registered land forever or do whatever they wish with it in accordance with the law. The owners of the land can use, sell, lease, transfer, subdivide, mortgage or give away the land as they see fit.

The Land Act 1998 defines the freehold tenure as a tenure that bestows upon someone

ownership of registered land in eternity meaning owning the land forever, this type of tenure was set up by the 1900 agreement between Buganda and the British Colonial government.

Most of the land owners in Uganda under Freehold land tenure acquired the land as grants from the colonial government before independence and from the Uganda Land Commission after independence, with only a few having bought/requested it mostly from the government.

The Land Act specifies that he holder of the land in freehold has all the powers of ownership

meaning they can use it for any lawful purpose, sell it, rent, lease or dispose of it as they wish.

The act also decrees that only citizens of Uganda are entitled to own land under freehold

tenure, the only alternative for non – citizens to own land is leasing it for a period of up to 99 years.

The grantee of land in freehold was and is entitled to a certificate of title, most of this land in

Uganda was issued to the church missionaries and academic institutions and some individuals.

In Uganda, freehold is the premier mode of private land ownership under the English law.

Certificates of title for the freehold land tenure are pursed directly via government authorities

which involve the Sub – County Land Office, the District Land Office and the Ministry of Lands zonal offices.

Freehold tenure has features of Mailo land tenure and since there is no Mailo tenure in many

parts of the country apart from Buganda and a few sections of Ankole, elsewhere in Uganda people go for freehold tenure as it provides security for unending ownership.

The freehold tenure system originates from the set up to address limited requirement by

religious institutions and was granted as a result of the Toro Agreement of 1900 and the 1901 Ankole Agreement.

Land Registration in Uganda regarding freehold is governed by the Registration of Title’s Act (RTA).

Features of Freehold Land Tenure

• The holder owns a Certificate of Title describing the land
• There is an unlimited period of ownership
• Leasehold can be converted to Freehold
• The landowner with a title has full powers over land and can do anything lawful with the land
• Non-Citizens cannot acquire or hold Freehold Land Tenure, a non – citizen can only acquire a lease on Freehold tenure

How To Acquire A Freehold Land Title?

A land title for freehold land can be acquired in Uganda in the following steps

Step 1

An applicant must be in possession of fully completed Forms 4,10, 19, 13, a set of 3 authentic

deed plans, 3 passport photographs, receipts of payment and a forwarding letter requesting for a Freehold title signed by the District Land Officer of the respective district where the land is located.

Step 2

The applicant then presents the full set of original documents in duplicate and a photocopy of

the same to the Department of Land Administration for checking. The Photocopy is then stamped “Received’ and returned to the Applicant.

The Applicant checks with the Department of Land Administration after 10 working days to confirm their approval or rejection.

Step 3

Once approved, the documents are forwarded to the Department of Land Registration for

issuance of a Freehold Land Title. The applicant checks after 20 working days.

Step 4

The applicant presents the photocopy given to him or her by the Department of Land

Administration stamped “Received” and identification documents on collecting the Freehold title.

The applicant signs for the Title and the Photocopy are stamped “Return” on completion.

The following documents are required

• Form 4, 10, 19, 23
• Set of Deed Plans
• Set of Passport
• Photographs
• General receipts of Payment
• A requesting letter
• Currently, fees paid at the Ministry of Land are
• Registration fees – 10,000
• Assurance of Title – 20,000/=
• Issuance of the Title – 20,000/=

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