Land Search in Uganda

Land Search in Uganda : Land is one of the treasures on earth and to ascertain the authenticity of the land you are planning to purchase. A land search is very vital and required to avoid falling for any property scams or being misrepresented. A land search report is a report issued by the relevant land registry or land office which offers you important information of a particular land. Land ownership search can be done in person by visiting the Ministry of Lands Housing and Urban Development Headquarters or in any of their Land Offices in your local district/Sub County.

How to Conduct Land Search in Uganda

The buyer ought to find the following before proceeding to carryout a land search;

1. The tenure – Mailo, leasehold, freehold or customary/ Kibanja
2. The seller (s) and his/her personal interest on the said land
3. The capacity of the seller – A company, a partnership, administrator / admninistratrix, trustee, a beneficiary among others.
4. The laws governing the particular land tenure
5. Any 3rd party interests on the said land
6. Whether a lawyer, agent or a broker concluding the purchase on behalf of the buyer is registered with their respective regulatory bodies.

 Conducting a search (due diligence on customary/Kibanja Land – Unregistered land)

• When carrying out land search on customary/ Kibanja land, the following are to be done;
• Ascertain the land you want to purchase, its history and the rightful owner.
• Obtain relevant documents from the seller confirming ownership for example sales
• agreement, a will, a letter from local authorities, family minutes authorizing the seller to
• sale the said land among others.
• Verify from relevant authorities/persons the documents you have received from the
• seller, this should be done without his/her knowledge.
• Inquire further on the ownership and 3rd party interests from neighbours, current users of the land in question if any, local leaders and authorities.
• Go to the land openly to inspect, ascertain boundaries, size and if possible, plant new boundary marks. In this process, look for traditional boundary shrubs’/ marks, trees, natural physical features among others. Alternatively, you can hire a competent and professional real estate company like www.moorlandconsults.com to do it on your behalf.
• In case there are any developments or features on the said land, the same and include the response on the land agreement.
• In case the land has a certificate of customary ownership visit the issuing authority for details.
• Retain all the copies of the relevant documents obtained from the seller for future reference.

Conducting an Official Search on Mailo, Freehold and Leasehold land titles (registered land)

When conducting land search on Mailo land, freehold and leasehold land titles, the following is done;

• Ascertain the land you intend to purchase by having a physical site visit.
• Ascertain the seller by getting his details for example National ID, Passport among others.
• Obtain relevant documents from the seller pertaining to ownership of the said land for example a copy of certificate of title, sales agreement, court order if sold under court directions among others.
• Inquire further on the ownership and 3rd party interests from neighbors, current users of the land if any, local leaders and authorities. This ought to be done without the knowledge of the seller.
• In case there are any developments of features on the land in question for example houses, gardens, crops, materials, graves, trees among others, find out who owns the same and include the response on the sale agreement.
• Make a written request for a search by either writing or filling in the search form at the office of the commissioner land registration within the area (this office is popularly known as a Zonal land office)
• The written request or search should indicate the details of the land e.g Block and plot for Mailo land, Leasehold Volume Number and Folio for Leasehold and Freehold Volume number and Folio for freehold fees.
• Proceed to the bank indicated on the assessment form to pay the search fees and obtain a receipt which should be presented to the cashier at the zonal land office, who initially issue the assessment. The cashier will then stamp on the receipt and the written request or search form.
• Make copies of the stamped search form and a receipt and immediately submit the originals to the receiving desk within the zonal land office. Request the receiving officer to stamp on the copies, you will have made from the originals as an acknowledgement of the original copies. The stamped copies must remain with you as evidence of submission of the original documents and for follow-up purposes.
• The Zonal land official shall then retrieve the file having the certificate of title you seek to search, compare the particulars therein with what is in the computer system and issue a search report signed by the commissioner land registration. The search report issued shall contain all the summarised detail of the land
• When picking the said search report, request to look at the physical file for purposes of confirming whether the pictures (Passport photos) and the signature on the transfer form in the file tally with what is on the documents received from him/her.
• Upon receipt of the search report, a search on registered land is deemed to be concluded.

Required Documents for an Official Search

1. Application letter for a Search.
2. Proof of payment (Fees paid at the Ministry through the bank: 10,000/=)(Search fee).
3. Proof of land ownership (copy of title deed)
4. PIN certificate(copy)
5. Identity card (copy) for the applicant if Ugandan.
6. Foreign national registration certificate- alien card (copy) For foreigners who are residents in Uganda
7. Passport (copy) for the applicant if a non-citizen.
8. Proof of payment receipt.

 Eligibility

Any Citizens and Non-Citizens above 18 years of age or their representatives (agents or advocates) may make the land search.

Required Information for an Official Search

• Name of the Applicant/ Advocate
• Identity card/ Passport number
• PIN Number
• Postal address
• Telephone/ Cell phone number
• Purpose of search
• Owner of property
• Proposed purchaser of property.
• Advocate/Agent Date