Caveats in Uganda : Generally a caveat means a “warning”. In law, a caveat is basically a notice meaning that certain actions shouldn’t be taken without informing the person who has given that notice.

Understanding caveats

The term caveat refers to a notice, warning or word of caution provided to an individual or entity before they take action, in latin the term means “let him beware” and it has a range of usages that are common in law, land and finance. When someone adds a caveat to a contract, land title or legal situation, they effectively add a warning that the other party should be alerted to the possibility of a dangerous and undesirable circumstance if they proceed any further.

There are many forms of caveats and in this article, we focus on caveats on land.

Caveat acts as a warning or formal notice to tell the public that there is an interest on the land or the property for a particular reason, the word caveat means “beware” and lodging a caveat on Land warns anyone dealing with the property that someone has a priority interest in the property.

Section 139 of The Registration of Titles Act Cap 230 provides

“(1) Any beneficiary or the person claiming any estate or interest in land under the operation of this Act or in any lease or mortgage under any unregistered instrument or by devolution in law or otherwise may lodge a caveat with the registrar in the form in the Fifteenth Schedule to this Act or as near to that as circumstances permit, forbidding the registration of any person as transferee or proprietor of and any instrument affecting that estate or interest until after notice of the intended registration or dealing is given to the caveator. Unless the instrument is expressed to be subject to the claim of the caveator as is required in the caveat, or unless the caveator consents in writing to the registration.

Land Rights- a person claiming any interest in registered land, for instance a lease or mortgage, family land among others can lodge a caveat with the Registrar of titles. Any caveat lodges will be reflected on the certificate of title on encumbrance’s page.

The caveat forbids the registration of any person as transferee or proprietor by way of a sale, lease, mortgage or any other interest on land.

Reasons for Lodging a Caveat

If you have an interest in land through which registration of another dealing cannot protect, to

protect your legal position, consider lodging a caveat. This is known as a caveatable interest,

you must ensure that you have a genuine interest at the time you are lodging the caveat.

Caveatable interests include a registered or equitable mortgage, transfer, a purchaser under an

agreement for sale, a tenant (in certain circumstances), a registered proprietor and contractual rights.

When a caveat is lodged at the Land at the Land Registry it effectively prevents the registration of further dealings on the property’s title until the caveat is formally withdrawn by the caveator.

Lapses (expires)

Removed by a court order or

The caveator consents to another’s registration that deals with the property’s title

What happens if I incorrectly Lodge a Caveat without a Caveatable Interest?

Section 142. Compensation for lodging caveat without reasonable cause states that “any

person lodging any caveat with the registrar, either against bringing land under the Act or

otherwise, without reasonable cause, shall be liable to any person who may have sustained damage by the lodging of the caveat such compensation as the High Court deems just and orders”.

Only a person who has a caveatable interest can lodge a caveat, lodging a caveat

without reasonable cause is a serious matter. A court may order you to compensate any

person who suffers a financial loss as a result of your incorrect caveat.

Challenging or Removing Caveats

A caveat can be challenged or removed in various ways including the property owner

issuing a lapsing notice or the caveator submitting a release of caveat letter.

What is a lapse of caveat?

The registrar can be made to lapse a caveat if the registered proprietor has applied for

removal of the caveat, when a registered proprietor applies for the removal of the

caveat, the registrar has a duty to summon the caveator through the address provided

on the caveat documents to show cause why the caveat should not be removed.

The caveator can challenge the caveat lapse of the registrar fails to prove that a notice

show cause why the notice of caveat lodged by or on behalf of

1. a) A beneficiary claiming under any will or settlement
2. b) Or by the registrar

Every caveat lodged against a proprietor shall be deemed to have lapsed upon

the expiry of 60 days after notice given to the caveator that the proprietor has applied for the removal of the caveat.

Unless

1. a) Before the expiration of the 60 days the caveator or his or her agent appears before the court and gives such undertaking or security
2. b) Lodges or deposits such a sum in court as the court considers sufficient to indemnify every person against any damages or loss that may be sustained by reason of the non – removal of the caveat.

Section 141 states that No entry to be made in Register Book while caveat continues in force, so as long as any caveat remains in force prohibiting any registration or dealing. The registrar shall not, except in accordance with some provisions of the caveat, or with the consent in writing of the caveator, enter in the Register Book any change in the proprietorship of or any transfer of other instrument purporting to transfer or otherwise deal with or affect the estate or in respect to which that caveat is lodged.

No transaction can be registered on the Land Title until the caveat is removed.

Can a registered proprietor lodge a caveat on his own Land?

Yes as a registered proprietor with an interest in your land and it is highly advisable to lodge a caveat on your own land as it is one of the ways of protecting land from fraudsters as you would have to be notified before the caveat is removed, to allow any transaction to be registered against your lodgement.

Frequently asked questions above caveat on land;

1. Does an owner’s / registered proprietor’s caveat expire?

No it doesn’t expire, unless there is a dispute which has been determined by court against the registered proprietor which affects the land or its ownership. In any case he or she (the owner of the land) would have to be notified before any transaction or entry is made on his or her title.

For inquiries about lodging acaveat on the lands in Uganda contact moorland Consults Limited.

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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

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Land Valuation in Uganda : Land valuation refers to the procedure of analyzing land to determine the exact current market value.

Carrying out valuation of land comes with various benefits and this helps in the following ways

• Know how much you can resell the land
• How much money you can acquire as a loan using the land as collateral
• Helps in calculation of taxes in cases of payment of stamp duty to tax authorities
• Calculation of lease value.

For starters, we have to understand the professionals involved in the valuation of land, factors to put into consideration during valuation, methods used in land valuation, tips to prepare for valuation of later and steps of land valuation and the cost of valuation of land.

Professionals who conduct land valuation

The following professional conduct land valuation.

• Land Valuer – land or property value is a professional responsible for estimating the market value of land for the benefit of the landowners
• Surveyor – land surveyors are professionals in charge of determining and updating land boundaries and measurements.

Factors considered during land valuation

There are several factors to be considered when carrying out land valuation

Methods of valuation of land

 Location of the land

When it comes to land ownership, location is everything. As such the value of property in a city such as Kampala has more value in comparison to properties in rural area or a suburb of the city.

Also, a property touching tarmac or near an industry, a school or a major development will definitely be of high value compared to one in an area without developments.

Type of Land

There are main types of land such as residential, commercial or agricultural. In most cases, commercial land is of high value due to the income – generating factor in comparison to agricultural land.

Therefore, before conducting a valuation on land it is recommended to classify it

Tips to prepare your land for valuation

Different size of land have varying valuations, however in some cases, an eighth – acre plot will be of higher value than an acre or more depending on the type of land, location and usage. Therefore, do not fall into the temptation of assuming that the valuation of a big chuck of land can be higher than a smaller piece. The value of land highly depends on the land itself and the developments on the land.

Amenities on the land

Availability of amenities on the land has a direct impact on the valuation a developing area with schools, hospitals, markets, water and power supply will have a higher valuation.

 Accessibility

The value of land also depends on its accessibility, if a plot of land is not easily accessible or if the access road is not wide enough, it will be valued lower as compare to a more accessible one.

Floor Space Index (FSI)

Basically, this the total floor area of a building that can be built on the land during development, the value of land also depends on the total floor area of the building that can be built on the plot.

 Soil Type

Soil type is another factor considered during valuation, commonly it is referred to as soil bearing capacity. This directly affects the cost of building foundation where a good soil does not cost much while poor ones require more resources during development.

Therefore, land with good soil bearing capacity will be priced higher.

Environmental Factors

Several factors such as erosion, flooding, landslide and other adverse environmental factors are put into consideration when calculating the value of land

Special advantages on the land

If the land has special advantages because of its location or any other reason, they are also put into consideration during the valuation of land.

Methods of Valuation of Land

There are various methods used to conduct the valuation of land and they are as discussed below

1. Comparative

This is the most common method in most areas where the value of land is done by comparing it with the current land selling prices around an area, it is more practical in an area where prices of land are easily available due to ongoing selling and purchase of land properties.

1. Development

This focuses on the potential of land in the near future for example the possibility of building flats, apartments, industries, upcoming road infrastructures in the area among others. The land valuer appraises the land using its potential

1. Belting

This method values the land based on its proximity to the main road commonly known as depth of land, the close the land is to the main road, the higher it is valued at and this is what belting means. The main disadvantage with belting valuation is that land far from the road is valued low

1. Guideline Value

The guideline Land Valuation method is whereby the government provides the rates of valuation of every area, this is helpful when determining stamp duty to pay.

  Tips to prepare your land for Valuation

As a property owner, it is important to prepare well before the valuation of your land begins, here are some tips to help you prepare.

Gather your land documents

The valuer will request land ownership documents such as land title, certificate of the lease or any other related document such as personal market appraisal of the land that you may have conducted.

Conduct a personal research

It is advisable as a property owner to have a personal review and comparison of prices of land within your area and have an estimated value of land. This will help you have a rough estimate of the value of your land.

Have a list of the features of your property

Highlight all the features inside and surrounding your property as this will be useful when determining the value of land, these can include the fence, water availability electricity connectivity, proximity to amenities among others.

Ensure you are available during valuation of your land

It is crucial to be available when the valuation of your land is being done, you can set apart a day or two to focus on the valuation of your property.

Steps of Conducting Valuation of Land

1. Understanding the purpose of the valuation

The first thing you need to understand is the purpose of valuation, is it for long – term benefits or immediate benefits such as using the property to take a loan or selling the property right away? Once you identify the purpose, you can go ahead with the valuation

2. Agree on terms of reference with the valuer

At this stage, the property owner and the valuer agree on the objectives and scope of the valuation which will form a contract between the two. This will help determine the valuation of the land method to be used.

3. Property inspection

In this step a thorough inspection of the land to determine the available amenities begins, this is where the owner also prepares all the documents required for the valuation process.

4. Land valuer collects data of the property

Alongside the information you have provided as the property owner, the land valuer will also collect data on the property to discover more details and also prepare the land valuation report.

5. Submissions of the report

Once al details are compiled, the land valuation report is prepared and subdivided to you as the property owner.

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Special land Titles in Uganda  : Special title is certificate of land title issued to the registered proprietor by registrar where his or her or their copy or duplicate owners is lost, damaged or ordered by court.

How to Obtain a Special Title.

To gain a special title or replace a lost or damaged title, the following steps have to be taken

• Obtain a police letter about the loss and make application for a special title as provided for indicating the current status of the duplicate title that is either lost, damaged among others.
• Any person with knowledge on how the title got lost, damaged or obliterated should get a lawyer to prepare statutory declaration supporting application for special title. All the necessary fact concerning the loss, damage and obliterated should be indicated in the statutory declaration
• Both the application and the statutory declaration should the signed
• Attach two passport photographs of the person applying for the Special Certificate of Title
• Have the statutory declaration commissioned by oaths
• Take the application for assessment of stamp duty and issuance of declaration slip from lands valuation department or cashier
• Use the declaration slip and bank slip to pay the advised bank
• Submit the application for embossing within the bank
• Pick the embossed application, present it to the cashier at the office of registrar of titles where the land is situated for assessment of Registration Fees
• The cashier issues assessed bank slip including how much to pay, the bank to make the payments in and description of the land
• Proceed to the ban to pay registration fees
• Take the bank slip copes together with application for special title to the cashier’s office to acknowledge payment by stamping on your documents
• Present full set of original documents including payment receipts and photocopies of the same to the Office of Registrar of title for processing
• The photocopies are stamped “Received” and return to you, you should be told when to check
• The file at land registry (white page/original certificate of title) is requested for and retrieved from strong room
• The application for special title is reviewed and approved by registrar who issues instrument number for purposes of issuing a special certificate of title
• Pick the Notice to issue special certificate of title from office registrar
• Proceed to the Uganda Printing and Publishing Cooperation with the notice, pay the gazette fee and submit it for publishing in Uganda gazette.
• After the notice has been published in the gazette, pick three copies from Uganda Printing and Publishing Cooperation Office or agent
• Submit those gazette copies at ministry of lands to acknowledge receipt
• Leave one copy of the gazette at commissioner for land registration at ministry of land housing and urban development.
• Ask for dead prints from mapping/drawing office at the office at the office of registrar of tile or mapping and survey department in Entebbe
• Write a letter notifying the registrar of Title that you published the notice in gazette and that the 30 days have elapsed so that he/she prepares a special certificate of title (the letter is optional)
• Submit the two copies of Uganda gazette and three sets of deed print to the office of registrar of title with letter notifying the registrar (the letter is optional)
• The two copies of the gazette are stamped “Received” and one returned to you, you should be told when to check
• The file at land registry (white page/original certificate of title) is requested for and retrieved from strong room again.
• The registrar authorizes for printing of the title by the typist
• The title is then brought to the registrar for signing and sealing
• Proceed to registrar’s office, present your copies of the application with received stamp to pick your special title.

  Note: The applicant must pay the following fees

15,000/= as Registration fees

10,000/= as Stamp Duty

 5000/= on the Application

5,000/= on the declaration

Documents Required

Documents required to acquire special titles include – Statutory Declaration, Gazette Extract, Passport Photographs and General receipts of Payment.

Time Taken to receive Special Titles (Processing Time)

Processing time to receive special titles may be ten days (1) to four (4) weeks, however when the new digitalized process of the land office is completed, chasing a special land title will be taking minutes instead of weeks.

Validity

A special land title has no validity period as long as it is issued by the authorized body and there must be a genuine case for requesting for a special land title.  

Required Documents

• Two recent passport photos
• Photocopy of the original land title
• Identification ID i.e National identification Card
• General receipts of payment.
• Letter of application for special title
• Gazette extract
• Statutory declaration form

For any help regarding acquisition of special land titles in Uganda , feel free to contact Moorland Consultants limited .

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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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