{UAH} WHAT ARE THE NECESSARY STEPS ONE SHOULD UNDERTAKE WHEN PURCHASING A HOUSE OR LAND?
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WHAT ARE THE NECESSARY STEPS ONE SHOULD UNDERTAKE WHEN PURCHASING A HOUSE OR LAND?
1. Always visit the land or house you may intend to buy and find out who the people living in the area believe the land belongs to (this includes talking to the local LC and other leaders). This is highly essential where land is unregistered and owned by a family customarily.
2. Do a search in the Land Registry to find out if the title you have been shown by a possible seller matches what is on the original in the Land Registry. This refers to the land registered under the legally provided forms of ownership.
3. Find out the nature of the ownership of the seller and if any other person's consent is required for you to take the land. The seller might rightfully own the property, however this ownership may be subject to some conditions for instance where the land being sold belongs to a married couple or is managed by an administrator on behalf of a given group of beneficiaries this would be an ideal step.
4. Involve a lawyer in every step of the way- it may be costly, but it's much better than wasting your time and money.
WHAT DO YOU NEED TO DO TO SECURE OWNERSHIP OF YOUR PROPERTY?
1. Have a record of an issued search report by the land registry.
2. Enter and execute a land sale agreement as specified between a buyer and seller of land or property.
3. Have copies of signed transfer forms executed between the seller and you the buyer. These forms should also have the passports seized photographs of the buyer and you the seller.
4. Where it is registered land seek to execute a land transfer at the land registry and consequently obtain a duplicate certificate of title. If the land is not registered or a 'kibanja', the land sale agreement could be sufficient to prove ownership of the land.
You may retain these documents in photocopy form after filing for land transfer with the land registry. You may also keep a separate file that could detail your documentation as to the property you own.
The law recognises a duplicate certificate as conclusive evidence of ownership and once you obtain a valid title issued by the land registry after land transfer your ownership to the land would be undisputed.
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-- 1. Always visit the land or house you may intend to buy and find out who the people living in the area believe the land belongs to (this includes talking to the local LC and other leaders). This is highly essential where land is unregistered and owned by a family customarily.
2. Do a search in the Land Registry to find out if the title you have been shown by a possible seller matches what is on the original in the Land Registry. This refers to the land registered under the legally provided forms of ownership.
3. Find out the nature of the ownership of the seller and if any other person's consent is required for you to take the land. The seller might rightfully own the property, however this ownership may be subject to some conditions for instance where the land being sold belongs to a married couple or is managed by an administrator on behalf of a given group of beneficiaries this would be an ideal step.
4. Involve a lawyer in every step of the way- it may be costly, but it's much better than wasting your time and money.
WHAT DO YOU NEED TO DO TO SECURE OWNERSHIP OF YOUR PROPERTY?
1. Have a record of an issued search report by the land registry.
2. Enter and execute a land sale agreement as specified between a buyer and seller of land or property.
3. Have copies of signed transfer forms executed between the seller and you the buyer. These forms should also have the passports seized photographs of the buyer and you the seller.
4. Where it is registered land seek to execute a land transfer at the land registry and consequently obtain a duplicate certificate of title. If the land is not registered or a 'kibanja', the land sale agreement could be sufficient to prove ownership of the land.
You may retain these documents in photocopy form after filing for land transfer with the land registry. You may also keep a separate file that could detail your documentation as to the property you own.
The law recognises a duplicate certificate as conclusive evidence of ownership and once you obtain a valid title issued by the land registry after land transfer your ownership to the land would be undisputed.
Allaah gives the best to those who leave the choice to Him."And if Allah touches you with harm, none can remove it but He, and if He touches you with good, then He is Able to do all things." (6:17)
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