{UAH} There are no strict or written regulations against buying land but the following clues can help
There are no strict or written regulations against buying land but the following clues can help:
1. Determine the intended use of the land. This will guide you on the location and size of land you need. Do you intend to erect rentals?who are your intended market? Could they own cars or need to use taxis? What's the land proximity to public means? Do you intend to have it as your own home?office?farming?etc
2. Due Diligence
Carry out as much research about the land and it's owners as possible. I understand that it's a good deal so u have to be fast. But then your earned money shouldn't be wasted. Strike a balance.
a)Carry out a legal search if the land is titled land. What kind of title is it? A freehold,customary, leasehold or mailo title? Check to see the lease terms and remaining duration of the lease if it's a leasehold. Check to see if terms permit your intended use?Check with issuing lesor if the seller hasn't any outstanding balances on ground rent, etc Find out the registered proprietor of the land.
b)Request a land surveyor to open boundaries of this land. Insist with the landlord that this happens. Quite often quoted sizes on land titles don't tally with the actual physical size. Further, the land could have poor or no gazetted access, or has a running trench, drain, overhead power lines, could be sitting on a sewer, could have an access road running through it, could be part of already gazetted land for road works, a large chunk could be part of an existing road or public utility like well, etc The boundary opening will guide you further on if the land has any existing squatters or boundary conflict with neighbours.
c) Insist on seeing the real registered proprietor or their legal attorneys. These should have powers of attorneys. Don't mind asking to look at their ID. It's your money you know!!!!! Try to relate the details on ID with the legal search results.
d)Try as much as possible to visit the land and inspect it fully before you part with your money. Do you see any house, garden,etc Ask those questions. Quite often people buy and inspect later-what a waste!!!
e)Again if it's titled land, is it family land? Does it have an ancestral, or matrimonial home on it, does the seller appear to be deriving economic sustainance from it(eg does intending seller til it for home consumption?), please ensure that you get the necessary consents (spousal, children,etc) The law demands so!
f) Insist on having a look at the duplicate (or what most people refer to as original land title certificate). See that there's a seal, and some features of a genuine land title. A seasoned surveyor or lawyer will guide you on verifying signatures on it since most of these people are known to them.
g)Are you purchasing part of the land or the whole? If it's part of it, negotiate to pay in installments, as preceded by survey and title progress. The seller should be able to sign a mutation form,part with a copy of their ID, 3 passport photos and copy of land title. This will enable a surveyor execute the first part of titling your land. After that stage, the owner should be able to part with the original title, and transfer forms.
h) check with the surveyor to see that the size of land you want to purchase is admissible for titling. Planning requirements can fail your ambitions. Eg in KCCA scope, the minimum plot requirement is an equivalent of 100' by 65' and not your usual 100' by 50
I)Move about and talk to neighbors and LCs for any clues or leads about this land. Note: It shouldn't be those introduced to you but those you have inquired and been directed to.
3. If it's not titled land, Kibanja, please find out the registered proprietor of that land. Is it the Kabaka, Church, Mosque,etc You need their consent to purchase this land or your purchase will be at risk. More diligence here is required to vet ownership.
Know The Vendor. Satisfy yourself that the seller is the legitimate owner of the land and that they have the power to sell. One can be known to own such land but without the power to sell it. Administrators may not necessarily have the authority to sell. So ask such questions from neighbors and local authorities to get deserving answers.
The number of years I have been in this field i have realised that there is a tendency for vendors to present photocopies to buyers for them to check with the land offices whether the land is free of incumbrances.
Now here lies a time Bomb!. Of course the buyer's lawyer or himself will go to the land office and check say Plot 30 block 789 and the information will in most cases march with the photocopy details and the land may be free of any claims. Then at the time of buying you are presented with a fake title and on reaching the land office for transfer of the same, you are told that the presented title is forged !!!! So as a matter of precaution my friends always seek to have a look at the original Title and if possible present the same at the land office for verification otherwise a simple search statement may not be enough to guarantee genuineness
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-- 1. Determine the intended use of the land. This will guide you on the location and size of land you need. Do you intend to erect rentals?who are your intended market? Could they own cars or need to use taxis? What's the land proximity to public means? Do you intend to have it as your own home?office?farming?etc
2. Due Diligence
Carry out as much research about the land and it's owners as possible. I understand that it's a good deal so u have to be fast. But then your earned money shouldn't be wasted. Strike a balance.
a)Carry out a legal search if the land is titled land. What kind of title is it? A freehold,customary, leasehold or mailo title? Check to see the lease terms and remaining duration of the lease if it's a leasehold. Check to see if terms permit your intended use?Check with issuing lesor if the seller hasn't any outstanding balances on ground rent, etc Find out the registered proprietor of the land.
b)Request a land surveyor to open boundaries of this land. Insist with the landlord that this happens. Quite often quoted sizes on land titles don't tally with the actual physical size. Further, the land could have poor or no gazetted access, or has a running trench, drain, overhead power lines, could be sitting on a sewer, could have an access road running through it, could be part of already gazetted land for road works, a large chunk could be part of an existing road or public utility like well, etc The boundary opening will guide you further on if the land has any existing squatters or boundary conflict with neighbours.
c) Insist on seeing the real registered proprietor or their legal attorneys. These should have powers of attorneys. Don't mind asking to look at their ID. It's your money you know!!!!! Try to relate the details on ID with the legal search results.
d)Try as much as possible to visit the land and inspect it fully before you part with your money. Do you see any house, garden,etc Ask those questions. Quite often people buy and inspect later-what a waste!!!
e)Again if it's titled land, is it family land? Does it have an ancestral, or matrimonial home on it, does the seller appear to be deriving economic sustainance from it(eg does intending seller til it for home consumption?), please ensure that you get the necessary consents (spousal, children,etc) The law demands so!
f) Insist on having a look at the duplicate (or what most people refer to as original land title certificate). See that there's a seal, and some features of a genuine land title. A seasoned surveyor or lawyer will guide you on verifying signatures on it since most of these people are known to them.
g)Are you purchasing part of the land or the whole? If it's part of it, negotiate to pay in installments, as preceded by survey and title progress. The seller should be able to sign a mutation form,part with a copy of their ID, 3 passport photos and copy of land title. This will enable a surveyor execute the first part of titling your land. After that stage, the owner should be able to part with the original title, and transfer forms.
h) check with the surveyor to see that the size of land you want to purchase is admissible for titling. Planning requirements can fail your ambitions. Eg in KCCA scope, the minimum plot requirement is an equivalent of 100' by 65' and not your usual 100' by 50
I)Move about and talk to neighbors and LCs for any clues or leads about this land. Note: It shouldn't be those introduced to you but those you have inquired and been directed to.
3. If it's not titled land, Kibanja, please find out the registered proprietor of that land. Is it the Kabaka, Church, Mosque,etc You need their consent to purchase this land or your purchase will be at risk. More diligence here is required to vet ownership.
Know The Vendor. Satisfy yourself that the seller is the legitimate owner of the land and that they have the power to sell. One can be known to own such land but without the power to sell it. Administrators may not necessarily have the authority to sell. So ask such questions from neighbors and local authorities to get deserving answers.
The number of years I have been in this field i have realised that there is a tendency for vendors to present photocopies to buyers for them to check with the land offices whether the land is free of incumbrances.
Now here lies a time Bomb!. Of course the buyer's lawyer or himself will go to the land office and check say Plot 30 block 789 and the information will in most cases march with the photocopy details and the land may be free of any claims. Then at the time of buying you are presented with a fake title and on reaching the land office for transfer of the same, you are told that the presented title is forged !!!! So as a matter of precaution my friends always seek to have a look at the original Title and if possible present the same at the land office for verification otherwise a simple search statement may not be enough to guarantee genuineness
"When a man is stung by a bee, he doesn't set off to destroy all beehives"
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