Whether you are inheriting, buying or selling land, it is important to know the legal issues invloved and authorities to approach for assistance, writes Sharon M. Omurungi of Nation Media
Ms Anna Bukirwa, 24, thinks there is no need to learn about the land law. If the time comes when she cannot avoid it, then she will learn about it.
“That is why there are lawyers by the way, so why should I do their job. If I inherit or buy land or property, they will be there to render their services and I will be glad to hire them,” she says.
However, Mr Francis Namutwe, 45, says that if he had known the law earlier, he would not have spent a lot of money. “I first ran to the local council chairpersons thinking they would help, but it was all a waste of money and time,” he says.
He adds that by the time he went to the right authorities, he almost had no money to run the rest of the process.
The importance
Mr Fred Baka, a lawyer with Kayanja and Company Advocates in Kampala, says one mistake that people make is to run to the Resident District Commissioner (RDC) or local councils instead of lawyers or the court.
“Generally, most people do not understand the law. Well, let’s say they know a little through what they hear, but they mix it up; thus, ending up in the wrong places before going to the right places for help,” he says.
However, Mr Alex Nkabahona, a lecturer on peace and conflict studies at Makerere University, says, “There is a new awareness of the value of land now, especially with the discovery of oil and minerals.”
He adds that this has been prompted by outside investor interests. Locals are now beginning to look at land as a source of commercial capital. Depending on what position you are in regarding the land laws, get to know what you are supposed to do and not do.
Inheriting the land of the deceased
First of all, you have to have documents to show that you are a relative to the deceased. These documents are supposed to be taken to the administrator general who takes them to court for a petition to give you permission to the property.
“The process depends on the person handling it.” Mr Baka says. After the property has been changed to your names, then you have nothing to worry about.
Buying land
“Before you buy land, do a thorough research about it. Write to the lawyers to advise you on what to do,” Mr Baka advises. As part of the research on the land you intend to buy, especially mailo land, write to the land registrar who will reply you with a memo giving you all the details of the land. “If the names of the parties intending to sell are on the memo, then you are dealing with something valid,” he explains.
Selling land
The person selling land should be registered not a transferee. The owner of the land, with a land title, is the only one that can sell; the transferee (to whom a title or property is conveyed) cannot.
As a tenant
According to the law, to be a known tenant or squatter, you must have occupied the land for 12 years or more. Then the tenant can be able to attain a certificate of occupancy from the landlord.
“You are free to use the land for anything including development.” Mr Baka says, However, if one is to sell the land, they should give a notice to the landlord. The notification will help the new people (the new landlords) to have the title to the land.
Land tax
When buying land, the owner pays 10 per cent of the transactions made on that land to the Uganda Revenue Authority. “That is why you get the land title. The percentage is partially meant for that purpose. You pay once unless you are on lease,” Mr Baka says. He adds that the amount paid for leasing the land depends on the time the land will be leased. The leasing amount can be paid in two ways; premium, where one pays for the value of land and annual rate, this is paid depending on the location.
Owning land is wealth and Mr Baka argues that wealth leads to prosperity and development of the person and country at large. So getting to know all you need about the land laws can be helpful to avoid money and time wastage in the future.
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