Uganda - Apply for Original land Title

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Procedure

1. Get the plot and block number for the land in question;
2. Request a search and obtain Consent form at the Registry of Titles: Here the registry gives a ticket with the amount to be paid, which one takes to the bank to pay in full.
3. Pay Search Fee and Stamp Duty at any Commercial Bank and obtains a receipt that will later be presented again at the land registry to complete the procedure.
4. Conduct a search at the Registry of Titles and this is done after presenting the receipt of payment of the search fee from the bank
5. At this time one also picks up the consent to transfer application (in cases where the land was registered in another persons names.
6. Attach all required documents like Transfer and Consent Forms, Mutation Form, Application for certificate of Customary Ownership and the sale agreement (in cases where the applicant is buying the land in question). It is not mandatory to use a lawyer to draw up the sale agreement or conduct the transaction, but in our case it would be common practice.
7. Valuation of property for transfer purposes by Chief Government Valuer's Office in order to determine its valuation for transfer purposes and for assessing and paying stamp duty
8. Obtain income tax clearance certificate and assessment form for payment of stamp duty from Uganda Revenue Authority: Once the Chief Government valuer has given his consent on the cost, the file is taken to the Uganda Revenue Authority, where an assessment form for Stamp duty is provided. The Uganda Revenue Authority also requires that anyone who purchases land valued at more than UGX 50,000,000.00 (approximately $20,000.00) obtain an income tax clearance, denoting the purchaser's source of income for taxation purposes, before registration. At that time, the name of the designated bank will be provided.
9. Payment of stamp duty at the designated commercial bank: In the first instance there is an assessment form which is taken to the bank and payment is made. The Bank will inform the Uganda Revenue Authority that payment has been received. There is a reconciliation process between the Bank and the Uganda Revenue Authority which can take up to 3 days.
10. Obtain consent to transfer from Land Office: This is done by lodging the transfer forms with the Land office. (A receipt of payment of consent fees must be presented and when the transaction involves companies, they must file with the companies registry a special resolution authorizing the transaction, which costs UGX 20,000)
11. Present documents to the Kampala City Council: The documentation include: Signed sale agreement, Receipts of stamp duty payment and Companies resolutions to buy and sell. Here the embossed sale agreement is given to the Kampala Capital City Authority for assessment of Registration Fee.
12. An assessment form is given providing the amount to the paid for Registration Fees. This form will also provide the name of the designated bank where payment is to be made.
13. One makes Payment of registration fee at a designated commercial bank to continue with the registration process.
14. Lodge the sale contract (including Receipts of payment for registration fees, Photocopies of IDs and passport size photographs of both Seller and Buyer) at the Land Office where it is transmitted to the Registrar who passes the Instrument of Transfer.
15. The file goes to typing and is then sent to the Commissioner in charge of Land Registration for verification. The registrar cancels out the old owner in handwriting and signs against the new owner.
    

In cases of a lease title out of government land one goes through the following process:

• Applicant fills in Land Form 7,
• Make payment of an application fee of 20,000/=
• Attach required documents like at least 2 passport photographs in case of individual applicants, or in case of body corporate a copy of certified certificate of registration / incorporation and articles / Memorandum of Association ( in case of companies, NGOs, Associations, Registered Trustees, Cooperatives societies etc)
• Submit application to Secretary Uganda Land Commission who on receipt:-
• Conducts a site visit to the land;
• Consults the Commissioner Land Administration on status of the land and technical guidance; and
• Must consult the user Government Department / Institution for clearance to re-allocate the land.
• The Commission sits to consider the application and sets terms and conditions.
• Thereafter the approved application is sent to the CGV to assess premium and ground rent.

Apply Online

• Application for land titles on line has not yet started however the Land Registry is currently undergoing a file digitization process line.
• IGN, a French company, was contracted to capture all the information and storing them online and this involves scanning all paper files and
• Creating a computer database. Details can be obtained by visiting http://ugandaradionetwork.com/a/story.php?s=47020.

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Required Documents

• Identification Card;
• Passport photo.

Office Locations & Contacts

Uganda Lands Commission - Head Office,
PLOT 3-5 Portbell Road, Nakawa
BLOCK “B” 4th Floor Nakawa Business Park
Kampala, Uganda
P.O. Box 36408
Kampala, Uganda
Tel: 0414-235-597
Enail: [email protected]
Website: Link

Eligibility

• Anyone who owns original land can apply for a land title.

Fees

Total fees may go up to 47500/= and 67500 for companies. The fees is broken down as below.

• Search and Consent Fee - UGX 25,000 /= (UGX 10,000 search fee + UGX 2,500 bank fee, UGX 10,000 Consent fee + UGX 2,500 bank fee)
• Companies Registry a Special Resolution - UGX 20,000/= (When the transaction involves companies, they must file with the companys registry a special resolution authorizing the transaction, which costs)
• Registration Fee - UGX 22,500 (UGX 20,000 in fees + 2,500 bank fee).

Validity

A land title has no validity period as long as it is issued by the authorized body and transfer of title to another person is not made.

Documents to Use

• Transfer and Consent Forms
• Mutation Form
• Application for certificate of Customary Ownership
• Notice to show cause why tenant should not be terminated for non payment of rent
• Application for conversion from customary tenure to freehold tenure/grant of freehold
• Application for conversion of leasehold out of former public land to freehold
• Application for a leasehold
• Notice of hearing of Application for grant of freehold
• Grant of freehold by District Land Boards

Sample Documents

The sample documents may be obtained from http://www.mlhud.go.ug/landforms.php and http://www.ulc.go.ug/

Processing Time

Processing time may be three (3) to four (4) weeks; however when the new digitalized process of the lands office is completed, chasing a land title will be taking minutes instead of weeks.

Related Videos

Videos explaining the procedure or to fill the applications. 
Attach videos using the following tag <&video type="website">video ID|width|height<&/video&> from external websites.
Please remove the "&" inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver, 
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url "http://www.youtube.com/watch?v=Y0US7oR_t3M" Video ID is "Y0US7oR_t3M". 
	

Instructions

• Visit the ministry of lands to acquire necessary application forms and accurately fill them;
• Make copies of all the necessary documents;
• Make all payments; and
• Submit application to the land office.

Required Information

• Full name and address of applicant;
• Details of the Land in question i.e. location, plot and block numbers;
• Details of original owner.

Need for the Document

A land title is a document that authorizes and verifies ownership of land. In Uganda, the law provides for 2 types of certificate of land ownership, namely: -

• A certificate of title issued by a Registrar of Titles under the RTA cap 230 and only qualifies to Mailo, leasehold and freehold tenures and *A certificate of customary ownership / occupancy issued by a recorder under the Land Act 227 and only applies to customary tenure and tenancy by occupancy respectively.

Information which might help

It is important to note that:

• The Land Registry is currently undergoing a file digitization process which involves scanning all paper files and creating a computer database.
• The consent form has a dual purpose, because it is the same form that is used for the payment of taxes, so even in instances where the land is owned in freehold and there is no need to obtain consent to transfer, the same form will be used to determine tax payments owed and to make payment.
• ULC can only acquire a freehold certificate out of former public land by applying to the respective Land Board where the subject land is located.
• ULC cannot grant an interest out of government land greater than leasehold.
• Occupants on Government land do not enjoy security of occupancy.

Other uses of the Document/Certificate

The land title is very important because it is the only evidence you have of ownership. It further:-

• Contributes to family's security because one is sure that they cannot be evicted;
• Avoids land disputes; and
• Can be used to obtain loan facilities from banks.

External Links

• http://www.doingbusiness.org/data/exploreeconomies/uganda/registering-property/
• http://www.ugandanconventionuk.org/2011/07/21/government%E2%80%99s-computerization-efforts-to-simplify-land-registration-for-ugandans/
• http://www.kcca.go.ug/

Others

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