Fenekansi (not real name) bought five acres of land in Bugweri district. He paid all the money in a lumpsum. After signing the land agreement, the seller requested a grace period of six months to shift his house from the portion he had sold to his remaining portion. Fenekansi agreed to the request. After the grace period ended, the seller was still using the land and there were no signs he was about to vacate. Fenekansi reported his predicament to the local council authorities. The officials intervened and the seller requested another three months to finally vacate the land. An agreement to that effect was made spelling out the expected actions of both parties and clauses in case the seller fails to vacate the property in the stipulated period. Before the three months elapsed, the seller vacated the land. But by that time, Fenekansi had lost time and resources in making him vacate the land he had bought with his
hard-earned money. Many people like Fenekansi have lost their money and time trying to utilize the land they have bought because they never take certain actions after finalizing their land transactions. Many stories abound of people failing to use their purchased land due to various reasons. In this article, I will share actions one needs to carry out once he/she has bought the land. These actions are aimed at protecting your interests in the land. These actions will enable you to enjoy your rights in the purchased property. This article is a continuation of our due diligence series. I have discussed in the previous articles, the steps one has to take before buying land. In this article, I will be discussing what one needs to do after buying the land. The following are some of the actions needs to take after buying his or her land to safeguard his interests;
Occupy the land
Once you finish the transactions, the next activity is occupying the land. You need to show presence on the land. You need to put structures or grow crops on the land. Many people have left their land unattended and unscrupulous people have occupied the land and become a thorn to the landowners. These people, especially squatters, usually settle
on land and usually need eviction measures. There have been instances where other peoplehave even sold land that does not belong to them as they usually take advantage of the landowner’s absence. You need to show presence to prevent conmen from duping people and selling your land. You don’t want to spend your time in legal battles while chasing off
squatters and other trespassers. In case you are not able to occupy your land because of your busy schedule or you are abroad, you can get a caretaker to watch over your land. Care should be taken that the caretaker does not connive with malicious people to sell off your land. There have been situations where caretakers have sold their bosses’
land. Some caretakers have even claimed ownership of the land they have been given to take care of. It is paramount that you make written agreements stating the caretaker’s roles and what is expected of them. It is a good practice to have these agreements attested to or witnessed by local authorities, community leaders or lawyers. By documenting the details, one can be protected in case of improper behavior by the caretakers.
Create rapport with the neighbors and Local council officials.
It is paramount for you as a buyer to have the seller introduce you to the neighbors and the local council officials, especially the LC1. These will help you in case some people choose to masquerade as owners of your land. Many con men/women usually pose as landowners to dupe unsuspecting people of their money. The neighbors will act as protection against such people. They usually act as witnesses during land transactions so in case of impersonation they can let you know. They will be your eyes or ears to the ground to say.
Register your interests
Registered land: You need to officially register your interests in land. In case you are buying the entire piece of land. You are required by law to carry out a transfer of title from the names of the sellers to yours. The seller will need to give fully signed forms and other documents like pass photos and copies of National identity and Tin Number. With the help of a professional land surveyor, you can have your interests fully registered.
In case you are buying off a certain portion of a bigger parcel. You need to acquire
the services of a land surveyor to carry out a subdivision of the land. The surveyor will
delineate the portion of the acquired land and help you acquire the certificate of the times in the name of the seller. The seller will then sign transfer forms and later on, the surveyor will help you complete the transfer process of your interests in the acquired piece of land.
Unregistered land: for unregistered you will need the services of a professional surveyor
to help you register your interests. Depending on the land tenure system. The surveyor will guide you through the process of acquiring the certificate of title. Different tenure systems have varying requirements. Care should be taken to involve your neighbors, local authorities, or other community leaders in the process of registering your interests. The surveyor will help you demarcate your portion and take measurements to aid in the processing of the certificate of title. The measures above are not exhaustive but I believe they can put you in a better position to protect your interests. We work hard for
our money and usually buy land to utilize it without any encumbrances. So if you can work hard for your money, I believe that you will be able to put into action the above measures to fully protect your interests in the purchased land.My prayer is that you will not have to struggle like Fenekansi to utilize your land after working so hard to buy.
The author is a Land surveyor and Author of a book: Buy the land; How to make a fraud proof land transaction in Busoga.
