I LOST A LAND TITLE BEFORE TRANSFERRING IT, WHAT SHOULD I DO?
|
|
Losing a land title is stressful enough, but if you lost it before completing the transfer, then "yours are bad." Why? Because that land title does not yet belong to you, it still legally belongs to the person whose name is on it.
That means you cannot apply for a replacement yourself. Instead, you'll need to go back to the original owner and work with them to process a replacement.
But before you panic, let's go through the steps to resolve this situation, determine the status of the lost title, and take the necessary legal actions to recover it.
Step 1: Check the Status of the Title.
If you had already begun the transfer process, then before assuming the worst, first confirm whether the title had actually been transferred into your name. If you had already paid the transfer fees but had not yet taken possession of the title, conduct an online title search through the Ministry of Lands, Housing & Urban Development portal or visit the land registry office to check its status.
- If the search shows that the land is already registered in your name, then "yours are good." You can now follow the legal process to replace a lost title as the rightful owner.
- If the search shows that the land is still in the original owner's name, then "yours are bad." The title does not belong to you yet, so you must work with the seller to obtain a replacement before working on the transfer.
Step 2: Inform the Seller Immediately.
If the title is still in the seller's name, only they can apply for a replacement title. Contact them as soon as possible and explain the situation. If they are cooperative, they will follow the legal steps to obtain a new/replacement title.
Step 3: Report the Loss to the Police.
The registered owner (seller) must file a report at the nearest police station, declaring the title lost. The police will issue a Loss Report or Police Abstract, which will be required in the replacement process.
Step 4: Notify the Public Through a Newspaper.
To prevent fraud, a notice of the lost title must be published in a widely circulated newspaper. This gives the public (or any potential claimants) a chance to raise objections before a replacement is issued. The notice usually runs for 14 days before proceeding to the next step.
Step 5: Place a Caveat on the Title.
Since the land title is still in the seller's name, there is a risk that they (or someone else) could fraudulently sell or transfer it to another buyer. To protect your interest, you should place a caveat on the title.
How to Place a Caveat:
- Obtain a Caveat Application Form from the Ministry of Lands, Housing & Urban Development or a registered law firm.
- Provide details of the land, including the Block and Plot number, District, and current registered owner.
- Attach supporting documents, such as the sale agreement, receipts of payment, and police report confirming the loss of the title.
- Swear an affidavit stating your interest in the land and the reason for placing the caveat.
- Pay the applicable fee and submit the application to the land registry office.
Once the caveat is lodged, the land cannot be transferred, sold, or mortgaged without your consent (except in Uganda). This ensures that no one else can interfere with your ownership claim while the seller processes the replacement title.
Step 6: The Seller Applies for a Special Certificate of Title.
After the waiting period, the seller must apply for a Special Certificate of Title at the Ministry of Lands, Housing & Urban Development. The process involves:
- Filling out a Statutory Declaration Form, confirming the loss under oath.
- Submitting the Police Report and Newspaper Notice as proof.
- Providing details of the lost title (Block and Plot number, District, and former registered owner).
- Paying the required fees.
Once the Ministry processes the application and confirms there are no disputes, they will issue a Special Title, which replaces the lost one.
Step 7: Proceed with the Transfer Process.
Once the replacement title is issued, ensure that the transfer of ownership is completed immediately to avoid further risks. Both parties must:
- Sign the necessary transfer documents.
- Pay stamp duty at the Uganda Revenue Authority (URA).
- Register the new ownership at the Lands Office.
What If the Seller Refuses to Help?
If the seller is uncooperative, or wants to charge you heavily you may need to:
- Use the sale agreement as legal evidence to pressure them into applying for the replacement title.
- Consult a lawyer to negotiate or take legal action.
- Go to court if the seller is unavailable or unwilling to cooperate.
How to Avoid This Problem in the Future.
- Always complete the transfer process as soon as possible after purchasing land.
- Keep the original title in a secure place, such as a fireproof safe or a bank safety deposit box.
- Make certified copies of the title for reference (but remember, only the original is legally valid).
- Use a lawyer or professional conveyancer to ensure the transaction is handled correctly.
My Advice to you.
If you lost a land title before transferring it, your situation depends on whether the title was already in your name: If the land title is in your name, then "yours are good", you can apply for a replacement. If the land title is still in the seller's name, then "yours are bad", you must go back to the seller and have them process a replacement before you can transfer it.
To avoid such problems, always complete the transfer process as soon as possible after buying land.
Kind Regards Julius Czar Author: Julius Czar Company: Zillion Technologies Ltd Mobile: +256705162000 / +256788162000 Email: Julius@RealEstateDatabase.net Website: www.RealEstateDatabase.net App: Install the RED Android App Follow me on: Twitter, LinkedIn, Facebook.
|
|
|
OTHER PAGES
|
|
|
|