ALP Legal Alert

Land Transactions (Practice on Identification of all parties undertaking Transfers)

By ALP Advocate
on
September 16, 2021

Lands ministry requires identification of parties in land transactions—as vendor and purchaser are to appear before the Registrar in respect of land transfers, and likewise a caveator or mortgagor in respect of releases of any kind.

Land Registry’s practice on identification of all parties undertaking land transfers in Uganda

The Ministry of Lands, Housing and Urban Development has recently adopted a practice whereby, before transfer on land can be effected, the Vendor and Purchaser are required to appear before the Registrar for identification. At most Ministry Zonal Offices (MZOs),appearance and identity of the Vendor is a MUST.

This same requirement for identification likewise applies to releases of any kind. The Caveator or Mortgagor MUST appear before the Registrar to consent to release of land-related instruments.

The implication of this practice is that:

(a) Parties to a land transfer transaction should be present for identification before the transfer is registered.

(b) Parties that have lodged any manner of encumbrance on the land should appear physically for identification before such release or removal is effected by the Registrar.

The rationale of the requirement for personal attendance is to curb the fraud that has been and is still being committed at the Lands Registry especially regarding the transfer and release of interests. This ranges from impersonation to forgery.

This is therefore to advise our esteemed clients that this procedural requirement should be complied with when called upon by Registrars during execution of transfers on land or consent to release of equitable interests on land.


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Disclaimer

No information contained in this alert should be construed as legal advice from ALP East Africa or ALP Advocates or the individual authors, nor is it intended to be a substitute for legal counsel on any subject matter.

For additional information in relation to this alert, please contact the following:

  • Ann Namara Musinguzi

         Head, Regulatory & Compliance Department

        anamara@alp-ea.com

  • Fiona Latigi

      Extern, Regulatory & Compliance Department