Civil Law
Civil Law Practice – Mercio Advocates
Mercio Advocates offers comprehensive Civil Law services, representing individuals, businesses, and organizations in disputes involving contracts, property, torts, landlord-tenant matters, debt recovery, and civil rights. The firm provides legal advice, document drafting, court representation, and appeals, while promoting efficient dispute resolution through mediation, negotiation, and arbitration. Their experienced lawyers are dedicated to achieving practical, fair, and cost-effective legal solutions.
Frequently Asked Questions
1. What due diligence should one undertake before buying land in Uganda?
- Conduct an official search at the ministry of lands: This helps to ascertain if the land has any encumbrances, and if the vendor is the registered proprietor.
- Physically inspect the land (Paper work in the land office may not reflect the reality on the ground).
- Ascertain the vendor: Get National Identity cards, valid passports and valid driver’s license. Find out if they are married to know if spousal consent is required.
- Ascertain the measurements of the boundaries: Employ a surveyor to open the boundaries of the land
- Consultation with Planning authorities: The purpose is to confirm with the authorities whether the land is a wetland or not it is also important to identify if the title has no restrictions such as for residential purposes only, or for touristic activities only)
- Spousal consent: Incase the land is family land, a spousal consent is required. The spousal consent shall be in writing.
- Signing of the Transfer form: The vendor and the purchaser are both required to sign the transfer form together with their witnesses in the presence of an Advocate. The advocate must attach his or her practicing certificate.
At Mercio Advocates we guide you through all these processes seamlessly.
2. What documents should the purchaser ask for before buying land in Uganda?
- A copy of the land title (In law a title is generally conclusive evidence of ownership).
- National Identity cards of the seller (Sometimes the seller is an impersonator or may use forged National ID’s).
- Sale agreement (which the seller used when purchasing).
- Consent documents where necessary (Especially if the land being sold is matrimonial property or has a bank lien).
- Survey reports and deed plans (This is to verify that the land title matches with the land on the ground in terms of location and size).
- Previous transfer documents (Many times these are hard to obtain but are necessary).
3. Can a person sell family land without the spousal consent?
Under the laws of Uganda, family land cannot be sold, mortgaged, transferred, leased or transferred without the consent of the spouse.
4. What is family land in Ugandan Law?
Family land is land on which the family home is situated, land that provides the principal source of livelihood for the family.
5. What is a land title?
A land title is a legal document showing ownership of registered land and contain details of the owner of the land, size of the land, location and encumbrances affecting the land
6. What is Mercio Advocates experience in Civil Law?
We handle all sorts of civil cases ranging from private clients to Diplomatic Missions and Governments see: https://ulii.org/en/search/?q=Mercio+Advocates+&nature=Judgment
7. Can a foreigner own land in Uganda?
Foreigners cannot own land under freehold or mailo tenure but may acquire interests in land through leasehold arrangements.
8. What is the procedure of acquiring a special certificate of title in Uganda?
A special certificate of title is issued in Uganda incase the original title is lost or destroyed or become obliterated.
- Draft a formal letter to the Registrar of titles requesting for the issuance of special certificate of title indicating reasons as to why.
- Applicant shall attach a statutory declaration affirming facts stated in the letter.
- Applicant shall pay the necessary fees such as registration fees, stamp fees and application fees.
- Applicant presents the documents to the ministry Zonal Office where the land is situated.
- The registrar must give at least one month’s notice of the intention to issue a special certificate in the Uganda Gazette.
After the notice period expires, and if no valid objection is raised, the Registrar issues a “special certificate” which serves as a replacement for the lost duplicate and has the same validity.
9. What is the procedure for obtaining a substitute certificate in Uganda?
- The procedure is governed by section 71 of the Registration of Titles Act and is used when the original certifi8cate of title held in the Register book is lost, destroyed or becomes illegible.
- The Registrar causes a copy of the original certificate to be prepared.
- This copy is endorsed with all entries that were on the original, as can be ascertained from office records and other available information.
- The registrar then makes and signs a memorandum on the copy, stating that it is a substitute for the original and explaining what happened to the original, as far as is known.
- From the date of the Registrar’s signature, this substitute copy is bound into the Register book and used in place of the original for all purpose. Notably, this section doesn’t explicitly require a notice in the gazette as the process is an internal administrative one to restore the integrity of the registry’s own records.
10. Why should one hire a lawyer when buying land in Uganda?
A lawyer can:
- Conduct due diligence
- Prepare legal documents
- Ensure compliance with the law
- Protect one from fraud
Register all land transactions properly