Category Land

Kabaka’s land is 350sq.miles


Kabaka’s land is 350sq.miles. It is located in the different counties of Buganda. Kabaka’s land is titled. What happens however, is that most people who live on it have no land titles as historically, people were not getting titles on Kabaka’s land. They would have bibanja and pay busuulu and ENVUJJO. However, Ssekabaka Muteesa opened up the land and people started getting titles. Kabaka Mutebi continued with having people getting land titles. Buganda Land Board has therefore been issuing land titles to those who apply and qualify to get them.

What are the likely effects of not getting a title on kabaka’s land if I pay busuulu?

Ideally you are protected by law and BLB or the Kabaka are satisfied with your occupancy. However, that may not protect you from the following: 1. In cases of boundary and ownership conflicts, instead of relying on surveyors to open boundaries for titled land-that will not be possible with you. We shall need evidence of neighbours, natural vegetation, hills, etc and all other such marks that define your kibanja. In cases of compulsory acquisition of land by govt for govt projects like roads, electricity lines, etc you are only compensated the fair eqivalent of a kibanja owner. If you have a land title, then you get compensated for more. Also getting a mortgage from a bank or loan is constrained. Banks find ndagano or sales agreement for your kibanja as weak collateral. Finally, your kibanja is always under threat by a neighbor who could one day extend their boundaries into you, or could actually survey and include your kibanja into being part of their land. They would then choose to resurrect this and claim your kibanja at your demise.

if you’re within the precincts of an urban authority like KCCA and Wakiso, your plan will not be approved without a title. If you proceed and build without authorization, you’ll get problems from their compliance teams who can demolish your structure. Building without authorization is illegal and you can face penalties. These can include fees or demolitions. So this applies to any construction whether on Kabaka’s land or not. Payment of penalties does even exonerate you from the need to acquire an approved building plan. Needless to say, you need the landlords consent or proof of a land title before such approvals.

Many major organisations have both workers and impersonators who fraudulently extract money from unsuspecting victims. As a rule, Buganda Land Board fees are all paid in the bank.

What is mailo land?

Mailo land is just a Luganda word for land in miles. In the 1900 agreement, land was allocated in square miles. The Baganda called it Mailo, a translation of mile.

There is what is called private mailo ( the 8000 plus sq miles which were shared by private land owners and chiefs) Then there’s official mailo. That is land which was allocated to offices of Buganda.I.e counties, Kabaka, Namasole, Katikkiro, Omuwanika. That land can not be sold off in perpetuity.

What is ‘Busulu’??


Busuulu is the nominal fee one pays for living on one’s land annually. In villages, it is 5000ugx. In town boards, 30,000ugx. In Municipalities, it is 40,0000ugx. In Cities, it is 50,0000ugx.

When constructing, you only pay consent to develop if you already, Kanzu was already paid when you were buying. If not, you are then required to pay consent to develop and Kanzu. To pay consent to develop, in Kampala and Wakiso, you need to submit your building plan, and your ownership documentation.

The busuulu fees mentioned above were determined by the Minister of Lands and District Land Boards in the different areas. You need an approved building plan before u start constructing be it Kabaka’s land or not. The urban authorities have enforcement teams that check on none Compliance. BLB works in collaboration or support with the enforcement teams. In some cases, BLB has signed MOUs with urban authorities to carry out enforcement activities. Such teams can Confiscate building materials on behalf of the town councils, municipality or planning authorities. They can also require you to pay penalties. Payment of penalties such as 300k doesn’t mean that you are then free to construct. You still have got to pay for plan approvals.

The most important process is getting consent to build from BLB. It is that clearance that the urban council depends on to approve your plan especially if you have no land title. If your plan was approved without it, I ask that you get it to avoid future disturbances.

Why is Buganda Land Board keen on helping urban councils enforce the building rules?

1. It is fathomed that enforcing the rule of building with approved plans will eliminate slums off Kabaka’s land. Kabaka’s land is grappling with slums. Slums reduce the value of the Land; affecting both Buganda kingdom and the tenants especially at time of selling, mortgaging, compensations. Slums also proliferate crime, disease.

2. Building with approved plans acts as a gatekeeper against land/bibanja grabbers since for one to get an approved plan, proof of ownership of the land/kibanja they are to build on is the first requirement.

Can a foreigner have rights on Kabaka’s Land?


Yes. A foreigner can get a lease land title on Kabaka’s land. All foreigners by law are supposed to be leaseholders. What to know on Kabaka’ land.

1. If you are buying a Kibanja on Kabaka’s land, ensure that whoever sells to you pays Kanzu (consent to sell). If they don’t pay it, you end up paying it since the law states that if a kibanja is exchanged without a consent from the land Lord, the transaction is null and void. However, Buganda Land Board gives the buyer a chance to pay for the consent if the seller never paid for it. To avoid the one selling to you the Kibanja running away with the consent to sell(Kanzu), make sure that the transaction takes place at the office of Buganda Land Board.

2. When buying a Kibanja, ensure that you get EBBALUWA ENTONGOLE from Buganda Land Board. EBBALUWA ENTONGOLE confirms transfer of the Kibanja ownership from the one who sold to you into your names. If that is not done, someone can turn around and claim ownership of a Kibanja they already sold to you.

3.If you live on Kabaka’s land, register it with Buganda Land Board. That helps you to secure your kibanja from being claimed by anyone else.

4.You can get a land title on Kabaka’s land through banks using a product called Lease Access Financial Initiative. The advantage with that, banks finance you to get the land title. They then also give you money to develop your land. The, a repayment plan is drawn. It is always easy to pay back a loan when you have a source of income.

People are using this to build rentals, schools, factories, ware houses.

The land title is a lease with automatic renewal. If you get a 99yr automatic renewal lease, to me, it is more less like absolute ownership.

How big should land be to qualify as ”ekibanja”?


Ideally, a Kibanja shouldn’t go beyond 5 acres. Historically, a Kibanja comprised of where you live and cultivate from. Where you stopped cultivating, is where your kibanja ended. Any unused space, acreage then was taken over by the land lord.

However, today, no matter the acreage, the moment you live on any land without having a land title, it means you hold a Kibanja on someone’s land ( the one who owns the land title). However, to have legal protection against eviction, you must be a bonafide kibanja holder or a lawful kibanja holder.

A bonafide kibanja holder is one who lived on a piece of land 15yrs before the 1995 constitution was promulgated.

A lawful kibanja holder is one who came on land as a result of the 1921 Busuulu and envujjo law, or who lawfully bought from a lawful, bonafide kibanja owner, or one who gets recognised by the land lord.

If you buy a Kibanja without the consent of the landlord, you cease being a kibanja holder. You become an enchroacher who has no protection under the law. The landlord can therefore evict you any time they wish.

If one has a plot,how can one go about it (secure) ??

First by registering with BLB. You can then choose to pay busuulu or get a land title. To register with BLB

Holders of leasehold titles pay annual ground rent. None title holders pay annual busuulu. The latter is as determined by govt.

I have registered land twice on Kabaka’s land.What do i do?


I have registered my land twice. Every after a year or so a new company comes and registers and takes money.

Land is registered once. The only time land was registered by another party other than Buganda Land Board was when KK registered. However, those who registered with KK were never asked to register again. They were asked to present their receipts. The other registration which was done was after the KK registration and it aimed at those who had not registered plus those who wished to have their land surveyed.

If you registered already, just go to Buganda Land Board and confirm your registration number.

All Buganda Land Board employees have Identity cards. And they are normally required to move with them, placed on their body where they can be seen. Other than the kk registration that happened in 2007-2008, and confined in Makindye Ssabagabo area, the other campaigns on registration were actually for people who had not registered at all. But it so happens that each time people hear about any new registration campaign, they get registered again. Please always keep away from such double or multiple registrations. You only need to register once!!

Do I get absolute ownership or its a lease?

No you dont get absolute ownership. BLB only offers leases. This is what is known as sustainable management of land. We need our decendants and great great decendants to find the land available for them to lease too. Kabaka’s land sis official mailo land and is not given in perpetuity. But you can get a 99 yr old lease. Anyone can get 99yrs as long as they qualify and have applied for it. It is 45 years but if you so desire to acquire a 99 year lease you just put in a formal request and you will be guided.

Whoever registered with Buganda Land board and has documents or receipts as proof, feel free to visit any of their branches to ascertain your status. Some of the BLB offices include– Nansana branch next to kibuloka stage at nakuule, ndejje at the lufuka grounds namasuba-zana, makindye next to makindye court and kibuga branch at muganzirwazza building katwe.
Outside kampala is MUKONO branch, luweero branch, Mpigi branch, masaka branch,njeru branch,Mityana branch and out reaches at mubende, sembabule,kasangati, lyantonde, Ssesse,among others .You just go to any of Buganda Land Board offices, pay a search fee, and the search is done for you. A search will help you know whether the Kibanja is registered or not, whom it belongs to, any mortgage incumbrancies on it, disputes……actually, any body buying a kibanja on Kabaka’s land would avoid losing their money by first carrying out a search.

Key to note too when you register your plot in BLB, a file is opened up in your names and documents filed. The client is given a file number which is your reference every time you come. Feel free to consult any branch about your file. With all the payments made, a copy of the receipt is filed. Regularize your tenancy and develop your land happily.

There are no strict or written regulations against buying land but the following clues can help


By Kizito Bashir Juma

There are no strict or written regulations against buying land but the following clues can help:
1. Determine the intended use of the land. This will guide you on the location and size of land you need. Do you intend to erect rentals?who are your intended market? Could they own cars or need to use taxis? What’s the land proximity to public means? Do you intend to have it as your own home?office?farming?etc

2. Due Diligence
Carry out as much research about the land and it’s owners as possible. I understand that it’s a good deal so u have to be fast. But then your earned money shouldn’t be wasted. Strike a balance.
a)Carry out a legal search if the land is titled land. What kind of title is it? A freehold,customary, leasehold or mailo title? Check to see the lease terms and remaining duration of the lease if it’s a leasehold. Check to see if terms permit your intended use?Check with issuing lesor if the seller hasn’t any outstanding balances on ground rent, etc Find out the registered proprietor of the land.
b)Request a land surveyor to open boundaries of this land. Insist with the landlord that this happens. Quite often quoted sizes on land titles don’t tally with the actual physical size. Further, the land could have poor or no gazetted access, or has a running trench, drain, overhead power lines, could be sitting on a sewer, could have an access road running through it, could be part of already gazetted land for road works, a large chunk could be part of an existing road or public utility like well, etc The boundary opening will guide you further on if the land has any existing squatters or boundary conflict with neighbours.
c) Insist on seeing the real registered proprietor or their legal attorneys. These should have powers of attorneys. Don’t mind asking to look at their ID. It’s your money you know!!!!! Try to relate the details on ID with the legal search results.
d)Try as much as possible to visit the land and inspect it fully before you part with your money. Do you see any house, garden,etc Ask those questions. Quite often people buy and inspect later-what a waste!!!
e)Again if it’s titled land, is it family land? Does it have an ancestral, or matrimonial home on it, does the seller appear to be deriving economic sustainance from it(eg does intending seller til it for home consumption?), please ensure that you get the necessary consents (spousal, children,etc) The law demands so!
f) Insist on having a look at the duplicate (or what most people refer to as original land title certificate). See that there’s a seal, and some features of a genuine land title. A seasoned surveyor or lawyer will guide you on verifying signatures on it since most of these people are known to them.
g)Are you purchasing part of the land or the whole? If it’s part of it, negotiate to pay in installments, as preceded by survey and title progress. The seller should be able to sign a mutation form,part with a copy of their ID, 3 passport photos and copy of land title. This will enable a surveyor execute the first part of titling your land. After that stage, the owner should be able to part with the original title, and transfer forms.
h) check with the surveyor to see that the size of land you want to purchase is admissible for titling. Planning requirements can fail your ambitions. Eg in KCCA scope, the minimum plot requirement is an equivalent of 100′ by 65′ and not your usual 100′ by 50
I)Move about and talk to neighbors and LCs for any clues or leads about this land. Note: It shouldn’t be those introduced to you but those you have inquired and been directed to.

3. If it’s not titled land, Kibanja, please find out the registered proprietor of that land. Is it the Kabaka, Church, Mosque,etc You need their consent to purchase this land or your purchase will be at risk. More diligence here is required to vet ownership.

Know The Vendor. Satisfy yourself that the seller is the legitimate owner of the land and that they have the power to sell. One can be known to own such land but without the power to sell it. Administrators may not necessarily have the authority to sell. So ask such questions from neighbors and local authorities to get deserving answers.

The number of years I have been in this field i have realised that there is a tendency for vendors to present photocopies to buyers for them to check with the land offices whether the land is free of incumbrances.

Now here lies a time Bomb!. Of course the buyer’s lawyer or himself will go to the land office and check say Plot 30 block 789 and the information will in most cases march with the photocopy details and the land may be free of any claims. Then at the time of buying you are presented with a fake title and on reaching the land office for transfer of the same, you are told that the presented title is forged !!!! So as a matter of precaution my friends always seek to have a look at the original Title and if possible present the same at the land office for verification otherwise a simple search statement may not be enough to guarantee genuineness

An LC 1 chairperson should not charge witness fees to witness your land transaction.


An LC 1 chairperson should not charge witness fees to witness your land transaction.

If it is a kibanja purchase, look for the landlord to give consent and witness the transaction for it is against the law to carry out a transaction on land without the consent of the land lord. In fact, the transaction is rendered null and void and the kibanja reverts back to the land lord thus the purchaser losing both the kibanja and their money.(In case of Kabaka’s land, have Buganda Land Board as the witness).

If it is titled land, do a proper search, and go on with your transaction using any witness you are comfortable with(it is not a must to have a witness. Just have a proper title transfer effected)

The 10% given to LC 1s drives corruption and fraud in transactions as they seek to earn more by purporting to witness multiple transactions on the same piece of Land……… The role of the LC is always to witness and make the Ndagaano.Both buyer and seller give akasiimo. Maybe 100k from buyer n 50k from seller.

Land grabbing in the north may be an experiment for elsewhere in Uganda


By Peter Simon via UAH forum
folks,

For so long we have allowed misplaced hatred to govern us resulting in discrimination, destruction of property and loss of life. While all these things were happening to some parts of the country, the rest were happy and celebrating.

Now time has come for every Ugandan especially all land owners to face the same fate; if it becomes law that government can take any land for “development projects” and pay later then all will cry, maybe that will mark the beginning of unity. It started from the north and northeast with IDPs but once the project is concluded there, there will be a shift elsewhere, there is no mistake about it. This is a social experiment taking place, there will be no turning back; it is just a matter of time.

All Ugandans should not look at this issue as Amuru land or whatever; it is an experiment bound to spread throughout. I like development and land is one of factors (inputs) considered in localization of industry; any investor must factor the cost of one of the inputs (land) without which it will give false reports of profits/success. Let the investors or government negotiate with the land owners, agree on the compensation and pay for the land or give shares to the land owners, then proceed with the project.

Also, as Ugandans we should evaluate the success of investors where they already operate, how have such investments impacted the communities around where they operate. For instance, Ugandans should tour Busoga region to see for themselves how Madhavi Sugar Factory has improved the lives of people there so that we can expect some positive change for our people in Acholiland or any other place where such projects might be taken.

It doesn’t make sense to say it will improve the lives of Acholi people if same projects have not improved the lives of the people where they already operate. What will bring the difference?

Land in Acholi is the most expensive in the country


Acholi Men dancing

BY AKIM ODONGO VIA UAH FORUM

If it was not for the poor leadership to date, Uganda would have been way ahead of most African countries. As we speak, there are Ugandan entrepreneurs, who have against all odds have made it big, Some are held back by fear of surpassing the leading elites. Infact, i dare say that among them there are Acholis who have overcome the discrimination and and outright animosity from the current regime to do great things.

Despite the vast land in Acholi, per acreage, land in Acholi is the most expensive in the country.In large scale farming, Acholi exceeds all the regions.All this should count for something. That the people are able except for the leaders who simply shoot their way to power and end up not knowing what to do.

I don’t know much about the people in the diaspora, but one thing i know is that the money they remit home is sustaining the limping economy of Uganda and better still the people in the diaspora have taken advantage of free education and as such first generation Ugandans are well equipped, many matching George Okello’s number of degrees. These are the brains that should be fuelling Ugandans progress if it was not for the leadership, who feel threaten and now they have come up with some dubious exercise regarding duel citizenship, an attempt to throw to frustrate Ugandans children who are ready to take their knowledge back home. Smart leadership would given them incentives to entice them home lakini wapiiii!. That is why i think Acholi would benefit more with federalism because our need for federalism is not about “King and us”, but about progress, rule of law, and better still freedom to excel. Acholi at the moment is being held back!

Wwat Uganda needs is good leadership, one that is educated and follows world trend. What we currently have is village material who has no respect for the constitution and who is willing to lie through the teeth, who aids and abets corruption. Take a look at the way MPs are falling over themselves to rip apart the very constitution that they voted for. What hope is there for the country if the leaders can take bribes without shame? I am with Bobi Wine on this. I hope he does not turn out to be another of those you cannot trust.

HUSSEIN KYANJO ON THE CURRENT MOVES BY DR. MUSEVENI TO SOLVE THE LAND EQUATION


HUSSEIN KYANJO


It is now official that Dr.Museveni is embarking on a national radio campaign to explain his position on land matters i hope and pray that he gives his honest opinion. This is the third approach on the same subject in recent times.

He started with the obvious formality of going through cabinet to send an amendment bill to Parliament which move hit a dead end only to be prematurely withdrawn.

The second approach was the Bamugemereire commission which is gathering views from the public while sunctioning drastic actions along the way. After all its findings slightly before giving recomendations the commission will as is now known practice visit the great leader for his input. He will get hold of the entire report, get his legal and business experts to find areas where he will twist Ugandans to get hold of their land a thing he has wanted in vain since the bush war times.

It is alleged that during the war in Luwero Dr Museveni travelled extensively and he saw miles of bush land whose owners he couldnt figure out exactly. The story goes on to say that he promised him self to fix the question of land once he got his way. Now there is no doubt he arrived and it is about time to deal with the problem.

During the course of time new discoveries have been made on land in Bugerere, Busoga, Bunyoro and northern Uganda in general and it all adds up to the same un answered question hence the multi faceted approach.

The third attempt as i said is the radio arrengement. The President will be received by hired crowds as he visits different radio stations and after his presentation again pre organised callers will weigh in to emphasise or just support the big mans position. After he is done with the mock excersise official recordings will be made and combined with the Bamugemereire final report a new bill will be proposed and sent to Parliament and the expected result will be got using the numbers in the house.

Mean while there is a hanging dilema of big chanks of land owned by different people from the fevored class Dr Museveni him self is one of them his puported farmland at Kisozi was once a property of the Ministry of Defence. He has never explained him self on how the same farmland ended up in his private hands.

There are several strong men in the current Rwandan establishment who own square miles of land in Uganda and the explanation to this is not yet available.

Then there are investors who want to make development projects in Uganda but they want sizable land. Aparently some registered owners are in government or some how connected to it. I once came across such investors in Turkey three years ago who were complaining of having delt with one big man in government who promised them land for an industrial park in Luwero. On intorogating them deeper they admitted that they had paid big sums to the person but the promised land was un available to them.

There is another group of new players in this question of land and these are Balalo who have invaded Bunyoro with large hards of cattle. They occupy settle and graze their animals and when the owners make attempts to remove them they are confronted by armed personnel.

Recently there was a PR excersise where
Dr Museveni handed over a heap of land titles to the Katikkiro of Buganda but ever since those returned titles have never been transfered instead what we had was that the land on which state house sits does not belong to the Kingdom.

You have all seen reports of Gen. Akandwanaho giving back land to government in return for a fat pay. And here the fat pay is not important but how he obtained that land in the first place is the explanation every one would like to hear.

The above complicated scenario needs a scintific answer and the President in his characteristic style is trying all ways to reach to what he thinks will be the final position in regularising the questionable owners using the law.

My story is aimed at two groups one the general public to know the hiden intentions of the President so you dont get taken by suprise. Group two is that of Dr Museveni and his sellected beneficiaries. Dont waste your valuable time and resourses to manually fix land by twisting laws because this will not last and after a short while the true status will prevail and your efforts will have ended in vain.

The efforts we make to worn Ugandans and in this case none Ugandans are deliberate so that no one comes up in future to say WE DIDNT KNOW!!

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