You need to know that the land you are looking to buy is able to be sold. It is the buyer’s responsibility to do all possible investigation before buying land. Due diligence is done in different ways depending on the type of land.
Land with no Title Deed:
● Go to the Village Council to get information about the land. For example, find out who the rightful owner is, if the land is mortgaged and if there is any dispute over the land.
● Investigate the nature of the land – check it meets your needs.
● Go to the land and measure it yourself.
● When you check the land’s boundaries to make sure the neighbour to your land and village leaders are there to witness the boundaries. Ask them to sign a document confirming that all parties agree to the land’s boundaries.
● Create a contract with the seller and make sure all the information you have collected is included in the contract.
Land with a Title Deed
● Get a photocopy of the Title Deed from the seller and take it to the Commissioner of Land in the zone where the land is located
● Ask the Commissioner:
o who is the legal owner of that Title Deed
o is the land mortgaged
o has the Title Deed time lapsed (when the Title Deed lapses it needs to be renewed and that can be expensive)
o is there any debt against the property (if the owner did not pay all owed taxes you will acquire this debt when you buy the land)
● Once you have this information clarified create a legal contractand complete the Transfer of Owner Formto enable the Title Deed to be transferred to you.
● Take the signed contract and the Form to the Commissioner of Land.