Purchase of Registered Land In Tanzania- PART B
In this article we will explain the other legal information to be considered by the buyer before purchasing land. furthermore, physical information of the plot together with the second and third steps in purchasing land will be discussed.
h) Location of the plot
The prospective buyer should treat the issue of location with a great concern. He/she should avoid the plot located in reserved land such as road reserve, open space, water source, wildlife reserve, and forest reserve or that which is found in government institution’s land and land owned by the private firm.
i) Land acquisition
Some areas might have been acquired to pave the way for government projects such as construction of road or hospital. The prospective buyer should seek this piece of information, and avoid those areas if it is disclosed that compensation has been paid or will be paid.
j) Genuineness of Certificate of Title
Sometimes the information contained in the Certificate of Title might be correct but the Certificate itself is not original. This is due to the fact that fake Certificate of Titles (Title Deeds) are common in these days.
It is the obligation of the buyer to satisfy oneself with genuineness of title deed.
It is usually difficulty for the seller to give the original title to the buyer to prove its genuineness. Therefore, the buyer should request the legal owner of the land to accompany him/her to the land office with the original Title Deed to validate its genuineness.
ii) PHYSICAL INFORMATION OF THE PLOT
Extraction of physical information of the plot involves physical observation and asking the neighbours.
The prospective buyer should perform the site visit and inspect the following:
a) Boundaries
The prospective buyer should ask the seller to show the boundaries of the plot. Furthermore, the buyer should go at a great length of visiting the site at his/her own time to inspect the beacons and asking the neighbours.
b) Soil type, topography, size and shape of the plot
Effort should be made by the prospective buyer to understand the soil type, topography, size and shape of the plot and decide if it fits his/her purpose such as residence and agriculture.
c) Social services
Suppose a person wants to buy land for residential, commercial or agricultural purpose. Is not it wise to inspect the availability of road, electricity, water, markets, school or religious services? Therefore, before indulging in buying land, the prospective buyer should consider the available services nearby the plot.
d) Geographical conditions
Safety is of utmost significance, and therefore the prospective buyer should inspect carefully to avoid areas which are prone to dangers of soil erosion, floods and cyclones. He/she should ask the seller and neighbours, and seek information from every available sources as well.
i) Negotiation of the sale conditions. For example, on payment (in cash or bank; lump sum or in installments)
ii) Preparation of the Sale Agreement under the Lawyer.
iii) Signing the Sale Agreement by seller, buyer and the lawyer, and thereafter the Seal of the Lawyer.
Other important documents involved in the purchase of land are;
i) Land Form No. 29 (Notification of Disposition) signed by the seller only.
ii) Land Form No. 30 (Application for Approval of Disposition (s)) signed by the seller only.
iii) Land Form No. 35 (Transfer of Right of Occupancy) signed by the seller and the buyer.
iv) Spouse Consent, which is a document signed by the spouse of the seller if land is the matrimonial property.
v) Heirs Consent, which include the signs of all rightful heirs and probate administrator if land is the inheritance property.
This final step involves making payment as per the agreed conditions. For example, payment in cash or at bank; and whether in lump sum or in installments.
It is recommended to use bank so that the transaction documents can be used as evidence of payment.
Wait!
PRICE?
Price is a sensitive element in purchase of land. The prospective buyer should negotiate the price of the plot with the seller as early as possible before indulging in the whole trouble of inspection.
h) Location of the plot
The prospective buyer should treat the issue of location with a great concern. He/she should avoid the plot located in reserved land such as road reserve, open space, water source, wildlife reserve, and forest reserve or that which is found in government institution’s land and land owned by the private firm.
i) Land acquisition
Some areas might have been acquired to pave the way for government projects such as construction of road or hospital. The prospective buyer should seek this piece of information, and avoid those areas if it is disclosed that compensation has been paid or will be paid.
j) Genuineness of Certificate of Title
Sometimes the information contained in the Certificate of Title might be correct but the Certificate itself is not original. This is due to the fact that fake Certificate of Titles (Title Deeds) are common in these days.
It is the obligation of the buyer to satisfy oneself with genuineness of title deed.
It is usually difficulty for the seller to give the original title to the buyer to prove its genuineness. Therefore, the buyer should request the legal owner of the land to accompany him/her to the land office with the original Title Deed to validate its genuineness.
ii) PHYSICAL INFORMATION OF THE PLOT
Extraction of physical information of the plot involves physical observation and asking the neighbours.
The prospective buyer should perform the site visit and inspect the following:
a) Boundaries
The prospective buyer should ask the seller to show the boundaries of the plot. Furthermore, the buyer should go at a great length of visiting the site at his/her own time to inspect the beacons and asking the neighbours.
b) Soil type, topography, size and shape of the plot
Effort should be made by the prospective buyer to understand the soil type, topography, size and shape of the plot and decide if it fits his/her purpose such as residence and agriculture.
c) Social services
Suppose a person wants to buy land for residential, commercial or agricultural purpose. Is not it wise to inspect the availability of road, electricity, water, markets, school or religious services? Therefore, before indulging in buying land, the prospective buyer should consider the available services nearby the plot.
d) Geographical conditions
Safety is of utmost significance, and therefore the prospective buyer should inspect carefully to avoid areas which are prone to dangers of soil erosion, floods and cyclones. He/she should ask the seller and neighbours, and seek information from every available sources as well.
SECOND STEP:PREPARATION AND SIGNING OF THE LEGAL DOCUMENTS
This second step involves the following activities;i) Negotiation of the sale conditions. For example, on payment (in cash or bank; lump sum or in installments)
ii) Preparation of the Sale Agreement under the Lawyer.
iii) Signing the Sale Agreement by seller, buyer and the lawyer, and thereafter the Seal of the Lawyer.
Other important documents involved in the purchase of land are;
i) Land Form No. 29 (Notification of Disposition) signed by the seller only.
ii) Land Form No. 30 (Application for Approval of Disposition (s)) signed by the seller only.
iii) Land Form No. 35 (Transfer of Right of Occupancy) signed by the seller and the buyer.
iv) Spouse Consent, which is a document signed by the spouse of the seller if land is the matrimonial property.
v) Heirs Consent, which include the signs of all rightful heirs and probate administrator if land is the inheritance property.
THIRD STEP:MAKING PAYMENT TO THE SELLER
This final step involves making payment as per the agreed conditions. For example, payment in cash or at bank; and whether in lump sum or in installments.It is recommended to use bank so that the transaction documents can be used as evidence of payment.
Wait!
PRICE?
Price is a sensitive element in purchase of land. The prospective buyer should negotiate the price of the plot with the seller as early as possible before indulging in the whole trouble of inspection.
Thank you and welcome!
The Aliland Team
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