In Summary
Property, espeically land, is one of the best investment that one can make and one of the ways you can safeguard it is by knowing where it starts and where it stops as Betty Ndagire writes.
Gerald Musiime and Catherine Nambowa each bought a plot of land in Buloba along Mityana road in Wakiso District from one of the renowned city property agents.
The duo bought plots that were next to each other and of the same measurements.
It’s so happened that Musiime was the first to commence the construction process.
He erected a big residential house. When the house had even been roofed, Nambowa surfaced and was surprised that the neighbour had left his plot and he had instead built in her plot.
Nambowa decided to approach her neighbour about the issue. Musiime in turn expressed shock and regretted saying he thought he was building in his plot and not hers.
In order to forge a solution for this problem, Musiime suggested that Nambowa takes his plot since it was just next to his and was of the same measurements.
However, Nambowa refused but instead asked Musiime to demolish his house and vacate her plot asserting that she had planned for it.
When Musiime saw that the neighbour was determined to see that he leaves her plot, he involved the property agents to see that they sort them out.
The property agents even offered to add Nambowa Shs10million on top of taking the plot, but she remained adamant.
Upon seeing that Nambowa was determined to see that he vacates the plot, painfully, he brought a dull dozer and demolished the house that he had spent millions to build.
Knowing the character of his neighbour, after demolishing his house, Musiime decided to sell his plot so that he buys in a far place.
These two neigbours are not the only ones who face such boundary challenges. Another set of neigbours also a lady and a gentleman in Gayaza, Wakiso District, are fighting after the lady went beyond where her plot stops into the plot of the neighbour.
These two neighbours are now locking horns as the lady wants to buy out the whole plot but the gentleman insists that he does not want to sell his plot given its strategic location just near the Gayaza-Zirobwe highway.
But while such incidents are common, they would not have happened if the concerned parties had followed some few steps such as opening up boundaries before construction commences.
Simon Peter Drayo, a surveyor with Terrain Consult at Ambassador House in Kampala, says surveying is the practice of measuring angles and distances on the ground so that they can be accurately plotted on a map
He adds that boundary opening surveying is the branch of surveying where angles and distances of an already surveyed plot are measured to ascertain its boundary.
Drayo explains that there are several reasons why one would require a boundary opening survey and these include solving boundary disputes to verify a land title deed, to replace missing mark stones, ascertain the size, shape or location of a plot.
Process
“A land owner, ‘the client’ approaches a surveyor requesting for their services. The client avails a copy of the land title and gives the specific reason for which they require the survey. Once the scope of the work is understood, a reconnaissance (investigative) survey is done by the Surveyor and later the work is costed upon which a contract is signed,” Drayo explains adding,
“The client then writes to the relevant District Staff Surveyor introducing the Surveyor or Survey firm they have elected to carry out a survey on their land and seeking permission for the survey to be done; this letter will be copied to the LC1 Chairperson and/ or relevant local leaders, security agencies in the area as well as the Surveyor,” he says
Drayo observes that once the District Staff Surveyor is satisfied with the reasons given by the client, they will then write to the Surveyor granting them permission to proceed with the survey. The letter is copied to the LC1 chairperson of that area, concerned parties, neighbours and security agencies in the area.
Other than that:
“The Surveyor will obtain more information to help them accomplish the task. This will include up-to-date cadastral prints from the District Land office, photocopies of the title, up-to-date cadastral data(a map or survey showing or including boundaries, property lines) from Entebbe Department of Surveys and Mapping where necessary, survey control data within the area of, the requisite equipment to accomplish the task,” Drayo explains.
He further states that the surveyor writes to the LC1 chairperson informing them of the impending exercise and date when it will be done. Copies are made to the client, the neighbours, the district staff surveyor and local security agencies.
He, however, explains that “In Uganda, the Universal Transverse Mercator (UTM) and Mailo are the commonest systems used for referencing mapped land. With the UTM system, plots are surveyed using internationally recognised coordinate system, where coordinates are absolute and true. The Mailo system depends largely on the distance and angles of the plots with the coordinate system used being an assumed one,” he says
With plots on UTM, the cadastral data obtained from Department of Surveys and Mapping is set out with reference to known control points in the area to locate the plot corners.
Drayo, however, adds that with Mailo, nearby accurate mark stones are identified and used to reestablish the subject plot using the angles and distance as they appear on the cadastral print.
This is done with all boundary opening surveys features within and without the subject plot are picked and included in a sketch map that is accompanied with a survey report detailing the procedures followed, observations made, conclusions and recommendations.
HOW TO GO ABOUT A BOUNDARY CONFLICT
The moment a neighbour starts to build on what you think is your property, find out what is going on. If your neighbour turns hostile and insists on proceeding, inform them that you will sue them if necessary to stop what they are doing.”
“If you are already certain about the boundary and have proof, such as a survey, you can threaten to call the police and have them arrested for trespassing.”
“Attempts should first be made to resolve boundary disputes by mediation, compromise and agreement before costly litigation ensues. Therefore, a complaint should first be made to the neighbour.” “If you are not on good terms with your neighbour, it is advisable to put your complaint in writing,” he advices.
He says; if initial representations to your neighbour fail, you may wish to seek the help of a local mediator. To search for a mediator in your area who could help, boundary disputes are not something new. Ssemakula also adds that the cost of a boundary survey is subject to several important factors as well as the etiquettes of the surveying firm you have entrusted to perform the work. Cost related factors may include:
Considerations when surveying the land
Some of the things they consider when surveying land is the location, roughness and accessibility of the land to be surveyed, the size of the land to be surveyed, seasonal variations in leaf cover, ground markings and other potentially important features of the land, the shape and extent of the parcel (land) to be surveyed, the purpose for which the survey is being commissioned.
SIGNS OF BOUNDARY EXTENSION
Samuel Ssemakula, a land surveyor with Eden Quality Surveyors in Wakiso District, says while this process may seem long, it is important because a number of people do not know where their exact property boundaries are located, and many of them do not care to find out.
“Unless they have the property surveyed, that is the only way they will be able to satisfactorily go ahead to physically use what is convincingly theirs when permanent markers are described in a title deed, such as a tree , stone among other things,” Ssemakula said.
He adds that, “Most neighbours get along for years with no serious questions concerning their boundary lines. But one day you may look out your window to discover an upsetting scene. There stands the next door neighbour on what you think is your property, putting up a fence or taking yours down. Or perhaps you will see them digging up your property for their new building. What you have long assumed was the boundary line has been crossed,” he says
He explains that: “If a neighbour starts to construct on what you think is your property, do something immediately. If the neighbour’s encroachment is minor, for instance a small fence in the wrong place, you may think you should not worry. You are wrong. When you go to sell your house, the buyers may decline to give you their money because the neighbour is on your land and they do not want to have arguments.”
“It is important to act promptly because if you do not, you could lose part of your property. When one person uses another’s land, he can gain a legal right to do so and, in some circumstances gain title to the property,” Ssemakula says.
He adds that, once you fail to get the construction stopped, even if you later sue for trespass and win the case, all you may be able to collect is a money award, not an order to remove the neighbour’s addition. “Judges do not like to order for the property destroyed. Unless your neighbour intentionally trespassed on your land, then can you start hoping for an order of removal of the structure which is often hard to prove before court.”
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