12/07/2022
FRAUD IN LAND TRANSACTIONS
The South Sudan Land Act, 2009 regulates land tenure and protects rights in land in South Sudan. Section 7 provides that land may be acquired, held and transacted through customary, freehold and leasehold.
HOW DO I PROVE OWNERSHIP OF MY LAND?
The general principle is that all land rights must be registered and given a title.
Section 39 stipulates that rights of ownership and all derivative rights to land shall be proven by a prima facie legal title and by any other practices recognised by communities in South Sudan.
Under section 57, a certificate of title shall contain a unique parcel reference number and location of the land; reference to the parent folio in the main Register; date of issuance; the name of the person registered or to be registered and the nature of the interest to the land; and their schedule of and the order of priority of all current encumbrances, restrictions and other interests on the land.
SO HOW DOES FRAUD HAPPEN IN LAND TRANSACTIONS?
Fraud is defined as any dishonest act that is intended to deprive another person of their interest in land.
Legally, the effect of fraud leads to the lost of the newly acquired title by the transferee; i.e. Court will cancel that title.
Fraud happens in any of the following:
1) Administrator or Executor transferring land titles to their individual names or third parties without the consent of the beneficiaries.
2) Forging Powers of Attorney with intention to defraud.
3) Concealment of true consideration[something of value] of the transaction; in an attempt to defeat payment of stamp duty or paying less of it.
4) Double titling of land.
5) Forging land titles.
6) Illegal removal of caveats; among others.
THEREFORE, HOW DO I AVOID BEING A FRAUD VICTIM?
a) Appoint a lawyer to handle your land transactions.
b) Participate in the site visitation/inspection with a Surveyor so as to know more about the size, boundary, who your neighbours are and other information which may not be available at the Registry.
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