Land Transactions
Land administration is essential for promoting economic development, social equity, and environmental sustainability, and for ensuring that land is used and managed in the best interests of society as a whole.
The main function of land administration is to establish and maintain a system of recording, registering, and managing information about land and its ownership, use, and transfer. Land administration plays a crucial role in ensuring that land rights are secure, updated, used efficiently and sustainably.
Land information is daily changing, yet the land information system like any other information system, requires to be daily maintained and kept up to date in order to reflect the actual tenure situation.
To keep this system up-to-date, there must be a defined and transparent mechanisms for updating the land information based on regulations and modalities regarding land transactions (subdivisions, transfer of ownerships, etc.)
To facilitate clients to daily report changes on land tenure to update the Land Information System (LAIS), National Land Authority have developed and procedure manual that contains different land services (land transaction) based on types of changes that may occur on land depending also on client’s demands.
Land transactions
Following are land transactions and their requirements:
1. First registration
The objective of this transaction is to register a newly leased parcel or a parcel that was not registered during the systematic registration (Land Tenure Regularization, it has no information regarding the land owner. A limited number of parcels were not registered because the right holders where not present during the adjudication process. These parcels have then been demarcated but not adjudicated and thus not registered. Now the right holder wants to receive a land title on his parcel.
Application form with requirements:
Form 1.a. Application form for sporadic registration
Form 1.b. Proof of land acquisition delivered by decentralized entities
Form 30. Template conflict with state land final
2. Conversion of rights on a parcel from old to new tenure
This transaction aims at converting land titles obtained in the old tenure system (before December 2013) to new tenure system and registering this right in land registry. This will generally be conversion from freehold title in the old system (before December 2013) to freehold title in the new system. This can be leasehold certificate or a freehold certificate.
Application form with requirements:
Form 2. application form for conversion of rights on a parcel from old to new tenure
3. Changes on persons
This transaction aims at correcting or modifying information related to natural persons or legal persons. This will lead to a change in the non-spatial in LAIS database, namely correction of Id/registration number or names, this will bring modification on information of the right holder but there will be no change in right and on the parcel, therefore no changes will appear in the spatial component of the LAIS database.
Application form with requirements:
Form 3. (a) Application form for changes on natural persons
Form 3. (b) Application form for changes on legal persons
4. Change of land use
The land use is determined by the National Land Use and Development Master Plan, Sectorial Master Plan, Kigali City Master Plan, District Land Use Plans, Urban Development Master Plans, Local Land Development Plan or Rural settlement sites plans. The land use can be changed on request of right holder or on the request of a government institution (District, Ministry or a government agency).
The right holder may apply to change the land use to comply with Land Use Plans or to request changing the land use plan in case of investment of sustainable development approved by the competent authority. In This last case the District Authority will recommend the changes to confirm that the project comply with the vision of the District.
Application form with requirements:
Form 4. (a) Application form for compliance with land use master plan
Form 4. (b) Application form for change of land use provided by the master plan
5. Rectification of parcel boundaries and area correction
After the systematic land registration, it turned out necessary to re-demarcate boundaries as it was realized that the previous that the demarcation (using orthophotos) were not well performed and are not reflect the real situation on the ground. There is also cases where some plots of land were removed from wetland boundaries and registered to rightful owners whereby some land owners found themselves with 2 or more land documents to adjacent plots.
This transaction consists of allowing the land owners to re-demarcate their boundaries with the consent of their neighbours or allowing land owners with more than one land document on the same land due to wetland boundary correction to merge them and get one land document.
Application form with requirements:
Form 5. (a) Application form for Rectification of parcel boundaries and area correction
Form 5. (b) Application form for Submission of land title affected by boundary rectifications
Form 5. (c) Application form for Request for correction and merge of parcels removed from swamp
6. Conversion of rights on a parcel from leasehold to freehold title
The main modality of tenure in Rwanda is Leasehold. However, following buildings or other improvements on a parcel, the right holder is eligible to convert his/her tenure right to freehold when developed prior a building authorization and getting an occupation permit at the completion of the development.
As there is no change in right holder and no change in the parcel on which right is hold, the conversion will be limited to a conversion of right (same right but under other tenure modality) in the LAIS database.
Application form with requirements:
Form 6. Application form for conversion of rights on a parcel from leasehold to freehold title
7.Registration of condominium and slip of of condominium
In case of a condominium, it is possible to have one or more buildings and in a building more than one dwelling units (condominium units). For each condominium there should be a Union of owners of that condominium, that is the right holder of the condominium. A union should have at least two members. The owners of Units in a Condominium have the right to transfer, rent, mortgage, or any other transaction. (Law N°15/2010 of 07 /05/2010 creating and organizing condominiums and setting up procedures for their registration)
The common elements in a Condominium are in the joint ownership or co-share owners. The common elements in a Condominium cannot be alienated separately from the ownership right in the Condominium Units.
A Condominium has a Unique Parcel Identifier of land land parcel only (e.g. UPI parcel: 1/03/02/04/750), to which a number is added to identify different Condominium Units (e.g. 1/03/02/04/750 -1, 1/03/02/04/750-2, etc.)
The objective of this transaction is to define registration of condominium and slip of of condominium and the transfer of condominium units.
Application form with requirements:
Form 7. (a) Application Form for registration of condominium and slip of of condominium
Form 7. (b) Application form for transfer of a condominium unit
Form 7. (c) Application form for Cancelling a Condominium
8. Subdivision of land parcel
The objective of this transaction is to subdivide a parcel in two or more parts. It can be done for different purposes, e.g. to sell part(s) of the original parcel, because of succession for several heirs, to donate part(s) of the parcel, subdivision of agricultural land held in co-ownership, etc.
Application form with requirements:
Form 8. (a) Application form for subdivision of land parcel
Form 8. (b) Application form for subdivision of agricultural land
Form 8. (c) Sharing agreement of agricultural land (this goes with form 8(b)
9. Merging of land parcels
The objective of this transaction is to merge two or more parcels into one new parcel. This transaction can be done in case one owns 2 or more adjacent parcels and wants to make it/them a larger parcel e.g. for building a large construction or for improving agricultural production. In this case, these parcels must adjacent, registered to the same owner with the same tenure right and the land use.
Application form with requirements:
Form 9. Application form for Merging of land parcels
10. Merging of parcels and re-plotting the residential site
This transaction aims at reorganizing land ownership and boundaries to improve the use and management of land. The objective is to create more efficient and equitable land use patterns, which can lead to a range of benefits, such as increased property values, improved access to services such as roads, electricity infrastructures, among others and enhanced environmental sustainability.
It typically involves the voluntary participation of landowners, local governments, and/or other stakeholders in a collaborative process to redesign the land-use layout of a specific area and the reallocation of land parcels, the construction or improvement of roads, utilities, and other infrastructure, and the establishment of new zoning regulations.
Application form with requirements:
Form 10. (a) Application form for merging of parcels and re-plotting the residential site
Form 10. (b) Application form for registering land from a re-plotted residential site
11. Transfer of right by voluntary sale
This transaction aims at transferring rights on a parcel, without modification of the parcel.
If there is sale of several parts of a parcel, then first the parcel has to be subdivided and then each part will be sold separately.
Note that a foreigner has right to buy only one plot with size of a single family residential area not exceeding the size and standard provided in accordance with relevant laws or one dwelling unit in case of apartments (condominium unit). However, a foreigner or a company in which a foreigner owns shares has right to possess land for investment in accordance with a business plan approved by the competent authority.
Application form with requirements:
11. (a) Application form for transfer of right by voluntary sale
11. (b) Contract of transfer by voluntary sale
12. Transfer of rights on parcel by donation inter vivos
This is a transfer of rights on a parcel by donation, without modification of the parcel itseelf. If there is a donation to several persons, then first the parcel has to be subdivided and then the donation will be made to each recipient of the donation separately.
The law distinguishes between donation inter vivos (made during one's lifetime) and legacy (donation made in the form of will, the full ownership of which is acquired by the legatee only after the death of the testator).
Application form with requirements:
Form 12. (a) Application form for transfer of rights on parcel by donation inter vivos
Form 12. (b) Contract of transfer by Donation
13. Transfer of rights on parcel by Succession
The transfer of rights by succession is done with non-contested will. The authentic will is enough for the transaction. In absence of will, the family council determine the heirs of the deceased owner when there is no dispute in succession, otherwise (cases of contested will or absence of will) a Court decision is needed, determining who are the heirs and their respective rights.
Application form with requirements:
Form 13. (a). Application form for transfer of rights on parcel by Succession
Form 13. (b) Confirmation of the heirs in case there is no dispute about succession
14. Transfer of rights on parcel by exchange
This is a transfer of rights of a parcel, without modification of the parcel but it happens twice at the same time. The rights of A on parcel 1 are transferred to B and the rights of B on parcel 2 are transferred to A. In case of exchange of parts of parcels, then first subdivision of the parcels should take place, then exchange of the parts.
When parcels to be exchanged are located in two different Districts within the same land registration zone, the exchange agreement is signed before the Registrar of Land Titles in charge of that zone or a private land notary competent in land notarization.
When parcels to be exchanged are located in two different land registration zones, the exchange agreement is signed before the Chief Registrar of Land Titles a private land notary competent in land notarization.
Application form with requirements:
Form 14. (a) Application for transfer of rights on parcel by exchange
15. Add or remove right holders in land register
This transaction aims at adding or removing a right holder (the person) because of the following reasons:
Application form with requirements:
From 15. Application form for adding or removing right holders in land register
16. Transfer of rights on parcel by court decision
This transaction is part of transfer category. In this case the transfer of right holders is done to implement a court decision.
Application form with requirements:
Form 16. Application for Transfer of rights on parcel by court decision
17. Transfer of rights on a parcel by sale through auction
The objective of this transaction is to process a transfer of right by auction implementing a court decision or authorized by the Registrar general. The winning bidder has to be registered on this parcel via this transaction.
Application form with requirement:
Form 17(a). Transfer of rights on a parcel by sale through auction as execution of a court decision
Form 17(b). Transfer of rights on a parcel authorized by the Registrar General
18. Transfer of rights on a parcel by expropriation
The expropriation in the public interest is an act based on power of Government, of taking property or assets away from an individual, group or company by the government for the public interest after payment of a fair compensation in accordance with the valuation law and procedures. It’s approval and procedure is foreseen by the law relating to expropriation in the public interest.
Application form with requirements:
Form 18. Transfer of right on parcel by expropriation
19. Transfer of rights on a parcel by termination of land ownership contract
The termination of a land ownership contract can occur in several ways, depending on the terms of the contract and the circumstances surrounding the termination. Some common ways in which land ownership contracts can be terminated include expiration of the contract, mutual agreement, breach of contract, impossibility of performance and court order.
Application form with requirements:
Form 19. Transfer of rights on a parcel by termination of land ownership contract
20. Registration of land allocated by the state to individuals through the privatization
The Government can allocate its land in private domain to private entity (company or private individuals for investments of public interest trough Concession contract or lease contract for investment.
A land concession is granted to an investor to whom a land has been conceded for strategic investment for agricultural use, livestock, forestry, tourism, social welfare activities, sports and leisure, mining and quarrying and scientific research activities. However, an investor to whom a land has been conceded for agricultural use may be granted emphyteutic lease for investment basing on the state of infrastructures that he or she has installed on that land.
A State lands lease is a State private domain land lease agreement between the State and an investor for strategic investment in construction of infrastructures for commercial purposes such as buildings for commercial purposes are trade centers, hotels, real estate, restaurants, public parks, tourism sites, schools, hospitals, passengers or goods transportation stations and industries.
A concession or lease on State lands in private domain for investment is done through a competition except when otherwise approved by the Cabinet for specific grounds.
Application form with requirements:
Form 20. Application form for registration of land allocated by the state to individuals
21. Transfer of right on a parcel sold by the state on the abandoned property
Abandoned properties are properties that have been vacated or left uninhabited by their owners or occupants for an extended period of time, often due to financial difficulties, legal issues, or neglect. Abandoned properties can include homes, commercial buildings, and land.
Abandoned properties can be a blight on neighborhoods, as they often fall into disrepair and become eyesores. They can also pose safety hazards, as they may attract squatters, vandals, and criminals.
Abandoned properties are managed the abandoned property committee at District level and may be subject to auction authorized by the Minister of Justice.
This transaction aims at facilitating the winning bidder of the auction to register the purchased land.
Application form with requirements:
Form 21. Transfer of right on a parcel sold by the state on the abandoned property
22. Temporal requisition of land
The Minister having land in his functions may order requisition of land intended for agriculture, livestock or forestry non-exploited without sound reason. Non exploited land have negative social, economic and environmental impacts, such as reduced food production, increased poverty, and degradation of natural resources. In some cases, poorly exploited land may also contribute to social and political instability.
This transaction consists of putting restriction on non exploited land while proceeding with further processes.
Application form with requirements:
Form 22(a). Temporal requisition of land poorly exploited
Form 22(b). Removal of temporal requisition of land poorly exploited
23. Confirmation of registered right holders
This transaction consists of giving to an interested party (bailiff or other person with legal interest) the information about the land ownership and other associated rights (restriction by caveat or surety, etc). This information is usually requested by court bailiffs implementing a court decision or other interested private individuals intending to file cases on land in courts or in other administrative entities.
Application form with requirement:
Form 23. Confirmation of registered right holders
24. Restriction of rights on a parcel by a caveat
A Caveat is a claim of a creditor or interested party (e.g. waiting for a Judgment) of the right on the right holder’s parcels or a parcel; it is a restriction for the right holder to dispose of his property unless/until the caveat is lifted. The applicant provides a proof of legal interest. The Caveat is placed as an annotation on the parcel in the land register.
A person who wants to lodge the caveat on land, submits his or her application, in writing, to the registrar of land titles, if:
1° the concerned land is the subject of the claim;
2° there is a decision of court that orders to lodge the caveat on the concerned land.
The registrar of land titles cancels the caveat lodged on land, if there is any of the following:
1° the decision of the court that orders deregistration of the caveat on the concerned land;
2° the request of the person who lodged the caveat of that land
Application form with requirement:
Forms 24 (a): Restriction of rights on a parcel by a caveat
Forms 24 (b): Removal of a caveat
25. Surety of property for execution of judgment
The law No 22/2018 of 29/04/2018 relating to the civil, commercial, labour and administrative procedure foresee that if a judgment becomes final or an enforcement order is issued, all the immovable properties of the debtor is seized according to laws in order to get back the property of the creditor. The bailiff makes reference to the provisions of this article, without any further judgment and may make a surety of the immovable property to protect it from diversion.
This transaction consists of allowing court bailiff to put a restriction to transfer or mortgage immovable properties of the loosing party before execution of a court decision to avoid its diversion.
The removal of surety is requested by the court bailiff who logged the surety or any other court bailiff in case of more than one surety restriction that has already sold the property in auction.
Form 25. (a) Application form for surety of execution of Judgment
Form 25. (b) Form for removal of restriction rights by surety
26. Registration of rights on parcel by Sub-lease
The land law recognizes and protect sublease contract for agricultural and forestry land. The sublease registration is mandatory when the duration of the contract exceeds 5 years, it’s voluntary when the duration is less than 5 years. The agreement is signed before a land notary.
The objective of this transaction to register the sublease rights in the land register to protect parties in the contract.
Application form with requirements:
Form 26. (a) Application form for registration of rights on parcel by Sub-lease
Form 26. (b) Application form for removal of restriction rights by sub-lease
27. Restriction of rights on parcel servitude
Servitude refers to a legal right that one person or entity (known as the servient party) grants to another person or entity (known as the dominant party) to use their property in a specific way. In this case the land owner conveys a servitude:
1° if his or her neighbour needs a pathway leading to the neighbour’s parcel, when there is not any other option;
2° if people need a pathway to access water from a well found on his or her land, when the well has not been dug by the land owner;
3° if people need a pathway to reach the river or the lake, when there is not any other option.
Based on the Ministerial order n° 008/MoE/22 of 12/05/2022 determining types of servitude, the servitude is not less than one meter (1 m) and cannot exceed one and a half meter (1.5 m).
Application form with requirements:
Form 27. (a) Application form for restriction of rights on parcel servitude
Form 27. (b) Application form for removal of restriction by servitudes
28. Restriction of rights by bankruptcy
Bankruptcy is a legal process in which an individual or a business that is unable to pay its debts seeks relief from its creditors. It is a formal declaration that the debtor cannot pay their debts as they come due and seeks legal protection from creditors.
The objective of this transaction is to allow the liquidator to lodge a restriction to properties of the company in bankruptcy to prevent them from diversion. This restriction is removed by the request of the liquidator who lodged the restriction after showing that the property has been sold.
Application form with requirements:
Form 28. (a) Application form for restriction of rights by bankruptcy
Form 28. (b) Application form for removal of the restriction of rights by bankruptcy
29. Lending a land as collateral
This transaction aims at notarizing the agreement between the land owner and an other person seeking for a bank loan whereby the land owner agree to lend his/her property as a bank collateral.
This agreement is signed before a land notary (Sector land manager or a private land notary).
Template of agreement