One of the most valuable properties in Uganda today is Land and the more it has become precious, the more conflicts and evictions arise day by day.
It should be noted that Land today is registered under the Registration of tittles Act and a certificate of tittle is conclusive evidence for having proprietary rights over that particular land.
The Land Act under Section 2 Cap 227 reaffirms Article 237 of the 1995 Constitution of Uganda about the tenure systems legally recognized in Uganda to include Customary, Free Hold, Milo and Leasehold.
Any person with tittle under the mentioned tenure systems owns land in perpetuity except under leasehold where ownership is contractual between parties for a defined period of time but enjoys exclusive possession of land. Many Ugandans possess land and engage in Land transaction but without registering their interests under the Registration of Tittles Act.
This arises from a number of factors for instance ignorance on the registration process, lack of funds to facilitate the process, frustration after trial and also some land is prohibited by law to be registered as personal property for instance swamps, forest reserves, game parks, water bodies and many others.
Unregistered interest in Land when put on scale with registered interest in land before courts of law, the registered interests will prevail because the government offers protection under the doctrine of indefeasibility of land. To point out for instance the Kibanja holder is only recognized under equity however, the land Act provide for the transfer of such interests to free hold.
It should also be a reminder that you must do your due diligence in case you are pursuing to have registered interest in land for instance, doing physical search and a search at the registrar of tittles, survey the land, inquire from local authorities, inquire from planning authorities, marital status of the vendors and many others to avoid the rampant fraud.
Justice Okello in the case of John Bagaine V Matovu said that buying land is not like buying vegetables hence a prudent person must carry out due diligence.
There many advantages of protecting land through carrying out formal registration for instance, you can mortgage, lease, sale, give away land as you wish, make developments etcetera all because you are the registered owner.In conclusion, Ugandans should wake up to fight for property rights through registration as the first fundamental stapes to secure their interests on Land.
The writer is a student of Law at Nkumba University and C.E.O Ethical African Organization.
