In the previous article, I discussed the essence of the legal framework as regards land ownership in Uganda. This article continues the laws and regulations discussed in the previous article. I will briefly explain the remainder of the legal framework that has a bearing on land ownership in Uganda. It should be noted that prospective landowners need to be acquainted with the basic knowledge of the prevailing legal framework.
The knowledge acts as a buffer against loss of time and money in dubious land transactions. It should be noted that a number of progressive laws have been enacted by the government over the years that seek to address the challenges faced by different stakeholders. For example, orphans, widows, spouses, communities, and Government have all been given specific enforceable rights in the legal framework. So, as you prepare to go into a land transaction, it should be incumbent upon you to consider these stakeholder interests, lest you lose your money or get sucked into a costly court battle.
One of the ways to avoid the above situations is to intentionally get equipped with the basic knowledge as regards the legal framework. The other way is to engage the services of professionals like land surveyors, lawyers, valuers, and others.
This article will delve into the legal framework that protects your interests and rights and those of the other stakeholders in land matters. Some laws will be discussed in this article and the others will be discussed in the subsequent articles.
The Land Acquisition Act
This act provides the legal framework for the compulsory acquisition of land for public purposes. Under this Act, the government is empowered to acquire land for public purposes, such as infrastructure development, by issuing a declaration through a statutory instrument. The affected people are mandated to receive fair and adequate compensation packages from the government. The procedures for the acquisition process are clearly laid out in this Act.
The Mining Act
This Act vests the ownership and control of all minerals in Uganda in the State and provides for the acquisition of mineral rights and other related rights. The Act requires every holder of a mineral-related license or mining lease to first carry out an Environmental Impact Assessment (EIA) for their proposed operations by the provisions of the Environment Act. When it comes to land with natural resources, the rights of owners and tenants by occupancy are limited to what is on the surface of the land, including, buildings, crops , and trees among others. A person who holds such land can only claim compensation for their rights to what is on the surface of the land in case of compulsory acquisition by the Government.
The Succession Act
This Act governs the distribution of a deceased person’s estate, whether they left a will (testate) or not (intestate). This Act recognizes both movable and immovable property, with land being categorized as immovable property. Under this Act, Administrators are responsible for managing and distributing the deceased person’s estate according to the law. Administrators are required to obtain a grant of probate or letters of administration from the court to legally manage the deceased estate. Administrators must act in the best interests of the estate and the beneficiaries.
It should be noted that over time that act has undergone several amendments to address the changing circumstances as regards succession.
The Illiterates Protection Act
This Act aims at protecting illiterate persons in day-to-day transactions including land related transactions. There are higher chances of illiterate people being taken advantage of by unscrupulous people. This Act has clauses that aim at protecting the interests of the illiterate. In a land transaction where either the buyer or seller of the land is illiterate, the person writing the agreement for or on behalf of the illiterate must indicate his or her full name and address as the writer of that document otherwise he or she commits an offense, according to Section 3 and 4 of the Illiterates Protection Act.
The Act also requires that before the illiterate appends his or her name or fingerprints, the document has to be read over and explained to the illiterate so that he/she fully understands what has been written.
The Registration of Titles Act
All land registration processes in Uganda are regulated by the Registration of Titles Act. Transactions involving freehold land (as well as Mailo land registration) are governed by this Act. It spells out the process of registering interests, claims, and other related issues. It also provides for the registration of leases and mortgages. It contains provisions to protect the rights of registered landowners.
The Act also establishes the office of the Registrar of Titles, who is responsible for maintaining the register of land titles and ensuring the accuracy and integrity of the record(s). It also outlines the procedures for transferring land, including the requirements for executing and registering transfer documents.
Physical Planning Act
The Act provides for the establishment of a National Physical Planning Board and establishes district and urban physical planning committees. The Act declared the whole country (Uganda) a planning area and everyone desiring to develop his or her land has to seek planning comments or approval from the established planning committees. Preparation of national, regional, district, urban, and local physical development plans to guide land use and development is laid out in this Act. It emphasizes the promotion of sustainable use of resources.
It should be noted that land ownership does not lie in the vacuum. Adherence to laws and regulations is important while transacting in land. Remember as they say, ignorance is no defense. Equip yourself with the relevant legal framework to amicably enjoy your land rights.
