Mutyabule (not real name) bought about 50 acres of land to set up a dairy and poultry farm. He wanted to use the farm as his retirement business. He hired us to provide him with surveying services to process a freehold land title. The preliminary survey we carried out revealed that he had bought a fine piece of land though part of it fell in one of the forest reserves in Eastern Uganda.
Later, it emerged that the only land that he legally owned and could thus freely use was the 20-acre portion that was outside the forest reserve. There was no way he could get a land title for land in a forest reserve (30 acres). Mutyabule like so many prospective land owners usually buy land without taking into consideration the legal and institutional framework regulating land ownership.
Every landowner needs to be acquainted with the legal framework governing land ownership. It is a known fact that land ownership does not lie in a vacuum. It should be noted that before the coming into force the current laws and other policies governing land. There were norms and customs that guided and protected the interests of all the stakeholders in precolonial times.
These gave protection to all stakeholders in the land ownership question. It is paramount that you know what your privileges, rights, and responsibilities are as provided by the law so as not to be disadvantaged or defrauded at worst. As a prospective land owner, you need to do due diligence by carrying out your land transactions within the limits provided by the law. If you don’t, you risk loss and even worse. If care is not taken, you will be taken advantage of by unscrupulous people.
The media is awash with stories of prospective landowners who have been duped by conmen and other unscrupulous fraudsters. Many people like Mutyabule have been sold ‘air’ after buying land in gazetted areas such as forest reserves, road reserves, and wetlands. 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 other will be addressed in the subsequent articles.
The Constitution: The constitution is the supreme law of the law. All other laws derive their legality from the Constitution. The Constitution gave legal recognition to customary, Freehold, and Leasehold tenures. Article 26 of the Constitution provides for the fundamental right of each person to own property. Article 26 (1) specifically states that: “Every person has a right to own property either individually or in association with others.” Article 237 of the Constitution stipulates that land in Uganda belongs to the citizens of Uganda and shall vest in them by the land tenure systems provided for in the Constitution. In simple terms, the constitution gives every Ugandan the right to own and use land under the different tenures stipulated in the law.
The Land Act: This law provides for the tenure, ownership, and management of land, and other related or incidental matters. One of the objectives of the Act was to provide security of tenure to all land users on customary land and the lawful or bona fide occupants on registered land. It should be noted that the act and its subsequent amendments seek to ensure proper planning and well-coordinated development of urban areas and sustainable land use and development throughout the country to conserve the environment. It lays down the mandate of different institutions like the Uganda Land Commission, District Land Boards, Area Land committees and others.
The National Environment Act, 2019: This Act has key provisions aimed at promoting sustainable management of the environment. It provides for the use, protection, management, use, and supply of water resources in the country. There are lakes and rivers, water reserves, and wetlands that have to be conserved and protected from encroachers. This is aimed at preserving these resources for future generations and to promote sustainable use. Section 36 of this act provides for the protection of wetlands and prohibits any person from reclaiming, erecting, or demolishing any structure that is fixed in, on, under, or above any wetland. It should be noted under this act that the stipulated water reserves (buffer zones) are as follows: 100 meters for rivers and 200 meters for lakes.
The Roads Act, 2019: This Act seeks to provide for the establishment of road reserves and the maintenance of roads. The Act gives the Minister the power by statutory instrument to declare an area bounded by imaginary lines parallel to and distant from the center line of any road to be a road reserve.
The width of the road reserve is dependent on the classification of the road. For example, the road reserve for roads built by the Ministry of Works and Transport is 50 meters, and 30 or 20 meters for other roads according to their grade. Caution should be taken when buying land along a road, the prospective land owner should ensure that the stipulated road reserve is catered for in the measurements. Landowners must be acquainted with the legal framework to protect their interests. It is also advisable to use qualified /professionals like Land Surveyors, Valuers, and Lawyers while carrying out land-related transactions
