How to legalise land ownership

Land is a common good. In Uganda, land belongs to citizens as provided for in the Constitution. However, not all people have access to land despite their claim of right.

Moses Omiat can neither access nor develop a 200 acre piece of land he customarily acquired from his forefathers because he is embroiled in a legal battle with 11 people over its ownership.

The land under controversy is situated in Kasilo village,Kamod parish in Bugondo Sub-county, Serere District. The district authorities allegedly gave it to farmers contrary to the will of its owners.

Omiat, an administrator of a family estate sued the group for allegedly trespassing on their customary land owned by his forefathers since the 1960s until they were displaced during the Lord Resistance Army (LRA) insurgency in 1992.

In the case pending before Soroti High Court, Omiat alleges the move to take their land started in 2006 when they were attacked by area politicians.
He alleges that the encroachers set fire on his land which caused extensive damage to his house and the forest.

It is alleged that the accused parties cultivated part of the contested land and erected huts. And that due to the illegal activities of the accused parties, they have been unable to put the land to good use for which he shall seek compensation for general damages.

Mr Omiat is seeking an order of eviction, compensation for the trees converted into timber, charcoal and those destroyed by fire and declaratory orders of customary ownership of the suit land.

Although in April court issued an order restraining the accused persons from further cultivating the disputed land, the order is yet to be implemented.
Omiat is but one of the thousands of people grappling with land ownership countrywide.

What the constitution says
Article 237 (3) of the Constitution provides that land in Uganda shall be owned in accordance with the tenure systems including customary, freehold, mailo and leasehold: “…all Uganda citizens owning land under customary tenure may acquire certificates of ownership in a manner prescribed by Parliament.”
Article 237 (9) provides that Parliament shall enact a law regulating the relationship between the lawful or bona fide occupants of land and the registered owners of that land and that for acquisition of registrable interest in the land by the occupant.

Edmond Owor, the executive director of Uganda Land Alliance, says although there are enabling laws in the country to help one safely own land, customary land tenure does not open up in terms of evolving trends to be used to acquire self-development, wealth creation and poverty reduction.

“Land under customary ownership has no documents guaranteeing ownership which poses a challenge in its governance,” says Owor.

He suggests a deliberate campaign by government in partnership with stakeholders to ensure that land under customary ownership is registered and owners are provided with certificates.

“Every day, week, month or year that passes without communities acquiring documents, they are losing land due to manipulative means. If the process is conducted fast and systematically with awareness, people will be safe and legally on land,” says Owor.

He warns against people abusing sections of the law saying that a vibrant process should be rolled out for people to legally own their land.
For the case of mailo land tenure, Owor observes the controversy in the law where a bona fide occupant and landlord are given almost equal rights over land.
But Robert Friday Kagoro, a lawyer, says legal ownership of land is that which is registered.

“Land must be registered in names of the owner but the provisions of the law creating Kibanja owners creates a lacuna,” says Kagoro adding that, “For one to be safe, you must have a registered title and it is very important when you are in possession.”

Upon fulfilling the registration, Kagoro says, it is proper for one to caveat their land to stop unscrupulous people from transferring it.
Silvia Namubiru Mukasa, a lawyer, says one needs to understand the type of land ownership you hold under the different provisions of the land Act.

“If you are Kibanja holder, it means there is a landlord so you need to know the landlord and start processing how to acquire the interests, but if the landlord is not willing to sell to you and you are a bona fide occupant, you can get formal interest on the land by way of acquiring a certificate of occupancy as provided for under the Land Act,” says Mukasa, also the executive director of Legal Aid Service Providers Network (LASPNET).
Mukasa emphasises that all procedures for land registration to acquire legal ownership of land must be followed.

Procedures

Leasehold Land Title
The applicant must have possession of fully completed forms, a set of three authentic deed plans, three passport photographs, receipts of payment and a forwarding letter requesting for a Leasehold title signed by the District Land Officer of the respective district where the land is located.

The applicant must present a full set of original documents and a photocopy of the same, to the Department of Land Administration for checking.
The documents are forwarded to the Department of Land Registration for preparation and issuance of lease agreements.

The applicant must present fully signed and sealed lease documents by the District Land Board Chairperson and Secretary and lease agreements embossed by URA.
The applicant must present the photocopy given by the Department of Land Registration stamped ‘Received’ and identification documents on collecting the leasehold title.

Mailo land
The applicant must have in possession a fully completed set of transfer forms which include a transfer form and two consent forms, a photocopy of the duplicate certificate of title and two authentic Passport photographs of the buyer and seller.

The applicant must present the documents to the Valuation Division for valuation assessment for stamp duty.
The applicant must pay the fees in the bank, get a receipt and his/her transfer form embossed. Submit all documentation together with the duplicate Certificate of Title, receipts and photocopies of all documents to the Mailo Registry.

The photocopy is stamped ‘Received’.
The applicant must present identification documents and the photocopies to collect the duplicate Certificate of Title. The applicant signs for the title and the photocopy is stamped ‘Returned’ on completion.

Freehold Land Title
The applicant must have in his/her possession fully completed forms,a set of three authentic deed plans, threepassport photographs, receipts of payment and a forwarding letter requesting for a freehold title signed by the District Land Officer of the respective district where the land is located.
The Applicant must present the full set of original documents in duplicate and a photocopy of the same, to the Department of Land Administration for checking.

-Once approved, the documents are forwarded to the Department of Land Registration for issuance of a freehold land title.
The applicant presents the photocopy given by the Department of Land Administration stamped ‘Received’ and identification documents on collecting the freehold title.

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