A boundary opening does not mean eviction
What you need to know:
When the residents saw a team of surveyors, they were convinced that this was path to a potential eviction from this piece of land that some had occupied for more than 30 years
Recently, a surveyor friend survived lynching by a mob when he led a team to conduct a boundary opening exercise somewhere in Kyaggwe. The mob mostly consisted of squatters on land owned by a person known to them but lives in a neighbouring district.
When the residents saw a team of surveyors, they were convinced that this was path to a potential eviction from this piece of land that some had occupied for more than 30 years.
According to the surveyor, he had been hired, by someone who intended to identify the tenants on his land and thus needed to determine the extent of the title. He also wanted to use the remaining unencumbered part for his own cultivation.
This scenario is an example of many, where people usually mistake surveyors for land grabbers. As soon as they see people equipped with survey machines in an area, they quickly mobilise to resist any subsequent activity.
Some surveyors have been beaten and others injured by machete- wielding mobs in the name of protecting their land. In some other regrettable scenarios, surveyors even conduct awareness/sensitisation meetings of residents with community leaders prior to the day of the survey only to be betrayed by the same community leaders who mobilise masses to kill the surveyors so as to ‘send a message’ to the owners.
This is usually because of poor communication and a misconception about boundary opening surveys. I will give an example of Buganda Kingdom land.
Because kingdom land spent more than 30 years in the hands of government, Uganda Land Commission issued leases to individuals on huge chunks of land.
Majority of these landowners were absentee landlords and, as such, this land attracted encroachers. These encroachers were legalised by the 1995 Constitution as bonafide occupants (if they had been on the said land 12 years prior to 1995).
So, this land was returned to Mengo administration in 1993 and 2013 and the agreements for its return required Mengo to maintain the status quo.
When time comes and a leaseholder wants to utilise that land, as administrators of the kingdom land, Buganda Land Board first asks them to conduct a boundary opening exercise to ensure that interests of bonafide occupants are catered for. This is done to ensure that the new owner only takes possession of or utilises the unencumbered land.
For instance, if someone received a title of 100 acres from Uganda Land Commission in 1980 but currently 40 acres are encumbered, the new owner is advised to only take possession of the 60 acres that are unencumbered and leave the rest to the bonafide occupants. The bonafide occupants, however, have an obligation of paying annual nominal ground rent to the landlord.
This arrangement can only materialise after conducting a boundary opening exercise. Unfortunately, most people view this as a ploy to evict them and in most cases they attack surveyors with the help of their local leaders.
There are also other scenarios that may necessitate a boundary opening exercise. For instance, if the land in question boarders a protected area such as a swamp or a forest, boundaries have to be opened to determine boundaries.
Many people encroach on protected areas and they resist any boundary opening activities because they know where their fate lies.
Some people knowingly or mistakenly put developments beyond their title boundaries. If the owner of the encroached land raises queries, this is solved through a boundary opening exercise.
Because of the rampant land evictions, it is understandable for people to be suspicious of any activity on the land they occupy. But a landowner also reserves a right to know the boundaries of their land if need arises.
It is thus prudent for local authorities such as the police and area leaders to sensitise communities about these activities and actively participate in them to avoid any fracas.
In Ugandan land laws, a landowner of mailo land and a bonafide occupant both have interests on land. If a landowner wants to carry out a survey of their land, this should not be seen as criminal or a plot to evict the kibanja holder.
Joseph Kimbowa
Team leader, communications at Buganda Land Board
