UGANDA, Kampala | Real Muloodi News | The government has confirmed that landowners who have not shown up for 12 years risk losing their land to both registered and unregistered occupants with a certificate of title. This development, rooted in the common law doctrine of adverse possession, affects both Bibanja holders and landlords significantly.
The adverse possession doctrine allows a non-owner occupant to gain title and ownership of land after a certain period.
Attorney General Kiryowa Kiwanuka has guided how bona fide occupants, including Bibanja holders, and their counterparts on leasehold land can apply for titles under this process. This guidance follows an inquiry made by Lands Minister Judith Nabakooba last December, focusing on land title acquisition under adverse possession and the closure of Blue Pages.
Legal Framework for Adverse Possession
The legal framework outlined by Attorney General Kiwanuka involves several key steps for Bibanja holders and other occupants to acquire land titles.
Applicants who have legally stayed on the land for 12 years uncontested can apply to the Registrar of Titles in the Lands Ministry for the title.
The process requires applicants to demonstrate intentions of acquiring the land and meet specific criteria.
In a 19-page document, Attorney General Kiwanuka detailed the steps to qualify for a title under adverse possession.
The guidance references multiple sections of the Limitation Act Cap 80 and the Registration of Titles Act (RTA) Cap 230.
These sections detail the procedural and legal requirements for adverse possession, including the need for the tenant to have had interests hostile to those of the possessor.
Steps to Acquire Titles
According to the guidance, applicants must follow these steps to acquire a title:
1. Application Submission: Applicants must submit a complete application, including personal details, attestation by a qualified individual (as defined under Section 147 of the RTA), a statutory declaration, and a survey plan.
2. Registrar Review: The Registrar of Titles has discretionary powers to accept or reject the application. If accepted, a notice of the application is advertised at the applicant’s expense.
3. Advertisement and Notification: The Registrar will advertise the notice in the Gazette or notify individuals with any estate or interest in the land.
4. Issuance of Title: Upon clearing all steps, the old title is cancelled, and the new title is issued to the applicant.
Implications for Unregistered Land and Leasehold Interests
For unregistered land, occupants who have been on the land for 12 years or more can apply for a title under the same procedure due to the lapse of the limitation period, which terminates the interest of the unregistered owner.
Sections 16 and 29 of the Limitation Act Cap 80 support this process.
For leasehold land, the acquisition process involves proving no permissive use of the land, which must be actual, open, exclusive, and adverse for the statutory 12-year period.
The procedure for acquiring a title under adverse possession for leasehold land is similar to that for registered land.
Government Response and Implementation
The Lands Ministry has confirmed receiving the legal guidance, which is currently under review by a team of technocrats led by the Registrar of Titles.
Lands Ministry spokesperson Dennis Obbo stated, “The guidance came to our political leadership and was passed to the technical officials where a team of technocrats has been constituted.” This team will develop a roadmap for implementation and inform the public once finalised.
Background and Concerns
Minister Nabakooba’s inquiry into adverse possession and the closure of Blue Pages stemmed from concerns about land fraud, primarily due to absentee landlords and land without titles.
Fraudsters allegedly exploit these loopholes to grab land and carry out illegal evictions using fake documents such as Land Purchase Agreements, Wills, and Gift Deeds.
“The current trend of land fraud in the country is mainly occasioned by absentee landlords and land on Blue Pages without land titles,” Nabakooba stated.
She highlighted the use of fraudulent documents to transition land from Blue Page to White Page status, facilitating illegal registrations and transfers.
Legal and Procedural Clarity
Attorney General Kiwanuka provided clarity on the Blue Pages issue, explaining that they are original registry copies of un-surveyed Mailo land, which, when surveyed and ascertained, are graduated to White Pages.
He emphasised that Blue Pages are valid certificates of title and can be converted to White Pages if there are no adverse claims and subject to the Laws of Limitation.
Legal expert Elias Nalukoola expressed concerns about the potential misuse of the adverse possession process against landlords who are present but temporarily absent.
“What if I buy my land and travel to the UK, and you come around as a Bibanja holder and after years, you claim I am not known?” Nalukoola questioned.
He pointed out the government’s perceived favouritism towards Bibanja holders, which might complicate the interpretation and application of adverse possession.
Recent Developments
The guidance from the Attorney General follows recent efforts by junior Lands Minister Sam Mayanja to address landlord-tenant disputes in Mukono Municipality.
Mayanja’s visits to various villages aimed to settle conflicts and provide clarity on land ownership issues.
Minister Nabakooba also requested guidance on the legal implications of removing Blue Pages, which she argued create loopholes for fraud.
She detailed the challenges posed by Blue Pages, such as facilitating the creation of fictitious beneficiaries and fraudulent land claims.
The legal guidance provided by Attorney General Kiwanuka marks a significant development for Bibanja holders and landlords in Uganda.
The clarification on adverse possession and the procedures for acquiring land titles aim to address longstanding issues related to land tenure and ownership.
As the Lands Ministry prepares to implement these guidelines, the focus will be on ensuring that the process is transparent, fair, and accessible to all stakeholders involved.
For further updates on the implementation and impact of these legal changes, stakeholders are encouraged to follow announcements from the Lands Ministry and participate in community discussions.
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