UGANDA, Kampala | Real Muloodi News | The Ugandan government has announced new land rules aimed at addressing widespread fraud in the sector. These guidelines seek to improve the credibility and transparency of the land registration process while safeguarding property rights for all stakeholders.
One common type of land fraud involves the issuance of multiple titles for the same piece of land. This can occur due to errors or alleged intentional misconduct within the land registry, which is responsible for issuing certificates of title.
An internal memo dated May 2 and addressed to all registrars of titles and ministry zonal office land officers directs them to prioritise inspection reports as an integral part of first registration.
The memo, signed by Baker Mugaino, acting commissioner of Land Registration at the Ministry of Lands, highlights the need to enhance the registration process’s credibility and transparency.
According to the memo, comprehensive land inspection can validate customary claims and ensure that information recorded in the registry is undisputed.
Proactive measures can help prevent future conflicts, ensure legal compliance, and address potential irregularities at the outset.
“The Office of Titles has received numerous petitions from sitting tenants or customary owners requesting cancellation of titles on the grounds that the title registration facilitation procedure did not comply with Section 64 of the Land Act and Regulation 21 of the Land Regulations, 2004,” the memo stated.
The new land rules emphasise the importance of land inspection, which involves visual inspections, measurement, and research to ensure compliance with legal requirements and minimise registration irregularities and inaccuracies in ownership records.
Land officers are tasked with ensuring that land inspection reports and physical planning forms are completed before forwarding them for registration.
Land officers at the Lands Ministry zonal offices must ensure that the District Land Board verifies compliance with the detailed requirements of Regulation 21 of the Land Regulation 2004. This regulation outlines procedural requirements for committee hearings, including conducting hearings in public, considering evidence on land boundaries, and giving particular regard to the interests of women, children, and persons with disabilities.
The district physical planning committee must inspect the land and verify land usage and zoning before issuing Land Form 3 under the Physical Planning Act 2010. This form provides for the application for a change of land use.
Mugaino stated that all first registrations of 250 hectares (617 acres) and above should be inspected by registrars of title before registration.
For conversion from blue page to white page, the survey report should indicate whether the applicant is in physical occupation. If not, any conversion to white page is subject to unregistered interests on the land.
The new rules also address the process for obtaining special certificates of title. In January, fresh guidelines were introduced to curb fraudulent transactions.
These changes followed a November 28, 2023, directive from Lands Minister Judith Nabakooba instructing land registration commissioners, survey and mapping officials, and registrars to conduct on-site visits for physical diligence before granting special titles.
Land registrars in Uganda collaborate with village to district leaders to conduct due diligence. This process is supervised by Resident District Commissioners (RDCs) and Chief Administrative Officers (CAOs) to ascertain true ownership and ensure the legitimacy of land titles before issuance.
The new land rules have been welcomed by some stakeholders, who believe they may help to some extent.
Richard Muganzi of Landcode Initiative noted that the guidelines could improve the registration process and potentially reduce abuses and inaccuracies in land registration.
Concerns remain about the successful implementation and enforcement of the new rules. A lawyer involved in the sector noted that the success of these guidelines depends on various players, not just the registrars mentioned in the guidelines.
Despite the regional diversity in Uganda, land remains a critical issue due to its central role in economic development, agriculture, and natural resource use.
It is also significant for the Ugandan Parliament, as it is central to social, political, and economic life across the country.
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