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New Terms for Land Registration 2024

Land registration rules 2024. Image source: The Daily Monitor

UGANDA, Kampala Real Muloodi NewsIn a significant move to enhance transparency and curb fraud in land transactions, the Ugandan government has introduced new terms for land registration, making it mandatory for landowners to acquire postal addresses linked to their particulars on National Identity cards or passports.

The announcement, made by Mr. Baker Mugaino, the acting commissioner of Land Registration, aims to streamline communication channels and eliminate fraudulent activities associated with brokers.

The decision is a response to an October 2023 Court of Appeal judgment (Mukiibi and Anor versus Commissioner Land Registration) that emphasised the importance of a postal address as the “only recognised way” for the Commissioner Land Registration to serve individuals with interests in registered land. This judgment is expected to safeguard landowners from potential fraudulent activities by ensuring direct communication from the authorities.

Under the new regulations, landowners are required to update or acquire postal addresses, matching them with verified email addresses, telephone contacts, and National Identification Numbers (NIN) on their National Identity Cards or passports.

The government aims to bridge the communication gap between landowners and the Ministry of Lands, reducing the influence of brokers who often use their contact details during land registration.

Acting Commissioner Mugaino highlighted concerns that brokers, using their own telephone contacts, end up possessing crucial information and official communication intended for the landowners.

This information is then exploited to manipulate details on registered land or conduct unauthorised sales without the landowner’s knowledge.

While the Uganda Law Society (ULS) cautiously welcomed the proposals, it suggested that the government should embrace technology to convey land transaction information instead of relying solely on physical postal offices.

ULS President Mr Bernard Oundo stressed the importance of amending relevant legal provisions to allow for the use of modern communication methods, including emails, for official land-related services.

The ULS proposed that Section 202 of the Registration of Titles Act, which requires notices to be served by letter, be amended to accommodate electronic communication.

Mr Oundo argued that the courts in Uganda already recognise the service of court processes through email, and land-related communication should also adopt modern methods.

In response to concerns about the efficiency of postal services, the Acting Land Registration Commissioner defended the decision, stating that the Land Registry is digital, and the law grants the power to use any communication channel deemed fit.

He emphasised the need for sensitisation to ensure landowners understand and accept the new regulations.

However, some legal experts argued that the law mandates the use of physical postal addresses, and any amendments should follow proper legislative processes.

Despite these debates, the government’s directive is set to impact millions of landowners, with the Ministry of Lands actively promoting the adoption of new terms for land registrations.

While acknowledging the potential challenges, the government appears committed to modernising land-related communication and enhancing security and transparency in land transactions.

As Uganda takes this bold step, the impact on landownership and the efficiency of communication in the sector will unfold in the coming months.

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