Unregistered interest on land are protected by the Constitution of the Republic of Uganda 1995 and the Land Act Cap 227 These include,
Tenants by occupancy; a person who entered the land with the consent of the registered owner and includes a purchaser.
Lawful occupant. Means a person who entered the land with the consent of the registered owner and includes a person who occupied land as customary tenant but whose tenancy was not compensated by the registered owner at the time of acquiring the leasehold certificate of title See land Act S.29(1)
Bona fide occupant; means a person who before the coming into force of the constitution-occupied, utilized, and developed any land unchallenged by the registered owner or his/her agents for at least twelve years or actually acquired his/her interest in land from a bona fide occupant. See Land Act S.29(2).
You must take the following steps to guard against being evicted from your “kibanja” that may fall in any of the foregoing interests;
i. Ensure that before any purchase of the “kibanja”, all necessary due diligences must be taken as to who actual owner is, through doing inquiries from the neighbors to unearth the history of ownership
ii. Obtain a mandatory consent from the registered proprietor or his agent before payment of the purchase price.
iii. Carry on a full utilization of the whole of your “kibanja” either with cattle raring or farming. To guard against opportunists that may come and take possession of a vacant piece of land.
iv. Fence off your “Kibanja” with clear boundary marks or barbed wires.
v. Evidence of payment of “busulu” ground rent to the landlord must be kept jealously if any. Non payment of ground rent is the only reason under the law that the landlord can take your “kibanja” fro. You
.
vi. Protect any documents that you received as a result of purchase and compensation arising out of utilization of your land by UMEME, to give way for electricity lines or any other compensation.
vii. Proof of having been paying utility bills like electricity and water in your name is equally important to prove ownership of a particular piece of “kibanja” especially those within the cities and urban centers.
viii. In case of any threats of eviction, immediately report the matter to the RDC, who is the chairperson security committee within the District andpolice or L.C.
ix. Don’t give in to pressure by the land lord of taking part of your land forcefully-simply ask him/her to demand for ground rent or to allow you purchase your interest in title.
x. You can enter into negotiations with your landlord to relinquish part of your “kibanja” in exchange for a certificate of title in your name.
xi. For those who acquired their “kibanja through inheritance, usually obtain letters of administration from a court of competent jurisdiction.
xii. You may also acquire lease hold certificate of title from Buganda land border or from government through the area land committees and the district land boards which would guarantee you a registered interest to enable you deal with your land as you wish.
xiii. In case a landlord brings a suit against you in trespass don’t hesitate to go to court and put in a defence while capitalising on how long you have been on your Kibanja and and highlighting the above mentioned pieces of evidence.
xiv. Always collect from the vendor/seller any documents proving that he is the owner of “kibanja". These can be of grate help for you in case of any challenge.
The foregoing steps can be of grate help in protecting yourself from land grabbers/machineries.
Unregistered interest on land are protected by the Constitution of the Republic of Uganda 1995 and the Land Act Cap 227 These include,
1. Tenants by occupancy; a person who entered the land with the consent of the registered owner and includes a purchaser.
2. Lawful occupant. Means a person who entered the land with the consent of the registered owner and includes a person who occupied land as customary tenant but whose tenancy was not compensated by the registered owner at the time of acquiring the leasehold certificate of title See land Act S.29(1)
3. Bona fide occupant; means a person who before the coming into force of the constitution-occupied, utilized, and developed any land unchallenged by the registered owner or his/her agents for at least twelve years or actually acquired his/her interest in land from a bona fide occupant. See Land Act S.29(2).
You must take the following steps to guard against being evicted from your “kibanja” that may fall in any of the foregoing interests;
i. Ensure that before any purchase of the “kibanja”, all necessary due diligences must be taken as to who actual owner is, through doing inquiries from the neighbors to unearth the history of ownership
ii. Obtain a mandatory consent from the registered proprietor or his agent before payment of the purchase price.
iii. Carry on a full utilization of the whole of your “kibanja” either with cattle raring or farming. To guard against opportunists that may come and take possession of a vacant piece of land.
iv. Fence off your “Kibanja” with clear boundary marks or barbed wires.
v. Evidence of payment of “busulu” ground rent to the landlord must be kept jealously if any. Non payment of ground rent is the only reason under the law that the landlord can take your “kibanja” fro. You
.
vi. Protect any documents that you received as a result of purchase and compensation arising out of utilization of your land by UMEME, to give way for electricity lines or any other compensation.
vii. Proof of having been paying utility bills like electricity and water in your name is equally important to prove ownership of a particular piece of “kibanja” especially those within the cities and urban centers.
viii. In case of any threats of eviction, immediately report the matter to the RDC, who is the chairperson security committee within the District andpolice or L.C.
ix. Don’t give in to pressure by the land lord of taking part of your land forcefully-simply ask him/her to demand for ground rent or to allow you purchase your interest in title.
x. You can enter into negotiations with your landlord to relinquish part of your “kibanja” in exchange for a certificate of title in your name.
xi. For those who acquired their “kibanja through inheritance, usually obtain letters of administration from a court of competent jurisdiction.
xii. You may also acquire lease hold certificate of title from Buganda land border or from government through the area land committees and the district land boards which would guarantee you a registered interest to enable you deal with your land as you wish.
xiii. In case a landlord brings a suit against you in trespass don’t hesitate to go to court and put in a defence while capitalising on how long you have been on your Kibanja and and highlighting the above mentioned pieces of evidence.
xiv. Always collect from the vendor/seller any documents proving that he is the owner of “kibanja". These can be of grate help for you in case of any challenge.
The foregoing steps can be of grate help in protecting yourself from land grabbers/machineries.
