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LAND MANAGEMENT HANDBOOK POPULAR VERSION LAND MANAGEMENT HANDBOOK POPULAR VERSION August 2022 ISBN No: 978-9913-9927-4-9 Published by Friedrich-Ebert-Stiftung Kampala, Uganda 5B John Babiiha road P.O Box 3860 www.uganda.fes.de Authors: Dr. Kiggundu Amin Tamale, Associate Professor Mukiibi Stephen, Mr. Eriaku William, Miss Nakanwagi Orashida and Miss Aliamo Eunice Co-author: James Nkuubi Luyombya Copy Editor: Will Boase Design and Illustrations: Ivan Barigye Image: Peter Mayanja General Editing: Geraldine kabami and John Bosco Mubiru The findings, interpretations and conclusions expressed in this volume are attributed to individual author and do not necessarily reflect the views of Friedrich-Ebert-Stiftung (FES). FES does not guarantee the accuracy of the data included in this work. FES bears no responsibility for oversights, mistakes or omissions. The sale or commercial use of all media published by Friedrich-Ebert-Stiftung is prohibited without the written consent of FES. Copyright: This work is licensed under the Creative Commons’ Attribution – Non Commercial ShareAlike 2.5 Licence. 2021. i INTRODUCTION This handbook has been developed by Friedrich-Ebert-Stiftung (FES) to provide a simplified tool with easily readable information on land management issues for political leaders, technical executives and ordinary citizens in the Greater Kampala Metropolitan Area (GKMA). The handbook aims to equip with knowledge of various critical land management issues ranging from land evictions, land registration and land acquisition processes among others. We hope that this handbook will inspire all stakeholders involved in land management to provide and seek land services in the most efficient and effective ways in their constituencies. I CONTENTS INTRODUCTION II ACKNOWLEDGEMENTS VI SUMMARY OF THIS HANDBOOK 1 PART 1: LAND LAWS AND POLICIES IN UGANDA 4 1.1 MAIN LAWS 4 1.2 OTHER LAWS AND POLICIES USED IN LAND 5 ADMINISTRATION IN UGANDA PART 2: LAND OWNERSHIP IN UGANDA 8 2.1 SYSTEMS OF LAND OWNERSHIP/HOLDING 9 2.1.1 MAILO LAND TENURE 10 2.1.2 FREEHOLD LAND TENURE 11 2.1.3 LEASEHOLD TENURE 12 2.1.4 CUSTOMARY LANDHOLDING: 14 2.2 EVIDENCE OF LAND OWNERSHIP DOCUMENTS 15 2.3 KEY INSTITUTIONS INVOLVED IN LAND ADMINISTRATION 15 2.3.1 LOCAL GOVERNMENT LEVEL 16 2.3.2 NATIONAL INSTITUTIONS 17 PART 3: FAMILY RELATIONSHIPS AND LAND RIGHTS 20 3.1 DEFINITION OF A SPOUSE 20 3.2 UNDERSTANDING WHAT FAMILY LAND IS 21 3.3 TRANSACTIONS ON FAMILY LAND 22 3.4 RIGHTS OF SPOUSES IN RELATION TO FAMILY LAND 24 II PART 4: TRANSACTIONS ON LAND AND DOCUMENTATION 26 4.1 DOCUMENTATION OF LAND TRANSACTIONS 26 4.2 CATEGORIES OF DOCUMENTS USED 27 IN LAND TRANSACTIONS 4.3 KEY ASPECTS TO OBSERVE DURING A LAND TRANSACTION 28 4.4 WHO SHOULD YOU INVOLVE IN LAND TRANSACTIONS? 31 SUMMARY OF THE PROCESS OF ACQUIRING LAND 31 4.5 RIGHTS AND OBLIGATIONS OF LANDOWNERS 32 4.6 RIGHTS AND OBLIGATIONS OF TENANTS 33 PART 5: HOW PRIVATE CITIZENS AND GOVERNMENT 36 ACQUIRE LAND 5.1 GOVERNMENT ACQUISITION OF LAND 36 5.2 PRIVATE LAND ACQUISITION 37 PART 6: RESOLVING LAND-RELATED DISPUTE 40 6.1 COMMON LAND DISPUTES 40 6.2 LAND DISPUTE RESOLUTION MECHANISMS 43 PART 7: EVICTIONS 50 7.1 WHAT CAUSES EVICTIONS? 50 7.2 GUIDELINES AND BEST PRACTICES DURING EVICTIONS 51 7.3 CENTRES OF RECOURSE FOR HELP REGARDING ILLEGAL 52 LAND EVICTIONS AND OTHER LAND RELATED MATTERS 7.4 CATEGORIES OF PEOPLE NOT PROTECTED BY 53 THE LAW IN CASES OF FORCED LAND EVICTIONS III ACKNOWLEDGEMENTS This handbook would not have been possible without the team from Makerere University College of Engineering, Design, Art and Technology, led by Dr. Tamale Kiggundu Amin. They developed an academic land management manual to be used for academic reference and teaching tool at the University, and it is that manual from which this handbook was derived. Special thanks to Mr. Nkuubi James Luyombya, for expertly simplifying and compressing the academic land management manual into this easy-to-read land management handbook. Vi SUMMARY OF THIS HANDBOOK This Land Management Handbook is an important tool for technical executives, political leaders and ordinary citizens in the Greater Kampala Metropolitan Area (GKMA). Urbanisation and industrial development are fast occurring in the city, and leaving in their wake a chain of land disputes, including forced evictions, which have diverse ramifications for the communities they affect. The handbook’s development was largely triggered by a perceived need to equip new political office holders with land management and administration knowledge, which is required for better service delivery in the land-related aspects of their respective constituencies. The handbook provides its readers with an insight into the various working terminologies used in the five most common spheres of land management. It discusses: • Land ownership, describing who can own land • Rights and interests in land • Land transactions including compulsory land acquisition and the attendant requirements of valuation • Family land-related aspects • Protection of one’s land These terms are defined and described as required by the law, and their legal meanings explained. Part I of this document details the Land Laws and Policies in Uganda, introducing the readers to the main framework of the laws that provide direction and guidance in governing, administering and resolving land disputes. It provides both a historical and a contemporary understanding of the legal framework, focusing largely on the 1995 Constitution and the various laws and policies that have been crafted after 1995 that affect the management and administration of land, such as the National Physical Planning Act 2010 and the Uganda Succession Act Cap 162. 1