KAMPALA — The Ministry of Lands, Housing and Urban Development has introduced stricter procedures for replacing lost, destroyed or damaged land titles, requiring public notices, physical inspections and stronger verification to curb fraud and protect legitimate landowners.
Under new guidelines presented by Lands Minister Judith Nabakooba on Tuesday, applications for Special Certificates of Title will be subjected to a mandatory notice period of at least 30 days, during which people claiming an interest in the land can raise objections before a replacement title is issued.
The measures seek to close loopholes that have enabled fraudulent land transactions, impersonation, double sales and disputes over ownership by strengthening checks before the government issues replacement documents.
The guidelines require the ministry to publish notices in the Uganda Gazette for at least 30 days, display them on the relevant land and at sub-county and Local Council I notice boards, and publish monthly lists of applications in a newspaper of wide circulation.
The ministry will also publish details of the affected land parcels and applicants on its website for the same period, allowing potential claimants and other interested parties to scrutinise applications.
Any person alleging fraud, competing ownership claims, double sale, impersonation, unlawful retention or another material irregularity will be allowed to lodge a formal objection with the Registrar of Titles within the applicable notice period.
Where an objection is received, the registrar must summon the parties for a hearing and make a ruling, giving those who may be affected an opportunity to be heard before a decision is made.
The guidelines are anchored in the Registration of Titles Act and other applicable laws, including the Constitution and the Land Act. They provide for the issuance of Special Certificates where duplicate certificates have been lost, destroyed or become so damaged that they are unusable, as well as cases where a court orders their issuance.
Beyond paperwork and public notices, the ministry will require physical inspections and, where necessary, boundary-opening exercises to establish the status of land before approving applications.
The exercises must be conducted by a government surveyor together with a registrar of titles or land officer, in the presence of the Local Council I committee, which must have a quorum of five members.
Inspection reports will document the proceedings, people present, developments on the land, occupancy and current use. The requirement is intended to provide additional evidence about the property and help identify competing claims that may not be apparent from the documents submitted.
Applicants seeking replacement titles for lost documents must submit a statutory declaration, proof of payment of the required fees, a national identity document, passport-size photographs, a police form reporting the loss, an LC I committee report and an inspection or boundary-opening report.
They must also provide evidence of publication through a Gazette notice and newspaper advertisement, alongside a local notice.
For titles that have been obliterated, applicants must surrender the damaged duplicate certificate and provide supporting documents, including a statutory declaration, identification and inspection reports.
The guidelines also introduce specific requirements for administrators and executors seeking Special Certificates of Title on behalf of deceased persons’ estates.
In addition to the general application documents, they must provide an inventory, letters of probate or administration, and a copy of the petition for probate or letters of administration.
The additional requirements are intended to establish that applicants have the legal authority to act for the deceased person’s estate before a replacement title is issued.
For court-directed applications, the person seeking implementation of the order must submit a formal letter and a certified copy of the court order. The Registrar of Titles must independently verify the order with the court that issued it before proceeding.
Under the new framework, a replacement title cannot be approved merely because an applicant reports that the original document is missing.
The registrar must establish that the original certificate was genuine, the applicant has been properly identified and is legally authorised to apply, and the loss, destruction or damage has been sufficiently demonstrated.
The registrar must also confirm that the transaction is genuine, relevant dealings and encumbrances have been identified, recognised pending transactions have been completed, and no unresolved legal matter prevents issuance.
The proposed Special Certificate must accurately reflect the particulars contained in the Register Book, which serves as the official record of registered land interests.
Every decision to approve, defer, reject or suspend an application must be documented with reasons. The ministry will also require material steps in the process to be recorded and stored in both physical and electronic formats to improve accountability and traceability.
Once issued, the Special Certificate must contain the relevant register particulars, endorsements and the reason for its issuance. The Register Book must also be updated with the issuance date, application number, reference to the previous certificate and relevant Gazette notice or court order, where applicable.
The guidelines are intended to strengthen the integrity of Uganda’s land registration system while providing an avenue for people with legitimate interests to challenge questionable applications before replacement titles are issued.
They also reinforce the principle that land registration procedures must be conducted in accordance with the law and with due regard to the rights of lawful and bona fide occupants protected under Article 237 of the Constitution.
Source: pmldaily.com
