Browsing by Author "Kabahinda, Natasha"

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    Critical analysis of the legal frame work on conveyancing of land.
    (Kampala International University, School of Law, 2016-10) Kabahinda, Natasha
    Land is a valuable asset and also a valuable factor of production in modem era of economy. In many pmis of the world land is a limited resource. In most countries, custodianship and ownership of land and landed prope1iies tend to be generally guarded through meticulous captnring, recording and storage of appropriate data and information. Conveyancing is the method by which land is transferred from one person to another. The conveyancing process is usually commenced by the signing of a sale agreement for the purchase of land by the pmiies. The agreement must be in writing and duly signed by both pmiies (the Vendor and Purchaser). It is advisable to retain an Attorney from the beginning to prepare or vet the agreement and in the normal course the Purchaser's Attorney will be responsible for checking and approving the title to the property and preparing the final document which is called the conveyance. The most important aspect of the work by the Attorney completing the transfer is to make sure the Vendor has good title, and in order to ascertain this, he/she must conduct a title search. The way in which the search is conducted is determined by the manner in which the land is held or registered. A legislative provision for the transfer of custodianship and/or ownership requires the involvement of different role players in the conveyancing processes that culminate in the registration of land and associated immovable property. In some countries, the conveyancing processes tend to be complex and cumbersome. Thus the proposition in this paper is that complex and cumbersome conveyancing processes and systems affect business activities that often involve the acquisition and/or transfer of custodianship or ownership rights to land and immovable property. This paper critically analyzes the legal frameworks on conveyancing processes of land.