Critical analysis of the legal frame work on conveyancing of land.
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Date
2016-10
Authors
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Journal ISSN
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Publisher
Kampala International University, School of Law
Abstract
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.
Description
A research dissertation to be submitted to the faculty of law in partial fulfillment for the award of Diploma in law of Kampala International University Uganda
Keywords
Legal frame work, Conveyancing, Land.