The analysis of the Land Tenure System in Uganda.
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Date
2017-10
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Publisher
Kampala International University, School of law.
Abstract
Kampala exhibits informal urban expansion typical of cities in Sub Saharan Africa. Of note
about Kampala's urbanization process is the extent of informality estimated to comprise about
60% of all urban developments. Though there exists a diversity of circumstances and factors that
contribute to informal urban developments, this study focused on land tenure considered key in
land development because being the rules underlying a people's relation to land, rules of tenure
define rights to land, how these rights are accessed and even influence developments put on land
depending on the security accorded to land rights. This study assessed the effect rules of tenure
have on urban developments in Kampala by examining land access, land subdivision and land
development processes (considered the three stages where informality can occur) in the land and
property development process.
Qualitative and quantitative methods including key informant interviews, household intervievvs,
literature review, observation, in-depth interviews and case studies were applied in data
collection. Research findings show that land in Kampala is held under the Mailo, Leasehold,
Freehold and Customary tenure systems with Maio being the dominant land tenure system and
Customary tenure being negligible. A defining characteristic of land holding in Kampala is the
separation of land ownership from the ownership of developments on land, designed to
accommodate rights of occupants (called Kibanja occupants) who own developments on land
under the Mailo and Freehold tenure systems. Rights ascribed to occupants and processes
proposed to administer these rights by The Land Act 1998 have never been real ised because they
are contested by the registered land owners. This emerged as the cause of informal land access
under the Mailo and Freehold tenure systems. Informality in land access is perpetuated in land
subdivision and land development processes as the KCCA only approves subdivisions and
developments on land with formal land ownership documents, in Kampala comprised of land
under Leasehold tenure hut which constitutes less than 30Fo of overall land holding.
To address informality in land access, land subdivision and land development processes under
the Maio and Freehold tenure systems, the study identified positive aspects of the current
informal structure applied in administering Kibanla rights especially the role played by Local
Councils in registering, demarcating and adjudicating Kibanja rights which could form the basis
on which the KCCA could build on (through formulation of subdivision and development
regulations responsive to Kibanja rights and incremental implementation of planning standards
on land under Kabanja occupancy) to achieve planned urban developments in spite of persisting
conflicting tenure relations. These proposals made in view of the considerable time and financial
resources it would take to resolve the disagreements over occupant registered owner rights as
currently constituted and in light of the rising demand for land in Kampala caused by high
population growth.
Keywords: land tenure; land access; land subdivision; land development.
Description
A research proposal presented to the School of Law in partial fulfillment of the requirements
for the Award of Diploma in Law of Kampala International University.
Keywords
Land Tenure System, Analysis, Uganda