Notes On Bringing Land Under The RTA

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Steps Required to Bring land under the Registration of Titles Act

Part three of the RTA deals with bringing land under the RTA. The following can
apply for registration of land;

 Natural person, company duly incorporated under the Companies Act,


Cooperative society, parastatal bodies created by an Act of parliament,
government agencies for example local government councils and trustees
under the Trustees Act. Trusts are not registered but its the trustees of such
bodies for example the Trustees of the Church of Uganda;
 Government of Uganda. The Uganda Land Commission holds on behalf of
the government;
 Foreign government acquires land through their representatives (embassies)
under the Diplomatic and consul Act.
 Two or more people can be registered on the same piece of land as joint
owners under section 53 of RTA;
 Minors; can be registered and own land. There is need to specify the period
of minority. Please note that there is need for the order of court to deal with
the minor’s land even if you are the one who bought it.

Section 7 provides for future grants. It provides that grants of all surveyed public
lands should be registered. This is done by an enrollment of the record of grant
or certificate.

Section 11 provides that upon application, the registrar shall publish notice of the
application in the Gazette and serve the notice on such persons as he or she
may think fit, and shall appoint a time not less than twenty-eight days nor more
than twelve months from the publication of the notice on or after the expiration of

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which the registrar shall, unless a caveat is lodged forbidding it, bring the land
under the operation of this Act.

Section 12 allows the registrar to reject an application for delay.

Section 14 of R.T.A deals with the situations where a person claiming by


possession can apply for a certificate of title. In Lukwago v. Bawa Singh &
Anor. [1959] EA 282 it was held by Bennet J that “it is of essence of the
relationship between a mailo owner and a holder of kibanja that the latter’s right
of occupancy endures for an indeterminable period and is heritable by his heirs
and successor.

This is the summarised procedure

 Applying to the registrar of titles to be issued with a certificate of title.


 Following that application, he has to post a notice on the land to which he
wants the title to be granted.
 The notice should adequately describe the nature of interest he is claiming
by possession.
 The said notice shall be displayed for not less than 21 days before
considering the application. – Draft the notice 1 st Schedule Form II
 The title before it is issued, the land in question must be surveyed by the
land commission for surveys. The deed plan is prepared and signed by
issuing authority.

If no caveat has been lodged to the registrar forbidding the registration of the
land under R.T.A. after a period of 21 days envisaged in section 14 of R.T.A.
then the registrar shall bring the land under this Act. In David Aear & 3 Ors v.
Alfred Aear – Aliro [1982] H.C.B. 60; H.C.C.A. No. 30 of 82, it was held that

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any person claiming any estate/interest in land which is being surveyed with a
view to being brought under the operation of the RTA must lodge a caveat.

Documents

NOTICE
Application has been made to bring the land described in this notice under the
R.T.A. on the title claimed by possession. The number of application is
001/2007.

Date of lodging in the office of titles 30/04/2003

Name:
Address:
Occupation: Lawyer

Land applied for is 56 acres situate at Kololo, Kampala

Dated this ….day of October 2007.

……………………………………….
Signature of the applicant.

Application

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The Registrar of Titles


KAMPALA

Dear Sir,

RE: APPLICATION FOR REGISTRATION OF TITLE BY POSSESSION

I ………………………..apply to have the and hereafter described brought under


the operation of the registration of Titles Act.

I declare that the are no documents the land contains 56 acres or thereabouts
and is comprised Kololo, Kampala.

That there are no documents on evidence of title affecting the land in my


possession or under my control.

Finally, that I am not aware of any encumbrance affecting that land or that any
other person has any estate or interest in the land in possession.

DATED this….day of ……………………..2007.

Yours faithfully,

THE APPLICANT

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