General and Fixed

Boundaries
Fixed Boundaries
• These are accurately determined and documented
imaginary cadastral lines that have coordinates of
points at their corners.
• They are accurately surveyed and have coordinated
corner points determined using standard survey
techniques.
• These are common on land under Freehold, Mailo and
leasehold tenure.
Fixed Boundaries: Advantages
• When surveyed, it is easy to resolve boundary
disputes using survey data. This is because they are
based on a rigid coordinated network of points.
• No ambiguity as to the location of the boundary
lines e.g. boundary specifies an exact line.
Fixed Boundary

What are the

disadvantages
of fixed
boundary
methods ?
Fixed Boundaries: Disadvantages
• The cost of survey. These are time consuming and
very costly due to use of expensive equipment and
long periods spent extending control.
• Cost of maintenance of boundaries. This is evident
with continuous re-opening of boundaries and
replacement of mark stones in cases of disputes or
conflict on land.
• These methods are difficult when used in isolation.
For example; In rural areas away from established
control points. This has however been minimized with
introduction of GNSS positioning.
Fixed Boundaries: Disadvantages
• The methods used to establish these boundaries are
difficult and costly due to the measurement
methodologies or procedures and computations
involved. These include traversing, triangulation,
differential GPS etc.
General boundaries
• The exact line of the boundary has been left
undetermined, for instance whether it includes a
hedge or wall and ditch, or runs along the center of a
wall or fence or its inner or outer face, or how far it
runs within or beyond it; or whether or not the land
registered includes the whole or any portion of an
adjoining road or stream ( Henssen,1996).
• These are therefore approximate documented
imaginary lines that do not have coordinates.
General boundaries
• These are suited for rural areas where parcels of land
a large, disputes over small pieces of land minimal
and population is not self sustaining enough to carry
out expensive cadastral surveys.
General boundaries
• In Uganda, these boundaries mostly cover especially
customary land.
• Today FAO has funded processing Certificates of
Customary Ownership (CCOs). In the past, such land
was not documented. (Though the constitution
made provision for documentation for such land.)
General boundaries: Merits
• These can be used in isolation because they are not
based on a coordinated network of control points
making them suitable for remote of remote areas i.e.
hills of Rwenzori.
• Establishment of these boundaries is less costly and
consumes less time. Area Land Committee members
demarcate the land and CCOs are issued at the Sub
country where the sub county chief acts as the
registry.
General boundaries: Merits
• The methods of establishment are easier and
equipment used is generally easier to use. These
include Photogrammetry, Plane table using
trilateration and triangulation techniques. Today in
Uganda Kasese and Nwoya have been mapped using
SOAL Open Tenure. A technique that uses a tablet
enabled with GPS and Google earth satellite image.
General boundaries (demerits)
• Boundaries are approximate hence not reliable for
control use, disputes arise due to plot overlaps
• Re-establishment of these points is difficult because
of lack of coordinates and the approximate nature of
the establishment.
Question:

Are there any disadvantages of

converting general boundaries to
fixed boundaries?
Characteristics of Good Boundary Markers
• They should be distinguishable with a high contrast
material and color from surrounding.
• They should be generally accepted by the people in
the area fore example “Mpanyi” in Buganda and Killer
Jok in “Nwoya”.
• They should be durable made from strong material
not easily destroyed by adverse weather and fire.
Characteristics of Good Boundary Markers
• They should be simple and ordinary not to entice
individuals to steal the markers.
• Should be environmentally friendly made of materials
that are not poisonous to the environment.
• They should be tied to permanent structures i.e.
buildings to enable re establishment when lost.
• They should be easily defined small and symmetrical
enough to enable the location of its centre.
Characteristics of Good Boundary Markers
• They should be easily fixable firmly into the ground to
make them difficult to uproot and stay for a long time.
• They should be portable easily transportable from
place to place.
• Affordable not very expensive to be afforded by the
community.
Institutional framework
.
Institutional framework for land governance
• Land administration operates within two parallel within
two parallel systems comprising.
1. The traditional customary/informal systems governed by
customs and norms of given communities and
2. The centralized statutory/formal (state) systems
governed by written law.
• The two are not in harmony and often lead to confusion as
the institutional arrangements are not clearly spelled out
and the two systems are not at the same level of
development (GOU-NLP 2013:32)
Institutional framework for land governance
• The constitution in chapter 238 decentralizes the land
administration function.
• The lead ministry for the delivery of land services is
the Ministry of Lands Housing and Urban
Development through the Directorate of Lands.
• The ministry remains with the function of quality
assurance, policy formulation and offering of technical
assistance.
Institutional framework for land governance
• The constitution under article 238-240 establishes the
land management institutions, thus the Uganda Land
Commission and District land Boards.
• It also prescribes the functions for each of these
institutions. While the constitution prescribes the
membership, procedure and terms of service of the
Uganda land Commission, it gives Parliament power to
enact legislation prescribing the same for the District
Land Boards.
Institutional framework for land governance
• The land sector is premised on two frameworks that
are complementary. The land Sector Reform
coordination unit and the Land Management
Institutional Framework that supports the day to day
delivery of land services at various levels.
• Within the Ministry of Lands, Housing and Urban
Development is the Directorate of Land of Land
Management under which are three Departments
listed below.
Institutional framework for land governance
• Department of Surveys and Mapping responsible for
the establishment of survey and geodetic controls,
quality checks of cadastral jobs, survey of government
land and international boundaries, production and
printing of topographical maps. The Department is
also responsible for producing a National Atlas.
Institutional framework for land governance
• Department of Land Registration responsible for issuance
of certificates of Titles, general conveyance, keeping
custody of the national land register, coordination ,
inspection, monitoring and back up technical support
related to land registration and acquisition processes to
local governments.
Institutional framework for land governance
• Department of land administration responsible for
supervision of land administration institutions and
valuation of land and other properties.
Institutional framework for land governance
• National Land Information Centre (NLIC) functions as
the nerve center for all computerized information
about land in Uganda and provides methodological
support to the Ministry Zonal Offices (MZOs) in land
registration and cadastral activities and serves as the
main provider of land information, assures land
information data exchange with other agencies.
Institutional framework for land governance
• The Directorate of physical planning and urban
development aims to attain an orderly, progressive
and sustainable urban and rural development as a
framework for industrialization, provision of social and
physical infrastructure, agricultural modernization and
poverty eradication.
Institutional framework for land governance
• 21 ministry zonal offices have been created to support
this function in the national cadastral zones. The
MZOs are to provide the services of physical planning,
land administration, land valuation, surveys and
mapping, land registration and housing at every
cadastral zone.
Institutional framework for land governance
• The District Land Boards (DLBs) hold and allocate land
that is not owned, and facilitate the registration and
transfer of interests in land, and determine the annual
ground rent.
• They are also to issue Certificates of Customary
Ownership.
• DLBs are supported by technical staff in the District
land offices (DLO), Area Land Committees (ALC) are
established at the sub county or division level. The
role is to adjudicate upon and demarcate land.
Institutional framework for land governance
• The recorder at the sub – county level is the sub –
county chief or assistant town clerk at the division
level. The role of the recorder is to issue Certificates of
Customary Ownership and Certificates of Occupancy
and to register subsequent land transactions on the
basis of the said certificates.
Institutional framework for land governance
• The ambiguity is found in the land justice delivery
mechanisms, Ministry of Justice and Constitutional
Affairs have a conflicting mandate with Ministry of
Lands Housing and Urban Development over
management of Land Tribunals and the execution of
mediation function.
• There are currently 5 differently land dispute
resolution mechanism; traditional institutions (clan
leaders and elders), local councils courts, Magistrate
courts, Mediators and Land Tribunals