Registration of Titles Act

REGISTRATION OF TITLES ACT. ARRANGEMENT OF SECTIONS. Section PART I PRELIMINARY. 1. Interpretation. 2. Conflicting laws. PART II OFFICERS. 3. Appointment of officers. 4. Signature to be judicially noticed. 5. Seal of office. 6. Appointment of sworn valuers. PART III BRINGING LAND UNDER THE ACT. 7. Future grants and final mailo certificates to be registered. 8. Grants for public purposes. 9. Lands alienated before the Registration of Land Titles Ordinance, 1908. 10. Application when no dealing has been registered under Cap. 113, 1951 Revision, Ordinance 3 of 1904 or Cap. 81. 11. Application when a dealing has been registered. 12. Rejection of application for delay. 13. Notices of application. 14. Person claiming title by possession to post notice of application on land. 15. Land to be brought under the Act unless caveat received. 16. Land occupied may be brought under the Act by a different description from that in the title. 17. Application to bring land under the Act may be granted as to land occupied under but not described in the title deeds. 18. In case of error in Government survey, title may correspond to actual dimensions. 19.

to land occupied under but not described in the title deeds. 18. In case of error in Government survey, title may correspond to actual dimensions. 19.

Excess of land may be apportioned between different owners or proprietors. 20. Parties interested may lodge caveat. 21. Proceedings suspended if caveat received. 22. Caveat to lapse unless proceedings taken within one month. 23. Production of title deeds in support of an application to bring land under the Act. 24. Applicant may withdraw application. 25. Endorsement of prior title deeds. 26. Subsisting lease to be endorsed and returned. 27. Record book to be kept of documents. 28. Certificate of title to issue in name of deceased applicant or his or her nominee. 29. Application to bring under the Act land registered under Ordinance 11 of 1908. 30. Procedure. 31. Effect of lodgment of instrument affecting land registered under Ordinance 11 of 1908. 32. Closing of 1908 register. 33. Fees. 34. Fee for assurance of title. 35. Additional assurance fee in case of imperfect title. 36. Registration of leaseholds. PART IV CERTIFICATES OF TITLE AND REGISTRATION. 37. Register Book. 38. Certificates of title. 39. Issue of limited certificates. 40. Removal of limitation as to parcels. 41. Ordinary certificate not to be registered until limitation removed. 42.

9. Issue of limited certificates. 40. Removal of limitation as to parcels. 41. Ordinary certificate not to be registered until limitation removed. 42.

Application of Act to limited certificate. 43. No action against Government in certain cases. 44. Area of land need not be mentioned in certificate. 45. Receipts may be required for duplicate certificates. 46. Effective date of registration; the duly registered proprietor. 47. Registration of transfers of mortgages and transfers or mortgages of leases, etc. 48. Instruments entitled to priority according to date of registration. 49. Leases and mortgages may be in triplicate. 50. No notice of trusts to be entered in Register Book. 51. Memorial defined. 52. Memorial to be entered on duplicate instrument. 53. Signature of registrar substituted for seal in certain cases. 54. Instruments not effectual until registered. 55. Proprietor of land entitled to certificate of title. 56. Joint tenants and tenants in common. 57. Effect of insertion of the words "no survivorship". 58. Notice to be published before making order in respect of land under section 57. 59. Certificate to be conclusive evidence of title. 60. Certificate conclusive evidence as to title to easements. 61. Effect in certificate of words relating to easements. 62. Extension of Third Schedule to easements. 63.

clusive evidence as to title to easements. 61. Effect in certificate of words relating to easements. 62. Extension of Third Schedule to easements. 63.

Certificate to be conclusive evidence in action for specific performance or damages. 64. Estate of registered proprietor paramount. 65. Easements existing under deed or writing to be noticed as incumbrances. 66. Reversions expectant on leases. 67. Upon surrender of existing grants or certificates a single certificate may be obtained. 68. History of various dealings affecting land to be preserved. 69. [Repealed]. 70. Lost grant. 71. Issue of special certificate. 72. Copy of lost or destroyed certificate. 73. Registrar may call in duplicate certificate on sale by court or mortgagee or when required for cancellation, etc. 74. Refusal to send in duplicate or triplicate certificate. 75. Lists of certificates called in for cancellation to be exhibited. 76. Words of inheritance or succession to be implied. 77. Certificate void for fraud. PART V TITLE BY POSSESSION TO LAND UNDER THE ACT. 78. Person claiming title by possession. 79. Form of application. 80. Application, how dealt with. 81. Advertisement and service of notice of application. 82. Copy to be posted. 83. Time to be appointed by registrar after which application may be granted. 84. Contents of notice. 85.

otice of application. 82. Copy to be posted. 83. Time to be appointed by registrar after which application may be granted. 84. Contents of notice. 85.

Power to reject application. 86. Caveat forbidding grant of application. 87. Cancellation of existing certificate and issue of new one. 88. Fee for assurance of title. 89. Entries to be made by registrar. 90. Duty of registrar as to cancellation. 91. Effect of new certificate of title. PART VI DEALINGS WITH LAND. Transfers . 92. Form of transfer. 93. Transfer to include right to sue under it. 94. Proprietor may vest estate jointly in himself or herself and others without limiting any use, etc. 95. Instruments when signed and registered to have the same efficacy as a deed acknowledged. 96. Transfer of portion of the lands comprised in certificate. 97. Transfer of all the land comprised in a certificate. 98. Transferee of land subject to mortgage to indemnify transferor. 99. Creation of easements. 100. Memorial of easements to be registered. Leases and subleases . 101. Leases of land. 102. Covenants to be implied in every lease against the lessee. 103. Powers to be implied in lessor. 104. Short forms of covenants by lessees. 105. Covenant to be implied on transfer of lease. 106. Recovery of possession by lessors to be entered in Register Book. 107.

of covenants by lessees. 105. Covenant to be implied on transfer of lease. 106. Recovery of possession by lessors to be entered in Register Book. 107.

Mortgagee of interest of bankrupt lessee may apply to be entered as transferee of the lease and on default lessor may apply. 108. Lease may be surrendered by endorsement. 109. Lessee may sublet. 110. Endorsement on sublease. 111. Sublease to be kept in a separate register. 112. Provisions as to leases to apply to subleases. 113. Covenants to be implied in sublease. 114. Determination of lease or sublease by re-entry to be entered in Register Book or Sublease Register. Mortgages . 115.-129. [Repealed]. Miscellaneous . 130. Consent under the Land Transfer Act. 131. Restriction on dealing with official estates. 132. Seal of corporation substituted for signature. 133. Implied covenants and powers may be modified or negatived. 134. Succession on death. 135. Sale under decree of execution. 136. Purchaser from registered proprietor not to be affected by notice. 137. Powers of lessees under other legislation not extended. 138. Registration of unascertained portions of mailo, etc. land. PART VII CAVEATS. 139. Caveat may be lodged and withdrawn. 140. Notice of caveat to be given; lapse of caveat, etc. 141. No entry to be made in Register Book while caveat continues in force. 142.

nd withdrawn. 140. Notice of caveat to be given; lapse of caveat, etc. 141. No entry to be made in Register Book while caveat continues in force. 142.

Compensation for lodging caveat without reasonable cause. 143. Memo of caveat to be entered in Register Book, etc. 144. Caveat on behalf of a beneficiary under a will, etc. need not be removed to admit registration of certain dealings. 145. Removal of caveat no longer affecting lands. PART VIII POWER OF ATTORNEY AND ATTESTATION OF INSTRUMENTS. 146. Power of attorney and revocation of the power of attorney. 147. Attestation of instruments and powers of attorney. 148. Signatures to be in Latin character. PART IX SURVEYS, PLANS AND BOUNDARIES. 149. Registrar may require survey of land. 150. Surveys to be authenticated. 151. Registrar may disregard minor errors. 152. Proprietor subdividing to deposit plan if required. 153. Number of allotment on plan of subdivision sufficient description for purposes of dealing. 154. Abuttals may be used in description of land in certificate. 155. Objects which may constitute abuttals. PART X RECTIFICATION OF TITLES. 156. Proprietor may apply for amendment to make boundaries coincide with land occupied under title. 157. Proprietor may apply to have other titles amended where inconsistent. 158. Form of application. 159. How application to be dealt with.

der title. 157. Proprietor may apply to have other titles amended where inconsistent. 158. Form of application. 159. How application to be dealt with.

160. Special notice to be given to other proprietors. 161. Person objecting to application being granted may lodge caveat. 162. Application may be granted although other titles may be affected. 163. On granting application other title may be rectified. 164. Issue of amended or substituted certificate on rectification. PART XI SPECIAL POWERS OF THE HIGH COURT AND REGISTRAR. 165. Power to require explanation and production of documents. 166. Registrar to carry out order vesting trust estate. 167. Power of registrar to make a vesting order in cases of completed purchase. 168. Removal of incumbrances. 169. Satisfaction of judgment may be entered before the expiration of period. 170. Powers of registrar. 171. Fees. 172. Additional fees for assurance of title in certain cases. 173. Rejection of defective instrument or document. 174. Power to state a case for the High Court. PART XII ACTIONS AND OTHER REMEDIES. 175. Officers not to be liable for acts done bona fide . 176. Registered proprietor protected against ejectment except in certain cases. 177. Powers of High Court to direct cancellation of certificate or entry in certain cases. 178. Compensation of party deprived of land. 179.

in cases. 177. Powers of High Court to direct cancellation of certificate or entry in certain cases. 178. Compensation of party deprived of land. 179.

Monies paid by the Government may be recovered. 180. Government not liable in certain cases. 181. Purchasers protected. 182. Proprietor, etc. may summon registrar to show cause if dissatisfied. 183. Actions for recovery of damages may be brought against the Government. 184. Persons sustaining loss by inaccuracy in Government survey may recover damages. 185. Persons sustaining loss may recover damages. 186. Person claiming may before action brought apply to registrar for compensation. 187. Limitation of actions. 188. Ordinary rules of procedure and rights of appeal to apply. 189. High Court may refer questions to other courts. PART XIII OFFENCES AND PENALTIES. 190. Certain fraudulent acts to be offences. PART XIV MISCELLANEOUS. 191. Change of address. 192. Registration of survivor of joint proprietors. 193. Proprietors and transferees to stand in the places of previous owners. 194. Proprietor to allow his or her name to be used by person interested. 195. Legal practitioners tendering documents to be practising advocates of Uganda. 196. Registrar to give receipt for documents lodged. 197. Official receiver or trustee of bankrupt entitled to be registered. 198.

dvocates of Uganda. 196. Registrar to give receipt for documents lodged. 197. Official receiver or trustee of bankrupt entitled to be registered. 198.

Until official receiver or trustee registered, bankruptcy of proprietor not to affect dealings. 199. Conditions of sale in Twenty-first Schedule may be adopted by reference. 200. Forms may be modified. 201. Searches and certified copies. 202. Service of notices. 203. Rules. First Schedule Forms for bringing land under the operation of the Act. Second Schedule Application to Bring under the Operation of the Registration of the Titles Act Land Registered under the Registration of Land, Titles Ordinance, 1908. Third Schedule Forms. Fourth Schedule Caveat forbidding land to be brought under the Act. Fifth Schedule Creation of rights of carriage way. Sixth Schedule Application for vesting order. Seventh Schedule Transfer of land, mortgage or charge. Eighth Schedule Lease by owner in fee simple. Ninth Schedule Covenants in leases. Tenth Schedule Sublease. Eleventh Schedule [Repealed]. Twelfth Schedule [Repealed]. Thirteenth Schedule [Repealed]. Fourteenth Schedule Forms of transfers. Fifteenth Schedule Caveat forbidding registration of change in proprietorship or dealing with estate or interest. Sixteenth Schedule Power of attorney. Seventeenth Schedule Certificate of officer, etc.

f change in proprietorship or dealing with estate or interest. Sixteenth Schedule Power of attorney. Seventeenth Schedule Certificate of officer, etc.

taking declaration of attesting witness. Eighteenth Schedule Certificate of attesting witness. Nineteenth Schedule Applications to Amend Certificate and Rectify Register. Twentieth Schedule Summons. Twenty-first Schedule Table A: General conditions of sale. Twenty-second Schedule Fees. CHAPTER 230 REGISTRATION OF TITLES ACT. Commencement : 1 May, 1924. An Act relating to the transfer of land and registration of titles. PART I PRELIMINARY. 1. Interpretation.

OF TITLES ACT. Commencement : 1 May, 1924. An Act relating to the transfer of land and registration of titles. PART I PRELIMINARY. 1. Interpretation.

In this Act, unless inconsistent with the context or subject matter— ( a ) "addition" means the description as to residence and profession, trade or occupation of any person; ( b ) "bankruptcy" includes liquidation of a company, and terms applicable to bankruptcy include terms applicable to the liquidation of a company; ( c ) "certificate of title" or "certificate" means a certificate of title issued by the registrar under this Act; ( d ) "Commissioner" means the Commissioner for Land Registration appointed under the provisions of section 4 of the Registration of Titles Act, and includes Assistant Commissioner, Principal Registrar of Titles, Senior Registrar of Titles, Registrar of Titles or District Registrar of Titles so appointed to the extent that he or she has been authorised to exercise or perform any power or duty conferred or imposed by this Act upon the Commissioner; ( d ) "endorsed" includes anything written upon or in the margin or at the foot of any document; ( e ) "final mailo certificate" means a certificate by which the title of an African of Uganda to land is finally recognised; ( f ) "grant" means the grant by or on behalf of the Government of Uganda or a controlling authority under the Public Lands Act of land whether in fee or for years; ( g ) "incumbrances" includes all prior estates, interests, rights, claims and demands which can or may be had, made or set up in, to, upon, or in respect of, the land; ( h ) "instrument" includes any document in pursuance of which an entry is made in the register; ( i ) "land" includes messuages, tenements and hereditaments corporeal or incorporeal; and in every certificate of title, transfer and lease issued or made under this Act, "land" also includes all easements and appurtenances appertaining to the land described therein or reputed to be part of that land or appurtenant to it; ( j ) "letters of administration" includes, in the case of the estate of a deceased African of Uganda, a certificate of succession or other document from a competent authority declaring the right of any person to deal with that estate, and "administrator" includes that person; ( k ) "limited certificate" means a certificate limited as to parcels registered under section 39; ( l ) "proprietor" means the owner whether in possession, remainder, reversion or otherwise of land or of a lease or mortgage whose name appears or is entered as the proprietor of that land or lease or mortgage in the Register Book; "proprietor" also includes the donee of a power to appoint or dispose of that land or lease or mortgage; ( m ) "registrar" means the registrar of titles appointed under section 3 and includes the deputy registrar of titles so appointed and any assistant registrar of titles or land registry assistant so appointed to the extent that he or she has been authorised to exercise or perform any power or duty conferred or imposed by this Act upon the registrar of titles; ( n ) "settlement" means any document under or by virtue of which any land is so limited as to create partial or limited estates or interests; ( o ) "surveyed" means surveyed, demarcated and delineated upon a map or plan to the satisfaction of the commissioner of lands and surveys.

interests; ( o ) "surveyed" means surveyed, demarcated and delineated upon a map or plan to the satisfaction of the commissioner of lands and surveys.

2. Conflicting laws. (1) Except so far as is expressly enacted to the contrary, no Act or rule so far as inconsistent with this Act shall apply or be deemed to apply to land whether freehold or leasehold which is under the operation of this Act. (2) This Act shall not be construed as limiting or abridging the provisions of any law for the time being in force in Uganda relating specially to the property of married women. PART II OFFICERS. 3. Appointment of officers. (1) A Commissioner for Land Registration shall be appointed to have charge and control of the Office of Titles and to exercise the powers and perform the duties conferred or imposed upon the Commissioner for Land Registration by this or any other Act. (2) There may be appointed Assistant Commissioners for Land Registration and such Registrars of Titles as may be required for the purposes of this Act. (3) The Commissioner may delegate any of his or her powers or duties under the provisions of this Act and may at any time revoke or vary such delegation; but such delegation shall not be deemed to divest the Commissioner of any of his or her powers and duties.

at any time revoke or vary such delegation; but such delegation shall not be deemed to divest the Commissioner of any of his or her powers and duties.

(4) The appointments referred to in subsections (1) and (2) of this section shall be made in accordance with the provisions of any written law relating to the appointment of persons to the public service. (5) Any action taken or done by the Commissioner from 1987 up to the commencement of this section in exercise of the functions conferred upon the Registrar of Titles under this Act or any other written law, is hereby validated. (6) Any reference to the Registrar of Titles in this Act or any other written law shall, mutatis mutandis , be a reference to the Commissioner. 4. Signature to be judicially noticed. All courts, judges and persons acting judicially shall take judicial notice of the signature of the registrar. 5. Seal of office. The registrar shall cause to be kept a seal bearing the impression of the armorial ensigns of Uganda and having inscribed in the margin of the seal the words "Office of Titles, Uganda"; and all certificates of title and other documents purporting to be sealed with such seal and to be signed by the registrar or by a deputy or assistant registrar shall be admissible as evidence without further proof. 6. Appointment of sworn valuers.

signed by the registrar or by a deputy or assistant registrar shall be admissible as evidence without further proof. 6. Appointment of sworn valuers.

(1) The Minister may appoint persons to be sworn valuers under this Act and at pleasure annul the appointment of any such person. (2) Every person appointed under subsection (1) shall within 14 days from his or her appointment and before making any valuation under this Act take the following oath before a judge of the High Court or such other person as the Minister may appoint— "I, ...................., ( name ) do solemnly swear that I will faithfully and honestly and to the best of my skill and ability make any valuation required of me under the provisions of the Registration of Titles Act. So help me God." or make the following solemn affirmation before a judge of the High Court or such other person as the Minister may appoint— "I, ...................., ( name ) do solemnly, sincerely and truly declare and affirm that I will faithfully and honestly and to the best of my skill and ability make any valuation required of me under the provisions of the Registration of Titles Act.". PART III BRINGING LAND UNDER THE ACT. 7. Future grants and final mailo certificates to be registered.

provisions of the Registration of Titles Act.". PART III BRINGING LAND UNDER THE ACT. 7. Future grants and final mailo certificates to be registered.

(1) The grants in fee or for years of all surveyed public lands remaining unalienated and all final mailo certificates which have not been issued prior to the commencement of this Act shall be in duplicate and in addition to proper words of description shall refer to a plan of the land, and shall be delivered to the registrar, who on payment of the fee, if any, in respect of the assurance of title shall register the grant or final mailo certificate in the manner hereafter directed. (2) Registration under subsection (1) shall be deemed and taken to be an enrollment of record of the grant or certificate, and that enrollment shall relate back to the day of the date of the grant or final mailo certificate, and either part of the grant or final mailo certificate when registered under this Act shall be sufficient evidence of a duly enrolled grant or final mailo certificate of the land described in it to or in favour of the person named in it made or issued on the day of the date thereof.

grant or final mailo certificate of the land described in it to or in favour of the person named in it made or issued on the day of the date thereof.

(3) All land included in any final mailo certificate whenever issued shall after the commencement of this Act be subject to the operation of this Act and shall be deemed to have been registered under it, and no application to bring such land under the operation of this Act shall be necessary. (4) In subsection (1)— ( a ) "grants in fee" includes any notice issued under rule 16 of the Crown Lands (Adjudication) Rules, and any instrument or notice declared in any rules made under the Public Lands Act to be a grant in fee for the purposes of that subsection; ( b ) "grants for years" includes any lease granted by an urban authority under the Public Lands Act, and any instrument or notice declared in any rules made under that Act to be a grant for years for the purposes of that subsection. 8. Grants for public purposes. At the time of the registration of every grant in fee to two or more persons in joint tenancy for any public purpose, the registrar shall endorse on it and on every subsequent certificate of title the words "no survivorship" and shall sign his or her name thereto. 9. Lands alienated before the Registration of Land Titles Ordinance, 1908.

f title the words "no survivorship" and shall sign his or her name thereto. 9. Lands alienated before the Registration of Land Titles Ordinance, 1908.

(1) All documents relating to land which was alienated in fee or for years by or on behalf of the Crown before the commencement of the Registration of Land Titles Ordinance, 1908, shall immediately on the commencement of this Act be collected from the district offices and lodged for custody in the office of titles, and the following procedure shall be adopted with regard to that land. (2) Where after the commencement of this Act an instrument affecting land referred to in subsection (1) or any interest in that land is presented for registration, the registrar shall proceed to bring the whole of that land under the operation of this Act in the same manner as hereafter prescribed on an application to bring that land under the Act; but if any such land has not been surveyed, the registrar may call upon the person entitled to a certificate of title under this Act to have that land surveyed.

such land has not been surveyed, the registrar may call upon the person entitled to a certificate of title under this Act to have that land surveyed.

(3) All land within the meaning of this section may be brought under the operation of this Act on an application in Form I of the First Schedule to this Act, which application may be made by any of the following persons— ( a ) the person claiming to be the owner of the fee simple or term of years either at law or in equity; ( b ) persons who collectively claim to be the owners of the fee simple or term of years either at law or in equity; ( c ) persons who have the power of appointing or disposing of the fee simple or term of years; ( d ) the guardian of any infant or the committee of any lunatic or person of unsound mind unable to govern his or her estate so, however, that the application is made on behalf of that infant, lunatic or person and the certificate of title is directed to issue in his or her name.

owever, that the application is made on behalf of that infant, lunatic or person and the certificate of title is directed to issue in his or her name.

(4) Notwithstanding subsection (3)— ( a ) a mortgagor shall not be entitled to make such application unless the mortgagee consents to the application; nor a mortgagee unless in the exercise of his or her power of sale, and unless the certificate of title is directed to issue in the purchaser's name; and ( b ) the attorney of any corporation, howsoever and wheresoever incorporated, whether already constituted or hereafter to be constituted by a power of attorney under a seal purporting to be the common seal of the corporation giving the power may make such application for or on behalf of the corporation of which he or she is the attorney, and may make the requisite declaration to the best of his or her knowledge, information and belief, and may subscribe the application in his or her own name. 10. Application when no dealing has been registered under Cap. 113, 1951 Revision, Ordinance 3 of 1904 or Cap. 81.

application in his or her own name. 10. Application when no dealing has been registered under Cap. 113, 1951 Revision, Ordinance 3 of 1904 or Cap. 81.

If on any such application or dealing as aforesaid it appears to the registrar that no transaction affecting the land has been registered under the Land Regulations, the Registration of Documents Ordinance, 1904, or the Registration of Documents Act, he or she shall bring the land under the operation of this Act forthwith by registering a certificate of title to the land in the form in the Third Schedule to this Act. 11. Application when a dealing has been registered.

h by registering a certificate of title to the land in the form in the Third Schedule to this Act. 11. Application when a dealing has been registered.

If it appears to the registrar that any such transaction as aforesaid has been registered and that all incumbrances affecting the land (excepting such as are hereafter mentioned as not requiring special notification) have been released, or that the owners of the land have consented to the application, or that any incumbrance (not being a mortgage the owner of which has not consented to the application) may be specified in the certificate of title and continue outstanding, the registrar shall publish notice of the application in the Gazette and shall serve the notice on such person or persons as he or she may think fit, and shall appoint a time not less than twenty-eight days nor more than 12 months from the publication of the notice on or after the expiration of which the registrar shall, unless a caveat is lodged forbidding it, bring the land under the operation of this Act. 12. Rejection of application for delay.

the registrar shall, unless a caveat is lodged forbidding it, bring the land under the operation of this Act. 12. Rejection of application for delay.

The registrar may, after giving to the applicant or his or her agent one month's notice in this behalf, reject the application unless the applicant adduces satisfactory proof that he or she is proceeding without unnecessary delay in complying with any requisitions on the title made by the registrar. 13. Notices of application. Upon any application being made to bring land under this Act, or in any such dealing as aforesaid, the registrar shall serve the notice thereof mentioned in section 11 on all persons appearing on the register to have a then subsisting estate or interest in the land. 14. Person claiming title by possession to post notice of application on land.

the register to have a then subsisting estate or interest in the land. 14. Person claiming title by possession to post notice of application on land.

On any application to bring land under this Act on a title claimed by possession, the applicant shall post on the land the subject of the application or at such place as the registrar directs a notice in the form of Form II of the First Schedule to this Act, either accurately describing or necessarily including the land claimed by possession, and shall keep that notice so posted for not less than twenty-one days prior to the granting of the application; and the registrar may refuse to issue the certificate until it has been proved to his or her satisfaction that the requirements of this section have been complied with. 15. Land to be brought under the Act unless caveat received. If before the registration of the certificate the registrar has not received a caveat forbidding the registration, he or she shall bring the land under this Act by registering in the name of the applicant or in the name of such person as has been directed in that behalf a certificate of title to the land in the form in the Third Schedule to this Act. 16. Land occupied may be brought under the Act by a different description from that in the title.

land in the form in the Third Schedule to this Act. 16. Land occupied may be brought under the Act by a different description from that in the title.

On any application to bring land under this Act in which the land actually and bona fide occupied by the applicant differs in boundaries, area or position from the land described in his or her muniments of title, he or she may apply to bring under this Act the land so occupied; and in any such case the applicant shall state in his or her application in addition to the other particulars required by this Act that the land as occupied by him or her and as to which he or she applies for a certificate is not correctly described in the muniments of title lodged in support of the application, and shall specify to the best of his or her knowledge and belief the reasons for the discrepancy between the land as occupied and the land as described in the muniments of title. 17. Application to bring land under the Act may be granted as to land occupied under but not described in the title deeds.

in the muniments of title. 17. Application to bring land under the Act may be granted as to land occupied under but not described in the title deeds.

On any application to bring land under this Act by a description different from that in the muniments of title, the registrar may grant the application as to the land in the occupation of the applicant if the discrepancy between the land as occupied and as described in the muniments appears to be due to the inaccuracy of any survey or plan or description on the sale of the land by the Government of Uganda or controlling authority or on any subsequent dealing therewith, or to any discrepancy between the actual measurements or bearings at any time made or marked on the ground and those represented or mentioned in any plan or description. 18. In case of error in Government survey, title may correspond to actual dimensions.

d and those represented or mentioned in any plan or description. 18. In case of error in Government survey, title may correspond to actual dimensions.

If the land included in any application to bring land under this Act consists of an estate or plot surveyed by the Government and it is found by survey or otherwise that by reason of erroneous measurements in the original Government survey the actual dimensions of the estate or plot as marked on the ground exceed or fall short of the dimensions given in the grant of the land, the registrar may issue a certificate in respect of that land as if the dimensions marked on the ground had been the dimensions given in the grant. 19. Excess of land may be apportioned between different owners or proprietors.

nsions marked on the ground had been the dimensions given in the grant. 19. Excess of land may be apportioned between different owners or proprietors.

Where a block or section of public land has been subdivided into plots or portions of equal area and by reason of erroneous measurements in the original survey the area of the block or section as marked on the ground exceeds the sum of the areas of all the plots or portions as shown by any plan or description used at the sale or by any grant or certificate of title of any such plot or portion, the total excess of area of the block or section shall be deemed originally distributable among the plots or portions equally; and if the area of the land included in any application to bring land under this Act is in the applicant's possession and was in that applicant's possession or in the possession of those through whom he or she claims for over 12 years previous to the application and does not exceed the area obtained by dividing the area of the block or section as shown on the ground by the number of original plots or portions, the registrar may without ascertaining the dimensions of the other plots or portions and without the consent of the owner or owners of those plots or portions issue a certificate in respect of the land included in that application as if the whole of it had been included by measurements and boundaries in the original grant or certificate of title of that plot or portion.

lication as if the whole of it had been included by measurements and boundaries in the original grant or certificate of title of that plot or portion.

20. Parties interested may lodge caveat. (1) Any person claiming any estate or interest in the land described in any notice issued by the registrar under this Act may, before the registration of the certificate, lodge a caveat with the registrar in the form in the Fourth Schedule to this Act forbidding the bringing of that land under this Act. (2) Every caveat lodged under subsection (1) shall be signed by the caveator or by his or her agent, and shall particularise the estate or interest claimed; and the person lodging the caveat shall, if required by the registrar, support the caveat by a statutory declaration stating the nature of the title under which the claim is made, and also deliver a perfect abstract of the title to that estate or interest. (3) No caveat under this section shall be received unless some address or place in which a post office is situated shall be appointed in it as the place at which notices and proceedings relating to the caveat may be served. 21. Proceedings suspended if caveat received.

l be appointed in it as the place at which notices and proceedings relating to the caveat may be served. 21. Proceedings suspended if caveat received.

(1) The registrar upon receipt of a caveat lodged under section 20 shall notify the applicant of the caveat, and shall suspend proceedings in the matter until the caveat has been withdrawn or has lapsed as provided in section 22 or 24 or until an order in the matter has been obtained from the High Court. (2) The applicant may, if he or she thinks fit, summon the caveator to attend before the High Court to show cause why the caveat should not be removed, and the High Court may, upon proof that the caveator has been summoned, make such order in the premises either ex parte or otherwise and as to costs as to it seems fit. 22. Caveat to lapse unless proceedings taken within one month.

order in the premises either ex parte or otherwise and as to costs as to it seems fit. 22. Caveat to lapse unless proceedings taken within one month.

(1) After the expiration of one month from the receipt of a caveat that caveat shall be deemed to have lapsed, unless the person by whom or on whose behalf it was lodged within that time has taken proceedings in a court of competent jurisdiction to establish his or her title to the estate or interest specified in the caveat, and has given written notice of the proceedings to the registrar, or has obtained and served on the registrar an injunction or order of the High Court restraining him or her from bringing the land under this Act. (2) A caveat shall not be renewed by or on behalf of the same person in respect of the same estate or interest. 23. Production of title deeds in support of an application to bring land under the Act. After an application has been made to have any land brought under the operation of this Act, the registrar may require all persons having in their possession or custody any deeds, instruments or evidences of title relating to or affecting the land the subject of that application to produce them at the office of titles for his or her inspection. 24. Applicant may withdraw application.

ng the land the subject of that application to produce them at the office of titles for his or her inspection. 24. Applicant may withdraw application.

An applicant may withdraw his or her application at any time prior to the registration of the certificate; and the registrar shall in that case return to the applicant or to the person appearing by the application to be entitled to them all muniments of title lodged in support of the application; but in that case, if a caveator has been put to expense without sufficient cause by reason of the application, he or she shall be entitled to receive from the applicant such compensation as a judge of the High Court on a summons in chambers deems just and orders. 25. Endorsement of prior title deeds.

rom the applicant such compensation as a judge of the High Court on a summons in chambers deems just and orders. 25. Endorsement of prior title deeds.

(1) Upon registering a certificate of title, the registrar shall endorse and sign upon the last in date of those documents registered under the Land Regulations, the Registration of Documents Ordinance, 1904, or the Registration of Documents Act, as shall have been lodged in support of the application a memorandum that land included in that document has been brought under this Act without specifying the land or referring to the certificate in which the land brought under this Act is included and shall forward a copy of the memorandum to the registrar of documents who shall thereupon endorse and sign a like memorandum on the registered copy of the document; and if the documents lodged relate to any property other than the land included in the certificate, the registrar shall return them to the applicant or to the person appearing by the applicant to be entitled to them; otherwise the registrar shall stamp each of them as cancelled and after he or she has so stamped them shall retain them in the office; and no person shall be entitled to an inspection of the documents or to have any copy of them or extract from them without the written order of the applicant or of some person claiming through or under him or her or upon the order of the High Court.

tract from them without the written order of the applicant or of some person claiming through or under him or her or upon the order of the High Court.

(2) No action shall be brought upon any covenant or agreement for the production of the documents which are retained under subsection (1) or upon any agreement to give or enter into a covenant for the production of those documents; and if any such action is commenced, it shall be a sufficient answer to it that the documents are retained under this Act. 26. Subsisting lease to be endorsed and returned. Where any subsisting lease has been lodged, the registrar shall, after he or she has endorsed it as provided in section 25 in the case of the last in date of material registered documents, return the lease to the person lodging it upon the applicant lodging with the registrar a certified copy of the lease. 27. Record book to be kept of documents. (1) The registrar shall keep a book to be called the "Record Book" in which shall be kept a record of all deeds and documents produced and used in support of each application to bring land under this Act which hereafter is granted.

be kept a record of all deeds and documents produced and used in support of each application to bring land under this Act which hereafter is granted.

(2) The record referred to in subsection (1) shall state briefly the nature and date of and parties to every such deed or document, by whom executed or signed, and whether registered under the Land Regulations, the Registration of Documents Ordinance, 1904, or the Registration of Documents Act, or not, and if registered the date of the registration; and the Record Book shall be open for inspection by the public during the hours and days of business on payment of the prescribed fee. 28. Certificate of title to issue in name of deceased applicant or his or her nominee. In case the applicant or the person in whose name the applicant has requested that the certificate of title shall be issued dies between the application and the registration of the certificate, it shall be registered in the name of that applicant or of that person, as the case may be, and the land shall devolve or pass in like manner as if the certificate had been registered prior to the death of that applicant or person. 29. Application to bring under the Act land registered under Ordinance 11 of 1908.

had been registered prior to the death of that applicant or person. 29. Application to bring under the Act land registered under Ordinance 11 of 1908.

Any person in whose name any land is registered under the Registration of Land Titles Ordinance, 1908, may make an application in the form in the Second Schedule to this Act to the registrar to bring that land under this Act. 30. Procedure. Upon receipt of any application under section 29, the registrar shall— ( a ) bring the land under this Act by registering in the name or names of such person or persons as may be entitled to it a certificate or certificates of title to the land in the form in the Third Schedule to this Act; ( b ) record at the foot of the certificate or certificates all incumbrances registered under the Registration of Land Titles Ordinance, 1908, and subsisting at the date of the registration of the certificate or certificates; ( c ) endorse the original and duplicate certificate of title under the Registration of Land Titles Ordinance, 1908, as follows: "Cancelled. Land brought under the operation of the Registration of Titles Act, Vol......................, Fol. ............ " and the date, and initial the certificates and endorse the original and duplicate grant as follows: "Land brought under the operation of the Registration of Titles Act, Vol.

al the certificates and endorse the original and duplicate grant as follows: "Land brought under the operation of the Registration of Titles Act, Vol.

.............. Fol. .............. " and the date, and initial the grants and on request return the duplicate documents so endorsed to the applicant. 31. Effect of lodgment of instrument affecting land registered under Ordinance 11 of 1908. Where, after the commencement of this Act, an instrument affecting land or any interest in land, the title to which is registered under the Registration of Land Titles Ordinance, 1908, is presented for registration, that instrument shall have the same effect and shall be treated in the same manner as an application under section 29 as to the whole of the land comprised in the title affected, and upon the receipt of any such instrument the registrar shall— ( a ) register the instrument in the proper folium of the register of titles kept under the Registration of Land Titles Ordinance, 1908; ( b ) proceed as directed in section 30. 32. Closing of 1908 register. (1) When land has been brought under this Act in accordance with section 30 or 31, the register kept under the Registration of Land Titles Ordinance, 1908, shall be closed so far as concerns that land, and there shall be no further registration in respect of the land in that register.

les Ordinance, 1908, shall be closed so far as concerns that land, and there shall be no further registration in respect of the land in that register.

(2) Land shall be deemed to have been brought under this Act as from the date on which the certificate of title with respect to the land shall have been signed by the registrar. 33. Fees. The fees payable for the registration of an instrument under section 31 shall be the same as would be payable for the registration of a like instrument under the Registration of Land Titles Ordinance, 1908, and in respect of the bringing of land under this Act in accordance with section 30 or 31 of this Act the fees specified in the Twenty-second Schedule to this Act shall be payable. 34. Fee for assurance of title.

dance with section 30 or 31 of this Act the fees specified in the Twenty-second Schedule to this Act shall be payable. 34. Fee for assurance of title.

(1) Upon first bringing land under the operation of this Act whether on a grant or consequent upon an application or dealing as hereinbefore provided, there shall be paid to the registrar as a fee in respect of the assurance of title the sum specified in that behalf in the Twenty-second Schedule to this Act; and in the case of freeholds brought under this Act upon a grant, the value of the freehold for the purpose of ascertaining that sum shall be deemed to be the price paid for the land; and in the case of leaseholds brought under this Act upon a grant, the value shall be deemed to be twenty times the annual rent reserved; and in other cases the value shall be ascertained by the statutory declaration of the applicant. (2) If the registrar is not satisfied of the correctness of the value sworn to under subsection (1), he or she may require the applicant to produce a certificate of the value under the hand of a sworn valuer, which certificate shall be received as conclusive evidence of the value.

icant to produce a certificate of the value under the hand of a sworn valuer, which certificate shall be received as conclusive evidence of the value.

(3) Nothing in this section shall apply to any land included in a final mailo certificate whenever issued, unless prior to the application to bring that land under the operation of this Act it has been transferred to a person not an African of Uganda. 35. Additional assurance fee in case of imperfect title. (1) Notwithstanding anything hereinbefore contained, the registrar may, after the publication at the applicant's expense of such advertisements as he or she deems fit, bring any land under the operation of this Act upon the applicant paying as an additional fee in respect of assurance of title a sum of money equal to 5 percent of the total value of the land as an indemnity by reason of the non-production of any document affecting the title or of the imperfect nature of the evidence of title, or against any uncertain or doubtful claim or demand arising upon the title. (2) Where the registrar is not satisfied that sufficient evidence of title to any land has been produced, he or she may refuse to bring that land under the operation of this Act. 36. Registration of leaseholds.

dence of title to any land has been produced, he or she may refuse to bring that land under the operation of this Act. 36. Registration of leaseholds.

(1) Any lease of freehold or mailo land registered under this Act of which not less than 10 years are unexpired may be brought under the operation of this Act as near as may be in the manner and subject to the provisions of this Act relating to lands alienated before the Registration of Land Titles Ordinance, 1908, and the provisions of this Act shall, with such adaptations as may be necessary, extend and apply accordingly. (2) Every certificate of title to leasehold land shall be subject to the rights and powers of the lessor or other proprietor of the reversion immediately expectant upon the term. (3) Any certificate of title to a lease granted by a registered proprietor of freehold or mailo land which has, prior to the 9th August, 1962, been issued by the office of titles shall be deemed to have been validly issued in accordance with this Act. PART IV CERTIFICATES OF TITLE AND REGISTRATION. 37. Register Book.

of titles shall be deemed to have been validly issued in accordance with this Act. PART IV CERTIFICATES OF TITLE AND REGISTRATION. 37. Register Book.

(1) The registrar shall keep a book, to be called the "Register Book" and shall register in it certificates of title, and shall enter in such manner as to preserve their priorities the particulars of all dealings and matters affecting the land by this Act required to be registered or entered. (2) The registrar may— ( a ) keep the Register Book, or any part of it, in such loose-leaf or other form as he or she may consider appropriate; ( b ) keep the Register Book in parts, each relating to a district, county, subcounty or other convenient area. (3) Every person whose name is entered in the Register Book as proprietor of any land, or any interest in land, or as a caveator, or as entitled to receive any notice, or in any other capacity, shall furnish to the registrar a place of address in Uganda. 38. Certificates of title. (1) Certificates of title shall be in one of the forms in the Third Schedule to this Act and shall be in duplicate. (2) One of the certificates shall be registered in the Register Book, and the other original (hereafter called the duplicate) shall be issued to the person entitled to it.

icates shall be registered in the Register Book, and the other original (hereafter called the duplicate) shall be issued to the person entitled to it.

(3) Each certificate of title shall constitute a separate folium of the Register Book. (4) Whenever it shall appear expedient to the registrar, he or she may cancel the certificate of title registered in the Register Book and may register a certificate of title in any of the forms prescribed under this Act in lieu of that certificate, but the registrar shall not issue any such new certificate until the duplicate of the certificate cancelled under this subsection is in his or her hands. (5) Where the Register Book is kept in parts under section 37(2)( b ), the registrar shall— ( a ) file each certificate in the appropriate part of the Register Book, by reference to the location of the land in respect of which the certificate is registered; and ( b ) enter upon the certificate a reference to the block and plot number of the land in respect of which the certificate is registered, as shown on a plan approved by the commissioner of lands and surveys.

k and plot number of the land in respect of which the certificate is registered, as shown on a plan approved by the commissioner of lands and surveys.

(6) Where the registrar has entered upon a certificate a reference to the block and plot number under subsection (5), references in this Act to a volume or folium of the Register Book shall be construed as references to that block or plot number, as the case may be. 39. Issue of limited certificates. Where the registrar deems it necessary or expedient to do so, he or she may, after the 1st"> November, 1958, in respect of any land for which no certificate of title has previously been registered and of which no survey plan has been deposited, with the consent of the commissioner of lands and surveys, register a certificate in any of the prescribed forms which is endorsed with the words "Limited as to Parcels". 40. Removal of limitation as to parcels.

gister a certificate in any of the prescribed forms which is endorsed with the words "Limited as to Parcels". 40. Removal of limitation as to parcels.

On payment of the prescribed fee, the registrar may remove the limitation as to parcels from a limited certificate or may register an ordinary certificate in lieu of the limited certificate, but he or she shall not be bound to do so until— ( a ) he or she is satisfied by the deposit of a survey plan and of such other evidence as he or she may deem necessary, that no part of the land to which the limited certificate relates is held in occupation adverse to the title of its proprietor; and ( b ) he or she has given to the persons appearing to him or her to be the proprietors of adjoining land such notice as he or she deems necessary of his or her intention to remove the limitation, and until the expiration of that notice. 41. Ordinary certificate not to be registered until limitation removed. Except as otherwise provided in this Act, so long as a certificate continues to be limited as to parcels, no new certificate, other than a limited certificate, shall be registered in substitution for it, or for any part of the land comprised in it, unless in the latter case the limitation as to parcels does not affect the part of the land for which the new certificate is sought to be registered.

unless in the latter case the limitation as to parcels does not affect the part of the land for which the new certificate is sought to be registered.

42. Application of Act to limited certificate. Except as otherwise provided in this Act, all the provisions of this Act shall, so far as the circumstances of the case will admit, apply with respect to land comprised in a limited certificate and to the registration of instruments and other matters affecting the land. 43. No action against Government in certain cases. No action for the recovery of damages shall lie against the Government by the proprietor of land comprised in any limited certificate or by any other person by reason of any error or omission in the description of the parcel of land comprised in that certificate. 44. Area of land need not be mentioned in certificate. It shall not be necessary to mention the area of any parcel of land included in a certificate where the area of the parcel is less than one acre, and the omission to refer to the area of the land comprised in a certificate shall not in any case invalidate the certificate. 45. Receipts may be required for duplicate certificates. On the delivery of any duplicate certificate of title, a receipt for it in the handwriting of the proprietor may when practicable be required to be signed by him or her. 46.

duplicate certificate of title, a receipt for it in the handwriting of the proprietor may when practicable be required to be signed by him or her. 46.

Effective date of registration; the duly registered proprietor. (1) Subject to section 138(2), every certificate of title shall be deemed and taken to be registered under this Act when the registrar has marked on it— ( a ) the volume and folium of the Register Book in which it is entered; or ( b ) the block and plot number of the land in respect of which that certificate of title is to be registered. (2) Every instrument purporting to affect land or any interest in land, the title to which has been registered under this Act, shall be deemed to be registered when a memorial of the instrument as described in section 51 has been entered in the Register Book upon the folium constituted by the certificate of title. (3) The memorial mentioned in subsection (2) shall be entered as at the time and date on which the instrument to which it relates was received in the office of titles together with the duplicate certificate of title and such other documents or consents as may be necessary, accompanied with the fees payable under this Act.

er with the duplicate certificate of title and such other documents or consents as may be necessary, accompanied with the fees payable under this Act.

(4) The person named in any certificate of title or instrument so registered as the grantee or as the proprietor of or having any estate or interest in or power to appoint or dispose of the land described in the certificate or instrument shall be deemed and taken to be the duly registered proprietor of the land. 47. Registration of transfers of mortgages and transfers or mortgages of leases, etc. On the registration of any transfer of a mortgage and every transfer or mortgage of a lease or sublease, there shall be endorsed on the mortgage, lease or sublease respectively so transferred or mortgaged a memorial of the instrument as described in section 51, and it shall not be necessary to enter that memorial in the Register Book upon the folium constituted by the existing certificate of title. 48. Instruments entitled to priority according to date of registration.

egister Book upon the folium constituted by the existing certificate of title. 48. Instruments entitled to priority according to date of registration.

(1) Every instrument, except a transfer, presented for registration may be in duplicate and shall be registered in the order of and as from the time at which the instrument is produced for that purpose, and instruments purporting to affect the same estate or interest shall, notwithstanding any actual or constructive notice, be entitled to priority as between themselves according to the date of registration and not according to the date of the instrument. (2) Upon the registration of any instrument not in duplicate, the registrar shall file and retain it in the office of titles, and upon the registration of any instrument in duplicate, the registrar shall file one original and shall deliver the other, hereafter called the duplicate, to the person entitled to it. 49. Leases and mortgages may be in triplicate.

one original and shall deliver the other, hereafter called the duplicate, to the person entitled to it. 49. Leases and mortgages may be in triplicate.

Any lease or mortgage presented for registration may be in triplicate, and upon the registration of that lease or mortgage as provided by section 48 the parts not retained shall be delivered to the person presenting the lease or mortgage for registration; but in every case of registration in triplicate, the word "triplicate" shall be endorsed upon each instrument and initialled by the registrar and the words "lessor's part" shall be similarly endorsed and initialled upon one and the words "lessee's part" upon the other of the two leases returned, and the words "mortgagor's part" shall be similarly endorsed and initialled upon one and the words "mortgagee's part" upon the other of the two mortgages returned. 50. No notice of trusts to be entered in Register Book.

ialled upon one and the words "mortgagee's part" upon the other of the two mortgages returned. 50. No notice of trusts to be entered in Register Book.

The registrar shall not enter in the Register Book notice of any trust whether express, implied or constructive; but trusts may be declared by any document, and a duplicate or an attested copy of the document may be deposited with the registrar for safe custody and reference; and the registrar, should it appear to him or her expedient to do so, may protect in any way he or she deems advisable the rights of the persons for the time being beneficially interested thereunder or thereby required to give any consent; but the rights incident to any proprietorship or any instrument dealing or matter registered under this Act shall not be affected in any manner by the deposit of the duplicate or copy nor shall the duplicate or copy be registered. 51. Memorial defined. Every memorial entered in the Register Book shall state the nature of the instrument to which it relates, the time of the production of that instrument for registration and the name of the party to whom it is given and shall refer by number or symbol to the instrument, and shall be signed by the registrar. 52. Memorial to be entered on duplicate instrument.

given and shall refer by number or symbol to the instrument, and shall be signed by the registrar. 52. Memorial to be entered on duplicate instrument.

Whenever a memorial of any instrument has been entered in the Register Book, the registrar shall thereupon enter the like memorial on the duplicate certificate of title unless the production of the duplicate is dispensed with as provided in section 69; and he or she shall endorse on every instrument registered a certificate of the entry of the memorial on the folium of the register on which the same is entered and shall authenticate the certificate by signing his or her name to it; and that certificate shall be received in all courts as conclusive evidence that the instrument has been duly registered. 53. Signature of registrar substituted for seal in certain cases.

d in all courts as conclusive evidence that the instrument has been duly registered. 53. Signature of registrar substituted for seal in certain cases.

On the first issue of a certificate of title the seal of the office of titles shall be impressed on the certificate together with the signature of the registrar; and on the entry thereon of every subsequent memorial that memorial shall be signed by the registrar and it shall not be necessary to impress the seal on it; and such certificate and memorial shall be received in all courts as conclusive evidence that the instrument has been registered; and all courts and persons acting judicially shall take judicial notice of the seal and signature and shall presume that the seal was properly impressed and that the signature was properly attached. 54. Instruments not effectual until registered.

e and shall presume that the seal was properly impressed and that the signature was properly attached. 54. Instruments not effectual until registered.

No instrument until registered in the manner herein provided shall be effectual to pass any estate or interest in any land under the operation of this Act or to render the land liable to any mortgage; but upon such registration the estate or interest comprised in the instrument shall pass or, as the case may be, the land shall become liable in the manner and subject to the covenants and conditions set forth and specified in the instrument or by this Act declared to be implied in instruments of a like nature; and, if two or more instruments signed by the same proprietor and purporting to affect the same estate or interest are at the same time presented to the registrar for registration, he or she shall register and endorse that instrument which is presented by the person producing the duplicate certificate of title. 55. Proprietor of land entitled to certificate of title. The proprietor of land under the operation of this Act shall be entitled to receive a certificate of title to it; and, if any certificate is issued to a minor or to a person under any other disability, the registrar shall state the age of the minor or the nature of the disability so far as known to him or her. 56.

a person under any other disability, the registrar shall state the age of the minor or the nature of the disability so far as known to him or her. 56.

Joint tenants and tenants in common. Two or more persons who are registered as joint proprietors of land shall be deemed to be entitled to the land as joint tenants; and in all cases where two or more persons are entitled as tenants in common to undivided shares of or in any land, those persons shall in the absence of any evidence to the contrary be presumed to hold that land in equal shares. 57. Effect of insertion of the words "no survivorship". (1) Upon the transfer of any land and upon t This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article. Home | About Us |--> Terms & Conditions | Privacy Statement | Publishing Services | Contact Us Sitemap --> --> Copyright 2019. Blackhall Publishing. All Rights Reserved. Design and Developed By : Indiafin Technologies Ltd .