Registration of Titles Act
This section provides definitions of terms used in the Act (for example: "addition", "bankruptcy", "certificate of title", "endorsed", "final mailo certificate", "grant", "encumbrances", "instrument", "land", "letters of administration", "limited certificate", "proprietor", "Registrar", "settlement", and "surveyed").
- Jurisdiction
- Uganda
- Instrument
- Act or statute
- Citation
- Chapter 240
- Status
- Repealed
- Version
- Undated source snapshot
- Language
- en
Source attribution: Source: Uganda Legal Information Institute
Statute overview
About this statute
This section provides definitions of terms used in the Act (for example: "addition", "bankruptcy", "certificate of title", "endorsed", "final mailo certificate", "grant", "encumbrances", "instrument", "land", "letters of administration", "limited certificate", "proprietor", "Registrar", "settlement", and "surveyed"). Acts or rules inconsistent with this Act shall not apply to land (freehold or leasehold) under the operation of this Act. A Registrar of Titles shall be appointed to have charge and control of the Office of Titles and to exercise the powers and perform the duties of the Registrar of Titles. All courts, judges and persons acting judicially must take judicial notice of the signature of the Registrar. The Registrar must keep an official seal inscribed "Office of Titles, Uganda"; certificates and other documents sealed with it and signed by the Registrar or Assistant Registrar are admissible as evidence without further proof.
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Legal text
Provisions of Registration of Titles Act
Showing 155 of 155
Part I
Preliminary
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Preliminary - Interpretation
This section provides definitions of terms used in the Act (for example: "addition", "bankruptcy", "certificate of title", "endorsed", "final mailo certificate", "grant", "encumbrances", "instrument", "land", "letters of administration", "limited certificate", "proprietor", "Registrar", "settlement", and "surveyed").
Section Interpretation Section In this Act, unless inconsistent with the context or subject matter— “ addition ” means the description as to residence and profession, trade or occupation of any person; “ bankruptcy ” includes liquidation of a company, and terms applicable to bankruptcy include terms applicable to the liquidation of a company; “ certificate of title ” or “certificate” means a certificate of title issued by the Registrar under this Act; “ endorsed ” includes anything written upon or in the margin or at the foot of any document; “ final mailo certificate ” means a certificate by which the title of an African of Uganda to land is finally recognised; “ 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; “ encumbrances ” 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 ; “ instrument ” includes any document in pursuance of which an entry is made in the register; “ 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; “ 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; “ limited certificate ” means a certificate limited as to parcels registered under section 39 ; “ 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 done of a power to appoint or dispose of that land or lease or mortgage; “ 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 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; “ settlement ” means any document under or by virtue of which any land is so limited as to create partial or limited estates or interests; “ surveyed ” means surveyed, demarcated and delineated upon a map or plan to the satisfaction of the Commissioner Surveys and Mapping. - 2
Preliminary - Conflicting laws
Acts or rules inconsistent with this Act shall not apply to land (freehold or leasehold) under the operation of this Act.
Section Conflicting laws Section 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. 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
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Officers - Appointment of officers
A Registrar of Titles shall be appointed to have charge and control of the Office of Titles and to exercise the powers and perform the duties of the Registrar of Titles.
Section Appointment of officers Section A Registrar of Titles shall be appointed to have the charge and control of the Office of Titles and to exercise the powers and perform the duties conferred or imposed upon the Registrar of Titles by this or any other Act. There may be appointed a deputy registrar of titles and such assistant registrars of titles as may be required for the purposes of this Act. The appointments made under this section shall be made in accordance with any written law relating to the appointment of persons in the public service. - 4
Officers - Signature to be judicially noticed
All courts, judges and persons acting judicially must take judicial notice of the signature of the Registrar.
Section Signature to be judicially noticed Section All courts, judges and persons acting judicially shall take judicial notice of the signature of the Registrar . - 5
Officers - Seal of office
The Registrar must keep an official seal inscribed "Office of Titles, Uganda"; certificates and other documents sealed with it and signed by the Registrar or Assistant Registrar are admissible as evidence without further proof.
Section Seal of office Section 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 Assistant Registrar shall be admissible as evidence without further proof. - 6
Officers - Appointment of sworn valuers
The Minister may appoint and annul sworn valuers; appointed valuers must, within fourteen days and before making any valuation, take an oath or affirmation before a judge or other person the Minister appoints.
Section Appointment of sworn valuers Section The Minister may appoint persons to be sworn valuers under this act and at pleasure annul the appointment of any such person. Every person appointed under subsection (1) shall within fourteen 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 Act
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Bringing land under Act - Application when no dealing has been registered under Cap. 113, 1951 Revision, Ordinance 3 of 1904 or Registration of Documents Act
If the Registrar finds no prior registered transaction affecting the land, the Registrar must immediately bring the land under this Act by registering a certificate of title in the form in Schedule 2.
Section Application when no dealing has been registered under Cap. 113, 1951 Revision, Ordinance 3 of 1904 or Registration of Documents Act Section 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 Schedule 2 to this Act. - 11
Bringing land under Act - Application when dealing has been registered
If the Registrar is satisfied the transaction has been registered and encumbrances released or owners consent, the Registrar must publish and serve notice, appoint a time (between 28 days and 12 months after publication), and on or after that time, unless a caveat forbids it, bring the land under the Act.
Section Application when dealing has been registered Section If it appears to the Registrar that any such transaction as aforesaid has been registered and that all encumbrances 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 encumbrance, 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 twelve 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
Bringing land under Act - Rejection of application for delay
The Registrar may reject an application after giving one months notice unless the applicant proves they are not delaying compliance with requisitions on the title.
Section Rejection of application for delay Section 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
Bringing land under Act - Notices of application
When an application is made to bring land under the Act (or in such a dealing), the Registrar must serve the notice mentioned in section 11 on all persons on the register appearing to have a subsisting estate or interest in the land.
Section Notices of application Section 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 subs estate or interest in the land. - 14
Bringing land under Act - Person claiming title by possession to post notice of application land
An applicant for land under the Act must post a Form II notice on the land (or where the Registrar directs) and keep it posted for at least twenty-one days before the application is granted; the Registrar has power to refuse to issue the certificate until satisfied the section's requirements are met.
Section Person claiming title by possession to post notice of application land Section 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 Schedule 1 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 ofthis section have been complied with. - 15
Bringing land under Act - Land to be brought under Act unless caveat received
If no caveat forbidding registration is received before the certificate is registered, the Registrar must register a certificate of title in the name of the applicant or as directed to bring the land under the Act.
Section Land to be brought under Act unless caveat received Section 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 Schedule 2 to this Act. - 16
Bringing land under Act - Land occupied may be brought under Act by different description from that in title
When land actually occupied by an applicant differs from the land described in their title documents, the applicant must state in the application that the occupied land is not correctly described in the muniments of title and must specify the reasons for the discrepancy.
Section Land occupied may be brought under Act by different description from that in title Section 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
Bringing land under Act - Application to bring land under Act may be granted as to land occupied under but not described in title deeds
The Registrar may grant an application to bring land under the Act for land occupied by the applicant even if the description differs from title muniments when the discrepancy appears due to survey/plan inaccuracies or discrepancies in measurements or bearings.
Section Application to bring land under Act may be granted as to land occupied under but not described in title deeds Section 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
Bringing land under Act - In case of error in Government survey, title may correspond to actual dimensions
If a government survey's measurements are erroneous, the Registrar may issue a certificate treating the ground-marked dimensions as the grant dimensions.
Section In case of error in Government survey, title may correspond to actual dimensions Section 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
Bringing land under Act - Excess of land may be apportioned between different owners or proprietors
The Registrar may issue a certificate for land included in an application when the applicant (or predecessors through whom they claim) has possessed the land for over twelve years and the land’s area does not exceed the area obtained by dividing the block’s ground area by the number of original plots; this can be done without measuring other plots or obtaining their owners’ consent.
Section Excess of land may be apportioned between different owners or proprietors Section 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 twelve 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. - 20
Bringing land under Act - Parties interested may lodge caveat
Parties interested may lodge caveat; a person claiming an estate or interest in land described in a Registrar's notice may, before registration, lodge a caveat in Schedule 3 form.
Section Parties interested may lodge caveat Section A 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 Schedule 3 to this Act forbidding the bringing of that land under this Act. 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. 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 which notices and proceedings relating to the caveat may be served. - 21
Bringing land under Act - Proceedings suspended if caveat received
The Registrar must notify the applicant when a caveat under section 20 is received and must suspend proceedings until the caveat is withdrawn, lapsed as provided in section 22 or 24, or an order is obtained from the High Court; the applicant may summon the caveator to the High Court, and the High Court may make orders including costs.
Section Proceedings suspended if caveat received Section 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. 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
Bringing land under Act - Caveat to lapse unless proceedings taken within one month
A caveat lapses after one month from receipt unless, within that month, the person who lodged it takes proceedings and notifies the Registrar or obtains and serves an injunction or order; the same person may not renew the caveat for the same estate or interest.
Section Caveat to lapse unless proceedings taken within one month Section 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. A caveat shall not be renewed by or on behalf of the same person in respect of the same estate or interest. - 23
Bringing land under Act - Production of title deeds in support of application to bring land under Act
After an application to bring land under the Act, the Registrar may require persons holding any deeds, instruments or evidences of title affecting that land to produce them at the office of titles for inspection.
Section Production of title deeds in support of application to bring land under Act Section 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
Bringing land under Act - Applicant may withdraw application
An applicant may withdraw their application before the certificate is registered; the Registrar must return all supporting muniments of title; and a caveator who was put to expense without sufficient cause may be entitled to compensation ordered by a High Court judge.
Section Applicant may withdraw application Section 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
Bringing land under Act - Endorsement of prior title deeds
When registering a certificate of title, the Registrar must endorse and sign a memorandum stating that the land has been brought under the Act, forward a copy to the Registrar of documents, return or cancel lodged documents depending on whether they relate to other property, and restrict inspection or copying of retained documents without written order.
Section Endorsement of prior title deeds Section 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. 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
Bringing land under Act - Subsisting lease to be endorsed and returned
The Registrar must endorse a lodged subsisting lease as required by section 25 and then return the lease to the person who lodged it once the applicant lodges a certified copy of the lease with the Registrar.
Section Subsisting lease to be endorsed and returned Section 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
Bringing land under Act - Record Book to be kept
The Registrar must keep a Record Book containing records of all deeds and documents produced or used for each application to bring land under the Act that is later granted; the Record Book must be open for public inspection during business hours on payment of the prescribed fee.
Section Record Book to be kept Section 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. 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
Bringing land under Act - Certificate of title to issue in name of deceased applicant or his or her nominee
If the applicant or the person in whose name the applicant requested the certificate dies between the application and the registration, the certificate shall be registered in the name of that applicant or person and the land shall devolve or pass as if the certificate had been registered prior to the death.
Section Certificate of title to issue in name of deceased applicant or his or her nominee Section 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
Bringing land under Act - Application to bring under Act land registered under Ordinance 11 of 1908
A person whose name appears on land registered under the 1908 Registration of Land Titles Ordinance may apply, using the Schedule 4 form, to the Registrar to bring that land under this Act.
Section Application to bring under Act land registered under Ordinance 11 of 1908 Section 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 Schedule 4 to this Act to the Registrar to bring that land under this Act. - 30
Bringing land under Act - Procedure
Upon receipt of an application under section 29 the Registrar must register title, record existing encumbrances, endorse and initial certificates and grants as specified, and return endorsed duplicates on request.
Section Procedure Section Upon receipt of any application under section 29 , the Registrar shall— 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 Schedule 2 to this Act; record at the foot of the certificate or certificates all encumbrances registered under the Registration of Land Titles Ordinance, 1908, and subsisting at the date of the registration of the certificate or certificates; and 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. ________ Fol. ________” and the date, and initial the grants and on request return the duplicate documents so endorsed to the applicant. - 31
Bringing land under Act - Effect of lodgment of instrument affecting land registered under Ordinance 11 of 1908
If, after this Act commences, an instrument affecting land registered under the Registration of Land Titles Ordinance, 1908 is presented for registration, the Registrar must register that instrument in the proper folium of the register of titles and proceed as directed in section 30.
Section Effect of lodgment of instrument affecting land registered under Ordinance 11 of 1908 Section 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— register the instrument in the proper folium of the register of titles kept under the Registration of Land Titles Ordinance, 1908; and proceed as directed in section 30 . - 32
Bringing land under Act - Closing of 1908 register
When land is 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 for that land.
Section Closing of 1908 register Section 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. 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
Bringing land under Act - Fees
Fees for registering an instrument under section 31 are the same as for a like instrument under the Registration of Land Titles Ordinance, 1908; fees for bringing land under this Act under sections 30 or 31 are those specified in Schedule 5.
Section Fees Section 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 Schedule 5 to this Act shall be payable. - 34
Bringing land under Act - Fee for assurance of title
When land is first brought under the Act a fee specified in Schedule 5 must be paid to the Registrar; if the Registrar doubts the sworn value he or she may require a sworn valuer's certificate; the section does not apply to land in a final mailo certificate unless it was transferred before application to a non-African of Uganda.
Section Fee for assurance of title Section 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 Schedule 5 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. 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. 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
Bringing land under Act - Additional assurance fee in case of imperfect title
The Registrar may bring land under the Act after the applicant publishes advertisements and the applicant pays an additional assurance fee equal to five percent of the land's total value; the Registrar may refuse if not satisfied of sufficient title evidence.
Section Additional assurance fee in case of imperfect title Section 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 five 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. 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
Bringing land under Act - Registration of leaseholds
Leases of freehold or mailo land with at least ten years remaining may be brought under this Act; certificates of title to leasehold land remain subject to the lessor’s rights and powers; certain earlier titles issued before 9 August 1962 are deemed valid under this Act.
Section Registration of leaseholds Section Any lease of freehold or mailo land registered under this Act of which not less than ten 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. 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. Any certificate of title to a lease granted by a registered proprietor of freehold or mailo land which has, prior to the 9th day of August, 1962, been issued by the office of titles shall be deemed to have been validly issued in accordance with this Act. - 7
Bringing land under Act - Future grants and final mailo certificates to be registered
Grants and final mailo certificates must be delivered to the Registrar, who must register them on payment of any fee.
Section Future grants and final mailo certificates to be registered Section 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. Registration under subsection (1) shall be deemed and taken to be an enrolment of record of the grant or certificate, and that enrolment 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. 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. - 8
Bringing land under Act - Grants for public purposes
When a grant in fee is registered to two or more persons in joint tenancy for a public purpose, the Registrar must endorse “no survivorship” on the grant and every subsequent certificate of title and must sign their name on it.
Section Grants for public purposes Section 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
Bringing land under Act - Lands alienated before Registration of Land Titles Ordinance, 1908
Specifies who may apply to bring land under the Act (a list of persons), empowers the Registrar to bring such land under the Act on presentation of an instrument, allows the Registrar to require surveying, restricts mortgagors from applying without mortgagee consent, and limits mortgagee applications to exercise of power of sale with title directed to purchaser.
Section Lands alienated before Registration of Land Titles Ordinance, 1908 Section All land within the meaning of this section may be brought under the operation of this Act on an application in Form I of Schedule 1 to this Act, which application may be made by any of the following persons— Notwithstanding subsection (3) — 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 . 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. the person claiming to be the owner of the fee simple or term of years either at law or in equity; persons who collectively claim to be the owners of the fee simple or term of years either at law or in equity; persons who have the power of appointing or disposing of the fee simple or terms of years; or the guardian of any infant or the committee of any person suffering from mental illness unable to govern his or her estate so, however, that the application is made on behalf of that infant or person and the certificate of title is directed to issue in his or her name. 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 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.
Part IV
Certificates of title and registration
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Certificates of title and registration - Register Book
The Registrar must keep a Register Book, register certificates of title and enter particulars of dealings affecting land; the Registrar may choose the form and partition of the Register Book; persons entered in the Register Book must provide a place of address in Uganda.
Section Register Book Section The Registrar may— 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. keep the Register Book, or any part of it, in such loose-leaf or other form as he or she may consider appropriate; and keep the Register Book in parts, each relating to a district, county, subcounty or other convenient area. 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 and registration - Certificates of title
Registrar must register one original certificate in the Register Book, issue the duplicate to the person entitled, treat each certificate as a separate folium, may cancel and replace certificates but must not issue the replacement until the cancelled duplicate is held, must file certificates by land location and enter block and plot numbers; references to volume or folium become references to block or plot where block or plot is entered.
Section Certificates of title Section Where the Register Book is kept in parts under section 37(2)(b) , the Registrar shall— Certificates of title shall be in one of the forms in Schedule 2 to this Act and shall be in duplicate. 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. Each certificate of title shall constitute a separate folium of the Register Book. 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. 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 enter upon the certificate a reference to the block and plot number 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
Certificates of title and registration - Issue of limited certificates
The Registrar may register, with the consent of the Registrar of lands and surveys, a certificate endorsed “Limited as to Parcels” for land with no prior certificate of title and no deposited survey plan, after 1st November 1958.
Section Issue of limited certificates Section Where the Registrar deems it necessary or expedient to do so, he or she may, after the 1st day of 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 Registrar of lands and surveys, register a certificate in any of the prescribed forms which is endorsed with the words “Limited as to Parcels”. - 40
Certificates of title and registration - Removal of limitation as to parcels
The Registrar may (for a prescribed fee) remove the limitation as to parcels from a limited certificate or register an ordinary certificate in its place, but is not bound to do so until satisfied by deposit of a survey plan and other evidence and until required notice to adjoining proprietors has been given and expired.
Section Removal of limitation as to parcels Section 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— 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 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
Certificates of title and registration - Ordinary certificate not to be registered until limitation removed
An ordinary (full) certificate will not be registered in substitution for a certificate that is limited as to parcels, except where the limitation does not affect the part of the land for which the new certificate is sought, or as otherwise provided in this Act.
Section Ordinary certificate not to be registered until limitation removed Section 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. - 42
Certificates of title and registration - Application of Act to limited certificate
Unless otherwise provided, the provisions of the Act apply to land in a limited certificate and to registration of instruments and other matters affecting that land.
Section Application of Act to limited certificate Section 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
Certificates of title and registration - No action against Government in certain cases
Proprietors of land under a limited certificate and any other person may not bring an action for recovery of damages against the Government for errors or omissions in the land description.
Section No action against Government in certain cases Section 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
Certificates of title and registration - Area of land need not be mentioned in certificate
If a parcel is under one acre, its area need not be mentioned in the certificate, and omitting the area does not invalidate the certificate.
Section Area of land need not be mentioned in certificate Section 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
Certificates of title and registration - Receipts may be required for duplicate certificates
When a duplicate certificate of title is delivered, a receipt in the proprietor's handwriting may be required to be signed by the proprietor when practicable.
Section Receipts may be required for duplicate certificates Section 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
Certificates of title and registration - Effective date of registration; duly registered proprietor
Certificates of title and instruments affecting registered land are treated as registered when a Registrar entry or memorial is recorded; the named person on a registered certificate or instrument is treated as the duly registered proprietor.
Section Effective date of registration; duly registered proprietor Section Subject to section 122(2) , every certificate of title shall be deemed and taken to be registered under this Act when the Registrar has marked on it— the volume and folium of the Register Book in which it is entered; or the block and plot number of the land in respect of which that certificate of title is to be registered. 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. 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. 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
Certificates of title and registration - Registration of transfers of mortgages and transfers or mortgages of leases, etc.
When a mortgage, lease or sublease is transferred or mortgaged, a memorial of the instrument must be endorsed on that mortgage, lease or sublease, and it is not necessary to enter that memorial in the Register Book on the folium of the existing certificate of title.
Section Registration of transfers of mortgages and transfers or mortgages of leases, etc. Section 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
Certificates of title and registration - Instruments entitled to priority according to date of registration
The Registrar must file and retain instruments not in duplicate when registered, and when an instrument is registered in duplicate the Registrar must file one original and deliver the duplicate to the person entitled.
Section Instruments entitled to priority according to date of registration Section Every instrument , excepting 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 . 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
Certificates of title and registration - Leases and mortgages may be in triplicate
Leases and mortgages presented for registration may be in triplicate; the Registrar must endorse and initial the word “triplicate” and must endorse and initial parts as lessor’s/lessee’s or mortgagor’s/mortgagee’s parts on returned copies.
Section Leases and mortgages may be in triplicate Section 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
Certificates of title and registration - No notice of trusts to be entered in Register Book
The Registrar must not record notices of any trust in the Register Book; trusts may be declared by documents (duplicates or attested copies may be deposited with the Registrar), and the Registrar may, if expedient, protect the rights of persons beneficially interested.
Section No notice of trusts to be entered in Register Book Section 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
Certificates of title and registration - Memorial defined
A memorial entered in the Register Book must state the instrument's nature, the time it was produced for registration, the name of the party to whom it is given, refer to the instrument by number or symbol, and be signed by the Registrar.
Section Memorial defined Section 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
Certificates of title and registration - Memorial to be entered on duplicate instrument
When a memorial of an instrument is entered in the Register Book, the Registrar must enter the same memorial on the duplicate certificate of title, endorse on every registered instrument a certificate of that entry and authenticate it by signing; that certificate is to be received in all courts as conclusive evidence the instrument was duly registered.
Section Memorial to be entered on duplicate instrument Section 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 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
Certificates of title and registration - Signature of Registrar substituted for seal in certain cases
The Registrar must sign the first certificate of title and every subsequent memorial; courts must accept the certificate and memorial as conclusive evidence and must take judicial notice of the seal and signature.
Section Signature of Registrar substituted for seal in certain cases Section 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
Certificates of title and registration - Instruments not effectual until registered
Instruments affecting land are not effective to pass estate or charge land until registered; the Registrar must register and endorse the instrument presented with the duplicate certificate of title.
Section Instruments not effectual until registered Section 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
Certificates of title and registration - Proprietor of land entitled to certificate of title
The proprietor of land under this Act is entitled to a certificate of title; the Registrar must state the age or nature of disability when a certificate is issued to a minor or disabled person.
Section Proprietor of land entitled to certificate of title Section 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
Certificates of title and registration - Joint tenants and tenants in common
Persons registered as joint proprietors of land are deemed to be entitled as joint tenants; persons entitled as tenants in common are presumed to hold land in equal shares absent evidence to the contrary.
Section Joint tenants and tenants in common Section 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 e presumed to hold that land in equal shares. - 57
Certificates of title and registration - Effect of insertion of words “no survivorship”
The Registrar must enter the words “no survivorship” on memorials, certificates of title and sign them; joint proprietors may direct the Registrar in writing to enter those words; once entered and signed by the Registrar, no one other than the registered proprietors may transfer or deal with the property without a High Court order.
Section Effect of insertion of words “no survivorship” Section Upon the transfer of any land and upon the lease of any freehold land to two or more persons as joint proprietors with the words “no survivorship” endorsed on the transfer or lease, the Registrar shall enter those words in the memorial of that transfer or lease and also upon any certificate of title issued to the joint proprietors pursuant to the transfer and sign his or her name thereto. Two or more joint proprietors of any land or of any lease of freehold land may by writing under their hands direct the Registrar to enter the words “no survivorship” upon the certificate of title or instrument relating to the property. In every case after the words “no survivorship” have been signed by the Registrar , whether under this section or any preceding section, it shall not be lawful for any persons other than the proprietors registered to transfer or otherwise deal with the property without the order of the High Court. - 58
Certificates of title and registration - Notice to be published before making order in respect of land under section 57
Before making an order under section 57 the High Court must publish notice in the Gazette at the applicant's expense and appoint a time for interested persons to show cause; after that time the High Court may direct transfer or make an order, and when the order is deposited the Registrar must make entries and take necessary acts to give effect to it.
Section Notice to be published before making order in respect of land under section 57 Section Before making any order required under section 57 , the High Court shall cause notice of the intention to do so to be notified at the expense of the person applying for the order in the Gazette and shall appoint a time within which any person interested may show cause against the order being made. After the expiration of the time appointed under subsection (1) , the High Court may give directions for the transfer of such land or lease to any new proprietor or proprietors solely or jointly with or in the place of any existing proprietor or proprietors or make such order in the premises as is just for the protection of any persons beneficially interested in the property or in the proceeds of the property; and on that order being deposited with the Registrar, he or she shall make such entries and perform such acts for giving effect to the order as the provisions of this Act render necessary. - 59
Certificates of title and registration - Certificate to be conclusive evidence of title
A certificate of title issued under this Act cannot be challenged for prior informalities or irregularities and is conclusive evidence of the matters it records.
Section Certificate to be conclusive evidence of title Section No certificate of title issued upon an application to bring land under this Act shall be impeached or defeasible by reason or on account of any informality or irregularity in the application or in the proceedings previous to the registration of the certificate, and every certificate of title issued under this Act shall be received in all courts as evidence of the particulars set forth in the certificate and of the entry of the certificate in the Register Book, and shall be conclusive evidence that the person named in the certificate as the proprietor of or having any estate or interest in or power to appoint or dispose of the land described in the certificate is seized or possessed of that estate or interest or has that power. - 60
Certificates of title and registration - Certificate conclusive evidence as to title to easements
When a certificate of title (or duplicate) states a person is entitled to an easement, that statement must be received in all courts as conclusive evidence of the entitlement.
Section Certificate conclusive evidence as to title to easements Section Whenever any certificate of title or any duplicate registered or issued under any of the provisions or otherwise under the operation of this Act contains any statement to the effect that the person named in the certificate is entitled to any easement specified in the certificate, the statement shall be received in all courts as conclusive evidence that he or she is so entitled. - 61
Certificates of title and registration - Effect in certificate of words relating to easements
If a certificate of title contains the words granting a right of carriageway describing the road(s), those words have the same legal effect as if the specific Schedule 6 wording were inserted in the certificate.
Section Effect in certificate of words relating to easements Section Whenever any certificate of title referred to in section 60 contains the words “Together with a right of carriage way over _______________” [specifying or describing the road or roads over which the easement is created and referring to a plan endorsed whereon such road or roads is or are coloured brown] those words shall have the same effect and shall be construed as if there had been inserted in that certificate of title the words contained in Schedule 6 to this Act. - 62
Certificates of title and registration - Extension of Schedule 2 to easements
Schedule 2 to this Act is deemed to extend to the setting forth of the easements mentioned in sections 60 and 61.
Section Extension of Schedule 2 to easements Section Schedule 2 to this Act shall be deemed to extend to the setting forth of the easements mentioned in sections 60 and 61 . - 63
Certificates of title and registration - Certificate to be conclusive evidence in action for specific performance or damages
The proprietor's certificate of title is treated as conclusive evidence of their good and valid title and entitles the proprietor to a decree for specific performance in relevant actions.
Section Certificate to be conclusive evidence in action for specific performance or damages Section In any action for specific performance or for damages brought by a proprietor of any land under the operation of this Act against a person who has contracted to purchase the land not having notice of any fraud or other circumstances which according to this Act would affect the right of the vendor, the certificate of title of the proprietor shall be held to be conclusive evidence that the proprietor has a good and valid title to the land for the estate or interest mentioned or described in the certificate of title , and shall in any such action entitle the proprietor to a decree for the specific performance of the contract. - 64
Certificates of title and registration - Estate of registered proprietor paramount
A registered proprietor holds the land (subject to encumbrances notified on the certificate) and is otherwise free from other encumbrances, except in cases such as fraud and prior registered interests.
Section Estate of registered proprietor paramount Section Notwithstanding the existence in any other person of any estate or interest, whether derived by grant or otherwise, which but for this Act might be held to be paramount or to have priority, the proprietor of land or of any estate or interest in land under the operation of this Act shall, except in the case of fraud, hold the land or estate or interest in land subject to such encumbrances as are notified on the folium of the Register Book constituted by the certificate of title , but absolutely free from all other encumbrances , except the estate or interest of a proprietor claiming the same land under prior registered certificate of title , and except as regards any portion of land that by wrong description of parcels or boundaries is included in the certificate of title or instrument evidencing the title of such proprietor not being a purchaser for valuable consideration or deriving from or through such a purchaser. Notwithstanding subsection (1) , the land which is included in any certificate of title or registered instrument shall be deemed to be subject to the reservations, exceptions, covenants, conditions and powers, if any, contained in the grant of that land, and to any rights subsisting under any adverse possession of the land, and to any public rights of way and to any easements acquired by enjoyment or use or subsisting over or upon or affecting the land, and to any unpaid rates and other money which without reference to registration under this Act are by or under the provisions of any written law declared to be a charge upon land in favour of any Government department or officer or any public authority, and to any leases, licences or other authorities granted by the Governor or any Government department or officer or any public authority, and in respect of which no provision for registration is made and also, where the possession is not adverse, to the interest of any tenant of the land, notwithstanding the same respectively are not specially notified as encumbrances on the certificate or instrument. - 65
Certificates of title and registration - Easements existing under deed or writing to be noticed as encumbrances
The Registrar must record on any future certificate and its duplicate as an encumbrance any subsisting easement affecting the land that appears to have been created by deed or writing.
Section Easements existing under deed or writing to be noticed as encumbrances Section Notwithstanding the reservation in section 64 of any easements subsisting over or upon or affecting any land comprised in any certificate of title , the Registrar shall specify upon any future certificate of the land and the duplicate of the certificate as an encumbrance affecting the land any subsisting easement over or upon or affecting the land which appears to have been created by any deed or writing. - 66
Certificates of title and registration - Reversions expectant on leases
A person named as proprietor on a certificate of title is treated by courts as seized of the reversion and inheritance expectant on any lease noted as an encumbrance, has the corresponding powers and remedies, and is subject to the lessor's covenants in that lease.
Section Reversions expectant on leases Section The person named in any certificate of title as the proprietor of an estate of freehold in possession in the land described in the certificate of title shall be held in every court to be seized of the reversion and inheritance in the land immediately expectant upon the term of any lease that is mentioned as an encumbrance in the certificate, and to have all powers, rights and remedies to which such a reversioner is by law entitled, and shall be subject to all the covenants and conditions in such lease to be performed and observed by or on the part of the lessor. - 67
Certificates of title and registration - Upon surrender of existing grants or certificates, single certificate may be obtained
The Registrar may issue a single certificate of title on application and, when registering such a certificate, must cancel and retain previous certificates and endorse a memorandum noting the cancellation and referral to the new certificate.
Section Upon surrender of existing grants or certificates, single certificate may be obtained Section On the application of any proprietor or of any person entitled to become a proprietor of land under separate certificates of title or under any two or more of such documents and on his or her delivering up the duplicates thereof, the Registrar may issue to him or her a single certificate of title for the whole of such land or several certificates as to portions of the land in accordance with the application so far as that may be done consistently with any rules for the time being in force respecting the parcels of land that may be included in one certificate of title ; and upon registering any certificate under this section, the Registrar shall cancel and retain the previous certificate, and shall endorse upon it a memorandum setting forth the occasion of the cancellation and referring to the new certificate. - 68
Certificates of title and registration - History of various dealings affecting land to be preserved
References to prior dealings must be noted in the Register Book and on instruments, but certified copies need not include those references and are deemed complete even if the references are omitted.
Section History of various dealings affecting land to be preserved Section Such references shall be noted in the Register Book and on instruments lied hereunder as will allow the title to be traced either downwards from or upwards to the original certificate of title ; but it shall not be necessary in any certified copy of any grant , certificate or instrument to insert such references; and every such copy shall be deemed complete, notwithstanding the omission of such references. - 69
Certificates of title and registration - Lost grant
Allows persons with knowledge to make a statutory declaration and permits the Registrar, if satisfied, to issue a special certificate; the Registrar must record the issuance and must give at least one month’s Gazette notice at the applicant’s expense before issuing.
Section Lost grant Section If the duplicate certificate of title is lost or destroyed or becomes so obliterated as to be useless, the persons having knowledge of the circumstances may make a statutory declaration stating the facts and the particulars of all encumbrances affecting the land or the title to the land to the best of the deponents’ knowledge, information and belief; and the Registrar , if satisfied as to the truth of the statutory declaration and the bona fides of the transaction, may issue to the proprietor a special certificate of title to the land , which special certificate shall contain an exact copy of the certificate of title in the Register Book and of every memorandum and endorsement on it, and shall state why the special certificate is issued; and the Registrar shall at the same time enter in the Register Book notice of the issuing of the special certificate and the date of its issuance and why it was issued; and the special certificate shall be available for all purposes and uses for which the duplicate certificate of title so lost or destroyed or obliterated would have been available, and shall be equally valid with the duplicate certificate of title to all intents; but the Registrar , before issuing a special certificate, shall give at the applicant’s expense at least one month’s notice in the Gazette of his or her intention to do so. - 70
Certificates of title and registration - Issue of special certificate
When a court (under the Civil Procedure Act) directs the Registrar to issue a special certificate of title, the Registrar must issue it as prescribed by section 69 and must first publish a notice in the Gazette; any person wishing to oppose may apply to the court within one month of that notice.
Section Issue of special certificate Section Where under any provisions of the Civil Procedure Act, any court calls upon the Registrar to issue a special certificate of title , the Registrar shall issue the special certificate as prescribed by section 69 ; but the Registrar, before issuing the special certificate, shall give notice in the Gazette of his or her intention to do so, whereupon any person who wishes to oppose the issue of the certificate may, within one month of the date of the notice, make an application to the court in that behalf. - 71
Certificates of title and registration - Copy of lost or destroyed certificate
If the original certificate of title is lost, destroyed or illegible, the Registrar may cause a copy to be prepared and endorsed and must make and sign a memorandum stating it is a substitute.
Section Copy of lost or destroyed certificate Section If any original certificate of title is lost or destroyed or so obliterated as to become illegible, the Registrar may cause a copy of it to be prepared and to be endorsed with all such entries as were upon the original so far as they can be ascertained from the records of the office and other available information and shall make and sign a memorandum upon the copy stating that it is a substitute to be used in place of the original, and what has become of the original so far as known or supposed, and from the date of the copy being so signed it may be bound up in the Register Book and used in place of the original for the purpose of dealings. - 72
Certificates of title and registration - Registrar may call in duplicate certificate on sale by court or mortgagee or when required for cancellation, etc.
The Registrar may call in duplicate certificates on sale by a court or mortgagee and shall require listed persons to send duplicates to the office of titles within a period named in the requisition (not less than seven days).
Section Registrar may call in duplicate certificate on sale by court or mortgagee or when required for cancellation, etc. Section On any transfer by a mortgagee to a purchaser or under any decree, judgment or order of any court, of any land , estate or interest under this Act, or for the purpose of registering any instrument subject to a first mortgage or for the purpose of rectifying or cancelling any certificate under this Act or for the purpose of inspection in case of loss, destruction or obliteration of any original certificate of title , the Registrar shall by writing under his or her hand require the judgment debtor, mortgagor or mortgagee or proprietor of the land comprised in any duplicate or triplicate certificate of title , mortgage, lease or other instrument , or the person having possession, custody or control of any such duplicate or triplicate, to send it to the office of titles within a period named in the requisition, not less than seven days from the date of the requisition, to be endorsed , cancelled, rectified or otherwise dealt with, as the case requires. - 73
Certificates of title and registration - Refusal to send duplicate or triplicate certificate
If a person refuses or neglects to comply with a requisition under section 72, or if the Registrar receives no reply from that person, the Registrar must proceed, mutatis mutandis, in accordance with section 69.
Section Refusal to send duplicate or triplicate certificate Section If any person refuses or neglects to comply with a requisition under section 72 or if the Registrar receives no reply from the person, the Registrar shall proceed, mutatis mutandis , in accordance with section 69 . - 74
Certificates of title and registration - Lists of certificates called in for cancellation to be exhibited
Lists of certificates of title called in for cancellation or rectification and not sent in must be exhibited in the office of titles and advertised in the Gazette and such newspapers at times determined by the Registrar.
Section Lists of certificates called in for cancellation to be exhibited Section Lists of certificates of title called in for cancellation or rectification and not sent in shall be exhibited in the office of titles, and shall be advertised in the Gazette and in such newspapers and at such time or times as the Registrar thinks fit. - 75
Certificates of title and registration - Words of inheritance or succession to be implied
Certificates and instruments transferring or creating a fee simple estate shall be taken to include the heirs of the person or the successors of the corporation.
Section Words of inheritance or succession to be implied Section Every certificate of any person or corporation sole being the proprietor of an estate in fee simple, whether in possession, remainder or reversion, and every instrument transferring or creating such an estate to or in favour of any person or corporation sole, shall imply and be deemed to include the heirs of that person or the successors of that corporation. - 76
Certificates of title and registration - Certificate void for fraud
Any certificate of title, entry, removal of encumbrance, or cancellation in the Register Book that was procured or made by fraud is void as against all parties or privies to the fraud.
Section Certificate void for fraud Section Any certificate of title , entry, removal of encumbrance, or cancellation, in the Register Book, procured or made by fraud, shall be void as against all parties or privies to the fraud.
Part IX
Surveys, plans and boundaries
- 133
Surveys, plans and boundaries - Registrar may require survey of land
The Registrar may require surveys, plans and boundary particulars to be made and lodged, and those costs are to be borne by the applicant or registered proprietor when an application is made or land is proposed to be subdivided under this Act.
Section Registrar may require survey of land Section On any application made or on any proposed subdivision of land under this Act, the Registrar may require such surveys and plans to be made and lodged and such particulars of the boundaries and abuttals to be furnished at the cost of the applicant or registered proprietor as the Registrar thinks fit. - 134
Surveys, plans and boundaries - Surveys to be authenticated
Registrar must only accept plans that have been authenticated by the signature of the Commissioner Surveys and Mapping or someone authorised by them; surveys required by the Registrar must follow the requirements of the Commissioner Surveys and Mapping starting on a date to be specified by the Minister by statutory instrument.
Section Surveys to be authenticated Section On and after a date to be specified by the Minister by statutory instrument , all surveys required by the Registrar under this Act shall be made in accordance with the requirements of the Commissioner Surveys and Mapping, and no plans shall be accepted by the Registrar unless they have been authenticated by the signature of the Commissioner Surveys and Mapping or someone authorised by him or her in writing. - 135
Surveys, plans and boundaries - Registrar may disregard minor errors
When considering applications to amend a certificate of title or adjust boundaries, the Registrar may disregard small discrepancies: boundary dimension differences up to one in five hundred, or encroachments/excesses/deficits up to one percent.
Section Registrar may disregard minor errors Section In dealing with any applications involving the amendment of a certificate of title or adjustment of boundaries, the Registrar may disregard any difference in the dimensions of boundaries which does not exceed one in five hundred or any encroachment, excess or deficit which does not exceed one percent. - 136
Surveys, plans and boundaries - Proprietor subdividing to deposit plan if required
A proprietor who subdivides land for sale must deposit a plan of the land with the Registrar if required.
Section Proprietor subdividing to deposit plan if required Section Any proprietor subdividing any land under the operation of this Act for the purpose of selling the land in allotments shall deposit with the Registrar a plan of that land if so required. The plan referred to in subsection (1) shall exhibit distinctly delineated all roads, streets, passages, thoroughfares, squares or reserves appropriated or set apart for the use of the purchasers, and also all allotments into which the land is divided, marked with distinct numbers or symbols, and shall also show the area of each separate allotment, and, unless prepared by a Government surveyor, shall be declared to be accurate by a statutory declaration of the person preparing the plan, and, if required by the Registrar, certified as accurate by a Government surveyor after verification by him or her at the proprietor’s expense. - 137
Surveys, plans and boundaries - Number of allotment on plan of subdivision sufficient description for purposes of dealing
The numbers of the allotments on the deposited subdivision plan, together with a reference to the plan by its deposited number, may be used as a sufficient description of the land for dealings in relation to those allotments.
Section Number of allotment on plan of subdivision sufficient description for purposes of dealing Section After the subdivision of the land and the deposit of the plan under section 136 , the numbers of the allotments marked upon the plan, together with a reference to the plan by its deposited number, may be used as sufficient description of the land for the purpose of dealings with any one or more of the allotments on the sale of an allotment according to the plan of subdivision, and on any subsequent dealings comprising the whole of one or more allotment or allotments. - 138
Surveys, plans and boundaries - Abuttals may be used in description of land in certificate
When land is being brought under the Act, the Registrar may describe the land included in the certificate by its abuttals either in the body of the certificate and in the plan or in the plan only; abuttals used may be named by their common name with or without the reputed owner's name; if an abuttal is land under this Act the volume and folium of its certificate of title must be mentioned.
Section Abuttals may be used in description of land in certificate Section On an application to bring land under this Act, the land included in the certificate to be issued may at the discretion of the Registrar , notwithstanding sections 15 and 37 and Schedule 2 to this Act, be described by its abuttals both in the body of the certificate and in the plan thereon, or in the plan only. Any abuttal so used under subsection (1) may be described by the name by which it is commonly known and with or without the name of its reputed owner; and if the abuttal is upon or consists of land under this Act, the volume and folium of the certificate of title of the land constituting the abuttal or on which the abuttal stands shall be mentioned. - 139
Surveys, plans and boundaries - Objects which may constitute abuttals
The provision lists objects that may be mentioned as an abuttal, including buildings, walls, fences, streets, reserved land, surveyed land in a certificate of title, and watercourses.
Section Objects which may constitute abuttals Section For the purpose of this Act, any of the following objects may be mentioned as an abuttal: any building, wall, sectional division of a party wall, fence, public or private street or road, lane or passage, land dedicated to or reserved for the public, Government reserve, block or plot of public land , surveyed land described in any certificate of title and any lake, river, creek or natural or artificial watercourse; and mention of an abuttal in any certificate of title shall not be deemed to give title to the abuttal or to be evidence of the title of any person who is referred to in the description as owner or occupant of the land upon which any abuttal stands, or of any land constituting an abuttal.
Part V
Title by possession to land under act
- 77
Title by possession to land under act - Person claiming title by possession
A person claiming title by possession to land registered under this Act may apply to the Registrar for an order vesting the land in them for the estate claimed.
Section Person claiming title by possession Section A person who claims that he or she has acquired a title by possession to land registered under this Act may apply to the Registrar for an order vesting the land in him or her for an estate in fee simple or the other estate claimed. - 78
Title by possession to land under act - Form of application
Applications under section 77 must be signed (by the applicant or, for a corporation, by an authorised person) and must be supported by a statutory declaration by the person signing that the statements are true; other formal requirements for the application are listed.
Section Form of application Section Every application under section 77 shall be— in writing in the form or to the effect of Schedule 7 to this Act, and shall include the several particulars mentioned or referred to in that Schedule; signed by the applicant, or in the case of a corporation, by a person authorised in that behalf in writing under the seal of the corporation; attested by at least one witness being a person mentioned in that behalf in section 131 ; supported by a statutory declaration by the person signing it that the several statements in it are true; and accompanied by a survey plan (with field notes) of the land . - 79
Title by possession to land under act - Application, how dealt with
The Registrar may reject the application, altogether or in part, or may make requisitions as to the title claimed or any other matter relating to the application.
Section Application, how dealt with Section The Registrar may reject the application, altogether or in part, or may make such requisitions as to the title claimed to have been acquired, or as to any other matter relating to the application as he or she thinks fit. - 80
Title by possession to land under act - Advertisement and service of notice of application
If an application under section 77 is not rejected by the Registrar under section 79, the Registrar must advertise notice of the application (at the applicant’s expense) at least once in the Gazette; the Registrar may give the notice to persons he or she deems fit.
Section Advertisement and service of notice of application Section If an application under section 77 is not rejected by the Registrar under section 79 , he or she shall advertise notice of the application, at the applicant’s expense, once at least in the Gazette , and may give the notice to such person or persons as he or she deems fit; and notice of the application shall be given to every person appearing by the Register Book to have any estate or interest in the land or in any encumbrance notified on the title of the land . - 81
Title by possession to land under act - Copy to be posted
The applicant must post a copy of the notice of application in a conspicuous place on the land or at a place the Registrar directs and keep it posted for at least three months before the application is granted.
Section Copy to be posted Section The applicant shall cause a copy of the notice of application to be posted in a conspicuous place on the land or at such place as the Registrar directs, and to be kept so posted for not less than three months prior to the granting of the application. - 82
Title by possession to land under act - Time to be appointed by Registrar after which application may be granted
The Registrar must appoint a time between three and twelve months from the publication or service of the notice, after which the Registrar may grant the application unless a caveat is lodged.
Section Time to be appointed by Registrar after which application may be granted Section The Registrar shall appoint a time not less than three months nor more than twelve months from the publication of the advertisement or service of the notice of application at or after the expiration of which he or she may, unless a caveat is lodged forbidding it, grant the application altogether or in part. - 83
Title by possession to land under act - Contents of notice
The notice required by section 80 must specify the grant details, be dated, and be served by registered letter; the Registrar must file a copy with a memorandum which is sufficient evidence the notice was sent.
Section Contents of notice Section The notice of application required by section 80 shall— specify the volume and folium of the grant or certificate of title affected by the application, and any mortgage or lease registered as an encumbrance on the grant or certificate of title ; and be dated and be served by being sent in a registered letter marked outside “Office of Titles”, posted to each person to be served at his or her address, if any, stated in the Register Book, subject to section 175 , or supplied by the applicant. The Registrar shall cause a copy of each notice to be filed with a memorandum of the notice having been sent, and the memorandum shall be sufficient evidence that the notice was duly sent. - 84
Title by possession to land under act - Power to reject application
The Registrar may reject an application in whole or in part before it is granted if the applicant does not satisfy any requisition within a reasonable time.
Section Power to reject application Section At any time prior to granting an application, the Registrar may reject the application altogether or in part if the applicant fails to comply to his or her satisfaction with any requisition made by him or her within such time as to him or her seems reasonable. - 85
Title by possession to land under act - Caveat forbidding grant of application
A person claiming an estate or interest in land may, before an application is granted, lodge a caveat with the Registrar to forbid granting that application.
Section Caveat forbidding grant of application Section A person claiming any estate or interest in the land in respect of which any such application is made may, before the granting of the application, lodge a caveat with the Registrar forbidding the granting of the application. The caveat shall in all other respects be in the same form and be subject to the same provisions and have the same effect with respect to the application against which it is lodged as a caveat against bringing land under the operation of this Act. - 86
Title by possession to land under act - Cancellation of existing certificate and issue of new one
The Registrar may cancel an existing certificate of title and issue a new certificate if satisfied that the applicant acquired title by possession after the expiration of the appointed time.
Section Cancellation of existing certificate and issue of new one Section Subject as aforesaid, after the expiration of the time appointed, the Registrar , if satisfied that the applicant has acquired a title by possession to the land , may— cancel the existing certificate of title and any instrument , entry or memorial in the Register Book altogether or to such extent as is necessary; and issue to the applicant or person entitled to receive it a new certificate of title for an estate in fee simple or the other estate acquired in the land by the applicant free from all encumbrances appearing by the Register Book to affect the existing title, which have been determined or extinguished by such possession and free from any easement notified as an encumbrance which has been proved to the satisfaction of the Registrar to have been abandoned. - 87
Title by possession to land under act - Fee for assurance of title
The Registrar may grant an application conditionally, and the applicant must pay an additional fee as an indemnity for assurance of title.
Section Fee for assurance of title Section Upon granting the application, the Registrar may grant it conditionally upon the applicant paying as an additional fee in respect of assurance of title such a sum of money as the Registrar considers to be a sufficient indemnity by reason of the imperfect nature of the evidence of title or as against any uncertain or doubtful claim or demand incident to or which may arise upon the title or any risk to which the Government may be exposed by granting the application. - 88
Title by possession to land under act - Entries to be made by Registrar
When an application is granted, the Registrar must make entries like those required by section 150.
Section Entries to be made by Registrar Section Upon granting the application, the Registrar shall make entries similar to those directed to be made by section 150 , and the making or omission to make such entries shall be attended by the same results as declared by section 150 in respect of the entries mentioned in that section. - 89
Title by possession to land under act - Duty of Registrar as to cancellation
When cancelling a title, instrument, memorial or entry in the Register Book, the Registrar must endorse on it a memorandum stating the circumstances of the cancellation.
Section Duty of Registrar as to cancellation Section In cancelling any certificate of title , instrument or any memorial or entry in the Register Book, the Registrar shall endorse on it a memorandum stating the circumstances in which the cancellation is made. - 90
Title by possession to land under act - Effect of new certificate of title
Certificates of title issued by the Registrar upon granting an application under this Part must be issued and registered in the manner prescribed by section 37; the person named becomes the registered proprietor of the land.
Section Effect of new certificate of title Section Any certificate of title issued by the Registrar upon the granting of any application under this Part shall be issued and registered in the manner prescribed by section 37 , and thereupon the person named in the certificate of title shall become the registered proprietor of that land. The certificate shall be dated the date of the granting of the application by the Registrar .
Part VII
Caveats
- 123
Caveats - Caveat may be lodged and withdrawn
Certain persons with claims to land may lodge and may withdraw a caveat with the Registrar; caveats must state the claimant's name and address and generally must be signed, and the lodging person may need to support the caveat by affidavit.
Section Caveat may be lodged and withdrawn Section Any beneficiary or other person claiming any estate or interest in land under the operation of this Act or in any lease or mortgage under any unregistered instrument or by devolution in law or otherwise may lodge a caveat with the Registrar in the form in Schedule 13 to this Act or as near to that as circumstances permit, forbidding the registration of any person as transferee or proprietor of and of any instrument affecting that estate or interest until after notice of the intended registration or dealing is given to the caveator, or unless the instrument is expressed to be subject to the claim of the caveator as is required in the caveat, or unless the caveator consents in writing to the registration. Every caveat under subsection (1) shall state the name and addition of the person by whom or on whose behalf the caveat is lodged, and, except in case of a caveat lodged by order of the High Court or by the Registrar as hereafter provided, shall be signed by the caveator or by his or her agent. The person lodging such caveat shall, if required, support the caveat by an affidavit, stating the nature of the title under which the claim is made, and may withdraw any such caveat. No such caveat shall be received unless some address or place in which a post office is situated is appointed in the caveat as the place at which notices and proceedings relating to the caveat may be served. - 124
Caveats - Notice of caveat to be given; lapse of caveat, etc.
Registrar must notify the person affected when a caveat is received; that person may summon the caveator to court; the caveat lapses after 60 days following notice of an application for removal except for caveats by beneficiaries or the Registrar; the caveat cannot be renewed by the same person; the court may make orders and delay registration if indemnity is provided.
Section Notice of caveat to be given; lapse of caveat, etc. Section Upon the receipt of such caveat, the Registrar shall notify the receipt to the person against whose application to be registered as proprietor or, as the case may be, to the proprietor against whose title to deal with the estate or interest the caveat has been lodged; and that applicant or proprietor or any person claiming under any transfer or other instrument signed by the proprietor may, if he or she thinks fit, summon the caveator to attend before the court to show cause why the caveat should not be removed; and the 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. Except in the case of a caveat lodged by or on behalf of a beneficiary claiming under any will or settlement or by the Registrar , every caveat lodged against a proprietor shall be deemed to have lapsed upon the expiration of sixty days after notice given to the caveator that the proprietor has applied for the removal of the caveat. A caveat shall not be renewed by or on behalf of the same person in respect of the same estate or interest, but if, before the expiration of the sixty days referred to in subsection (2) or such further period as is specified in any order made under this section, the caveator or his or her agent appears before the court and gives such undertaking or security, or lodges such sum in court as the court considers sufficient to indemnify every person against any damage that may be sustained by reason of any disposition of the property being delayed, then and in such case the court may direct the Registrar to delay registering any dealing with the land, lease or mortgage for a further period to be specified in such order, or may make such other order, and in either case such order as to costs as is just. - 125
Caveats - No entry to be made in Register Book while caveat continues in force
While a caveat prohibiting registration or dealing is in force, the Registrar must not enter any change in proprietorship or other transfer affecting the estate or interest subject to that caveat except as allowed by the caveat or with the caveator's written consent.
Section No entry to be made in Register Book while caveat continues in force Section So long as any caveat remains in force prohibiting any registration or dealing, the Registrar shall not, except in accordance with some provision of the caveat, or with the consent in writing of the caveator, enter in the Register Book any change in the proprietorship of or any transfer or other instrument purporting to transfer or otherwise deal with or affect the estate or interest in respect to which that caveat is lodged. - 126
Caveats - Compensation for lodging caveat without reasonable cause
A person who lodges a caveat with the Registrar without reasonable cause must pay compensation to anyone who suffered damage, as the High Court orders.
Section Compensation for lodging caveat without reasonable cause Section A person lodging any caveat with the Registrar , either against bringing land under this Act or otherwise, without reasonable cause, shall be liable to make to any person who may have sustained damage by the lodging of the caveat such compensation as the High Court deems just and orders. - 127
Caveats - Memo of caveat to be entered in Register Book, etc.
A memorandum of every caveat lodged under section 123 shall be entered in the Register Book, and a copy of the caveat (or so much as the Registrar deems material) shall be sent with the notification required by section 124.
Section Memo of caveat to be entered in Register Book, etc. Section A memorandum of every caveat lodged under section 123 shall be entered in the Register Book as under the date of the lodgment of that caveat in the office of titles, and a copy of the caveat or of so much of it as the Registrar deems material to the person notified shall be sent with the notification required by section 124 . - 128
Caveats - Caveaton behalf of beneficiary under will, etc. need not be removed to admit registration of certain dealings
If a caveat is lodged by or on behalf of a beneficiary under a will or settlement, certain changes (change of proprietorship, transfer or other dealings affecting the land, estate or interest) may be registered without removing the caveat if the Registrar considers the change authorised by the will or settlement and the caveator either consents or fails to lodge a written protest within fourteen days after being served notice.
Section Caveaton behalf of beneficiary under will, etc. need not be removed to admit registration of certain dealings Section Where a caveat has been lodged by or on behalf of a beneficiary claiming under a will or settlement and a change in the proprietorship of or a transfer or other dealing with or affecting the land , estate or interest in respect of which the caveat was lodged is presented for registration, the same may, notwithstanding section 125 , be registered without the caveat being withdrawn and without determining the operation of the caveat, provided the Registrar is of opinion that such change of proprietorship or such transfer or other dealing is authorised by the will or settlement and the caveator either consents to the registration or does not lodge a written protest against the registration within fourteen days after being served with notice as such caveator. - 129
Caveats - Removal of caveat no longer affecting lands
If a caveat is withdrawn, lapses, or otherwise ceases to affect the relevant lands, the Registrar must remove the caveat from the Register Book and record the date of removal in the margin of the original caveat entry.
Section Removal of caveat no longer affecting lands Section When a caveat has been withdrawn under section 123 , or has lapsed under section 124 , or has otherwise ceased to affect the lands or any interest in the lands in respect of which it was originally lodged, the Registrar shall cause the caveat to be removed from the Register Book and shall enter in the margin of the original entry of the caveat the date of that removal.
Part VIII
Power of attorney and attestation of instruments
- 130
Power of attorney and attestation of instruments - Power of attorney and revocation of power of attorney
Proprietors may appoint an agent by a specified power of attorney form; such powers must be registered under the Registration of Documents Act and are presumed effective if registered within four months unless previously revoked; revocations prevent the Registrar from giving effect to instruments executed under the power.
Section Power of attorney and revocation of power of attorney Section The proprietor of any land under the operation of this Act or of any lease or mortgage may appoint any person to act for him or her in transferring that land , lease or mortgage or otherwise dealing with it by signing a power of attorney in the form in Schedule 14 to this Act. Every such power of attorney shall be registered in accordance with the Registration of Documents Act, and if so registered within four months after the date thereof shall be presumed to be in force at the time of its registration unless a revocation of that power of attorney has been previously registered under that Act; but nothing in this subsection shall diminish the force and effect of any power of attorney if registered after the expiration of that period of four months. After the registration of any revocation of the power, the Registrar shall not give effect to any transfer or other instrument signed pursuant to the power. A power of attorney in the form in Schedule 14 to this Act or to the like effect given by a person before as well as after becoming a proprietor of any land or of any lease or mortgage shall be deemed to be within the meaning of this section. - 131
Power of attorney and attestation of instruments - Attestation of instruments and powers of attorney
A document signed by anyone and attested by one witness who is among the listed classes of officers or persons (including persons authorised by the Minister) is to be regarded as duly executed; a witness who is not among those classes may still be accepted if one of the listed officers/persons certifies in the Schedule 15 form; the Registrar may take official notice of signatures and qualifications; government officers (except a magistrate acting as notary public) and chiefs shall not demand fees for attesting under this Act.
Section Attestation of instruments and powers of attorney Section Instruments and powers of attorney under this Act signed by any person and attested by one witness shall be held to be duly executed, and that witness may be— within the limits of Uganda— without the limits of Uganda— any officer in the service of the Government of Uganda or of Kenya; a justice of the peace; an advocate; a notary public; a bank manager; a minister of religion authorised to celebrate marriages within Uganda; a medical practitioner; any literate chief of the rank of a gombolola chief or a corresponding or higher rank; or any other person authorised in that behalf by the Minister by statutory instrument ; and either a notary public or else the mayor or other chief officer of any city or municipal corporation within the United Kingdom of Great Britain and Northern Ireland or the Republic of Ireland; the officer administering the government of, or the judge of any court of record in, any Commonwealth country; a foreign service officer or a diplomatic representative of any Commonwealth country at any foreign place; a police, magistrate, resident magistrate, stipendiary magistrate or special magistrate in any Commonwealth country; the manager or accountant of any branch of any bank incorporated under the law of the United Kingdom of Great Britain and Northern Ireland or the Republic of Ireland; and any other person authorised in that behalf by the Minister. The witness specified in subsection (1) , whether within or without the limits of Uganda, may also be any other person, but in such case he or she shall appear before one of the officers or persons specified in subsection (1) , who, after making due inquiries of the witness, shall endorse upon the instrument or power a certificate in the form in Schedule 15 to this Act; and that certificate shall be deemed sufficient proof of the due execution of that instrument or power. Where an instrument or power of attorney purports to be attested or a certificate purports to be signed as provided in this section, the Registrar may take official notice of the signature and of the fact that the person attesting or signing possessed the requisite qualification. No fee shall be demanded or taken by any officer in the service of the Government except a magistrate in the performance of the duties of a notary public, or by any chief for attesting within Uganda any instrument or power of attorney under this Act. - 132
Power of attorney and attestation of instruments - Signatures to be in Latin character
An instrument or power of attorney is not duly executed unless each party’s signature is in Latin characters, or a Latin transliteration and the name (for marks) are added by or in the presence of the attesting witness at execution and a certificate in the form in Schedule 16 is inserted beneath the signature or mark.
Section Signatures to be in Latin character Section No instrument or power of attorney shall be deemed to be duly executed unless either— the signature of each party to it is in Latin character; or a transliteration into Latin character of the signature of any party whose signature is not in Latin character and the name of any party who has affixed a mark instead of signing his or her name are added to the instrument or power of attorney by or in the presence of the attesting witness at the time of execution, and beneath the signature or mark there is inserted a certificate in the form in Schedule 16 to this Act.
Part X
Rectification of titles
- 140
Rectification of titles - Proprietor may apply for amendment to make boundaries coincide with land occupied under title
A proprietor may apply to have their certificate of title amended when the title's description (boundaries, area or position) differs from the land actually and bona fide occupied by them or is erroneous or imperfect on its face.
Section Proprietor may apply for amendment to make boundaries coincide with land occupied under title Section A proprietor may apply to have his or her certificate of title amended in any case in which the boundaries, area or position of the land described in it differ from the boundaries, area or position of the land actually and bona fide occupied by him or her and purporting to be so occupied under the title in respect of which the certificate of title was issued, or in any case in which the description in the certificate of title is erroneous or imperfect on the face of it. - 141
Rectification of titles - Proprietor may apply to have other titles amended where inconsistent
A proprietor may apply to have other proprietors' certificates of title amended where inconsistent.
Section Proprietor may apply to have other titles amended where inconsistent Section A proprietor may apply for the rectification of the original and duplicate certificate of title of any other proprietor or proprietors, in any case in which the land described in the applicant’s certificate of title and actually and bona fide occupied by him or her comprises land which by reason of any error in a survey or other misdescription is included in the land described in any other certificate or certificates of title. - 142
Rectification of titles - Form of application
The attorney of a corporation registered as proprietor may apply on behalf of the corporation in the manner provided by section 9.
Section Form of application Section Any application to be made under section 141 shall be in the form set forth in Schedule 17 to this Act, and the attorney of any corporation registered as proprietor may apply on behalf of the corporation in the manner provided by section 9 . - 143
Rectification of titles - How application to be dealt with
The Registrar must, at the applicant's expense, publish and serve notice of the application (at least once in the Gazette), post it publicly, and set a time not less than fourteen days after first publication when the application may be granted unless a caveat is lodged.
Section How application to be dealt with Section The Registrar shall at the expense of the applicant publish notice of the application once at least in the Gazette and shall cause notice of the application to be served on any person he or she shall think fit, and to be posted in a conspicuous place outside the office of the chief administrative officer in whose area the land is situate and shall appoint a time not less than fourteen days from the first publication of the notice on or after the expiration of which the application may be granted unless a caveat is lodged forbidding the granting of the application. - 144
Rectification of titles - Special notice to be given to other proprietors
When an application would affect or create an inconsistent certificate of title, the Registrar must serve notice of the application (with a plan showing the affected extent) on all registered fee simple owners, lessees or mortgagees.
Section Special notice to be given to other proprietors Section In any case in which the granting of an application to be made as aforesaid or of an application to bring land under this Act would affect land comprised in any other certificate of title or cause a certificate to issue which would be inconsistent with any other certificate of title , the Registrar shall, in addition to any other notices, cause notice of the application to be served upon all persons appearing by the register to be the owners of an estate in fee simple in or lessees or mortgagees of the land which would be affected or the land comprised in the certificate of title as to which the inconsistency would arise accompanied by a plan showing accurately the extent to which the certificate of title thereof would be affected if the application was granted; and a copy of that notice and plan shall, until the application has been finally dealt with, be kept open for inspection at the office of titles. - 145
Rectification of titles - Person objecting to application being granted may lodge caveat
A person claiming an estate or interest in the land may, before the application is granted, lodge a caveat with the Registrar to forbid granting the application.
Section Person objecting to application being granted may lodge caveat Section A person claiming any estate or interest in the land in respect of which any such application is made as hereinbefore provided may, before the granting of the application, lodge a caveat with the Registrar forbidding the granting of the application; and every such caveat shall in all other respects be in the same form, shall be subject to the same provisions, and shall have the same effect with respect to the application against which it is lodged as an ordinary caveat against bringing land under the operation of this Act. - 146
Rectification of titles - Application may be granted although other titles may be affected
The Registrar may grant an application under section 140 or 141 (or to bring land under the Act) even if doing so affects land in another certificate of title, when the affected land was included in that other certificate due to survey error or misdescription, unless the title to that land has already been determined in a contested proceeding.
Section Application may be granted although other titles may be affected Section On any application under section 140 or 141 or to bring land under this Act, the Registrar may grant the application although the certificate to be issued or the rectification of the register to be made upon that application may affect land comprised in any other certificate of title if it appears that the land so affected has been included in such other certificate of title by reason of some error in survey or other misdescription unless the title to the land so affected has been theretofore determined in a contested proceeding under this Act or in any court of competent jurisdiction in which the right to the possession of that land was in question. - 147
Rectification of titles - On granting application other title may be rectified
When an application is granted the Registrar must rectify the register and make orders to produce the duplicate certificate; the Registrar may detain the duplicate and may refuse to register dealings until the duplicate is brought in for rectification.
Section On granting application other title may be rectified Section Upon granting any such application, the Registrar shall rectify the register by making the requisite alteration in the original and duplicate of any other certificate of title accompanied by a statement made and signed by him or her in the Register Book of the circumstances in which the rectification has been made; and he or she shall make the necessary orders for the production of the duplicate certificate, and may detain the duplicate until the rectification of the duplicate is completed; and he or she may refuse to register any dealing with the land or any estate or interest in the land until the duplicate has been brought in for rectification. - 148
Rectification of titles - Issue of amended or substituted certificate on rectification
Upon rectifying an original and duplicate certificate, the Registrar may return the amended duplicate or may issue a new duplicate free of cost; every substituted duplicate issued must bear the same numbers with “substituted” prefixed to the volume and folium.
Section Issue of amended or substituted certificate on rectification Section Upon rectifying the original and duplicate of any certificate of title as mentioned in section 147 , the Registrar may return the duplicate so amended, or if he or she thinks fit, may issue a new duplicate free of cost; and every substituted duplicate so issued shall bear the same numbers as that for which it is substituted with the word “substituted” prefixed to the volume and folium.
Part XI
Special powers of high court and registrar
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Special powers of high court and registrar - Power to require explanation and production of documents
The Registrar may, by summons, require interested persons to appear, explain and produce documents, may examine them on oath, and need not proceed with a transaction if material information or documents are withheld.
Section Power to require explanation and production of documents Section The Registrar may, by summons under his or her hand in the form in Schedule 18 to this Act, require the proprietor or mortgagee or other person interested in any land under the operation of this Act, in respect of which any transfer, lease, mortgage or other dealing, or any discharge of any mortgage is proposed to be transacted or registered, to appear at a time and place to be appointed in the summons and give any explanation concerning such land or any document affecting the title to the land , and to produce any grant , final mailo certificate , certificate of title , will, mortgage or other instrument or document in his or her possession or within his or her control affecting the land or the title to the land ; and the Registrar is authorised to examine upon oath, which oath he or she is hereby empowered to administer, any such proprietor , mortgagee or other person as aforesaid; and if any such proprietor , mortgagee or other person refuses or neglects to attend the Registrar for the purpose of being examined or to produce any such document or to allow it to be inspected or refuses or neglects to give any such explanation as aforesaid, and the information or document withheld appears to the Registrar to be material, the Registrar shall not be bound to proceed with the transaction. - 150
Special powers of high court and registrar - Registrar to carry out order vesting trust estate
When served with a vesting order or an office copy, the Registrar must record the order's date, the time it was produced, and the name of the person in whom the order vests on the Register Book and duplicate title documents.
Section Registrar to carry out order vesting trust estate Section Whenever any person interested in land under the operation of this Act or any estate or interest in the land appears to the High Court to be a trustee of that land , estate or interest within the intent and meaning of any law for the time being in force relating to trusts and trustees, and any vesting order is made in the premises by the High Court, the Registrar , on being served with the order or an office copy of the order, shall enter in the Register Book and on the duplicate certificate of title and duplicate instrument , if any, the date of the order, the time of its production to him or her, and the name and addition of the person in whom the order purports to vest the land , estate or interest; and upon the date of that registration as defined in section 46(3) , that person shall become the transferee and be deemed to be the proprietor of the land, estate or interest. Unless its registration is effected, the order shall have no effect or operation in transferring or otherwise vesting the land , estate or interest. - 151
Special powers of high court and registrar - Power of Registrar to make vesting order in cases of completed purchase
The Registrar may make a vesting order where specified purchase and possession conditions are met, may direct payment of an additional assurance fee, and must effect the registration directed by section 150 upon payment of that fee.
Section Power of Registrar to make vesting order in cases of completed purchase Section If it is proved to the satisfaction of the Registrar that land under this Act has been sold by the proprietor and the whole of the purchase money paid, and that the purchaser has or those claiming under the purchaser have entered and taken possession under the purchase, and that entry and possession have been acquiesced in by the vendor or his or her representatives, but that a transfer has never been executed by the vendor and cannot be obtained by reason that the vendor is dead or residing out of the jurisdiction or cannot be found, the Registrar may make a vesting order in the premises and may include in the order a direction for the payment of such an additional fee in respect of assurance of title as he or she may think fit, and the Registrar upon the payment of that additional fee, if any, shall effect the registration directed to be made by section 150 in the case of the vesting orders mentioned in that section, and the effecting or the omission to effect that registration shall be attended by the same results as declared by section 150 in respect of the vesting orders mentioned in that section. - 152
Special powers of high court and registrar - Removal of encumbrances
If the Registrar is satisfied that an encumbrance on a certificate of title has been fully satisfied or otherwise determined and no longer affects the land, the Registrar may endorse a memorandum on the certificate or allow a later certificate to be issued without that encumbrance.
Section Removal of encumbrances Section If it is proved to the satisfaction of the Registrar that any encumbrance notified on any certificate of title has been fully satisfied, extinguished or otherwise determined and no longer affects the land , he or she may either endorse a memorandum to that effect on the certificate or permit any subsequent certificate of title of the same land to be issued free from that encumbrance. - 153
Special powers of high court and registrar - Satisfaction of judgment may be entered before expiration of period
If someone proves to the Registrar that a judgment (entered under section 119) was satisfied before the entry's operative period ended, the Registrar may write “Satisfied” with signature and date on the Register Book and the writ will cease to affect the land.
Section Satisfaction of judgment may be entered before expiration of period Section On proof to the Registrar that any judgment of which a copy decree of execution has been entered under section 119 has been satisfied before the period for which the entry is operative has elapsed, the Registrar may write the word “Satisfied” with his or her signature and the date of the signing upon or below the entry of the copy decree in the Register Book, and thereupon that writ shall cease to affect the land as to which the entry was made. - 154
Special powers of high court and registrar - Powers of Registrar
The Registrar has specified powers to lodge caveats, prohibit transfers or dealings, effect registrations even if prescribed fees are unpaid (creating a first charge in favour of the Government), pursue recovery of unpaid fees, require surveys from caveators and remove caveats that lapse.
Section Powers of Registrar Section The Registrar may exercise and shall perform the following powers and duties— to lodge a caveat on behalf of the Government or on behalf of any person who is under disability of infancy, coverture, lunacy, unsoundness of mind or absence from Uganda, to prohibit the transfer or dealing with any land belonging or supposed to belong to any such person, and also to prohibit the dealing with any land in any case in which it appears that an error has been made by misdescription of the land or otherwise in any registered certificate of title or in any instrument , or for the prevention of any fraud or improper dealing; at his or her discretion, notwithstanding the non-payment of any prescribed fees, to effect any registration on behalf of or issue a certificate of title to an African of Uganda. Such unpaid fees shall, until recovered, be a first charge in favour of the Government upon the land comprised in the relevant certificate of title and that charge shall thereupon be entered in the folium of the Register Book constituted by the certificate of title . Any such unpaid fees may be sued for and recovered by the Registrar or any officer of the Government or of the administration of a district appointed by the Registrar in that behalf in any court of competent jurisdiction or summarily as a civil debt. Where the Registrar appoints an officer of the administration of a district as aforesaid, the amount due may be recovered by that officer in the name of the Registrar in a court constituted under the Magistrates Courts Act , notwithstanding any provisions to the contrary in any other law; and where it appears to him or her that a caveator claims an interest in an unascertained portion of land within the meaning of section 122(1) and that survey of that portion is not likely to be delayed, to serve notice on the caveator requiring him or her to arrange for the survey of the portion he or she claims; and if the caveator neglects or fails to have the survey of that portion completed within a period of six months from the date of service of the notice or such further period not exceeding three months as the Registrar may in his or her discretion allow, his or her caveat shall lapse on the expiration of that period or extended period, and the Registrar shall remove the caveat from the Register Book. - 155
Special powers of high court and registrar - Fees
Fees in Schedule 5 or other fees prescribed by the Minister must be payable, and the Commissioner Surveys and Mapping may reduce or remit any of the fees, whether prospectively or retrospectively.
Section Fees Section The fees specified in Schedule 5 to this Act or such other fees as may be prescribed by the Minister in lieu of or in addition to those fees shall be payable; except that the Commissioner Surveys and Mapping may reduce or remit, whether prospectively or retrospectively, any of the fees. - 156
Special powers of high court and registrar - Additional fees for assurance of title in certain cases
The Registrar may grant an application conditionally if the applicant pays an additional fee as indemnity, the amount to be determined by the Registrar.
Section Additional fees for assurance of title in certain cases Section Upon granting an application made under this Act for the exercise by the Registrar of any of the powers conferred on him or her by sections 113 and 152 , or for the waiver of any requisition made in connection with a proposed dealing under this Act, the Registrar may grant such application conditionally upon the applicant paying as an additional fee in respect of assurance of title such a sum of money as the Registrar considers to be a sufficient indemnity by reason of the non-production of any document affecting the title or of inability to obtain a consent, serve a notice or comply with any other requisition made in the case, or by reason of the imperfect nature of the evidence of title or as against any uncertain or doubtful claim or demand incident to or which may arise upon the title or any risk to which the Government may be exposed by the granting of the application. - 157
Special powers of high court and registrar - Rejection of defective instrument or document
The Registrar may require correction of a defective document and may reject it if, after written notice, the person lodging it fails to amend within specified periods; half the fees paid on lodging are forfeited on rejection.
Section Rejection of defective instrument or document Section Whenever any instrument , caveat, surrender, discharge of encumbrance, decree of execution, or other document lodged for registration or in relation to any land , title, estate or interest, or in connection with any application or dealing is erroneous or defective, the Registrar may require the correction and re-execution or correction only, as the case requires, of the document to be made or procured by the person lodging it; and if, after notice in writing of the error or defect, he or she fails to procure the document to be amended if it is an instrument or an application to bring land under this Act within a period of three months, or if it is any other document within a period of twenty-one days from the date of notice, the Registrar may, if he or she thinks fit, reject the document, and notify that rejection to the person lodging the document, and thereupon half the fees paid on the lodging of the document shall be forfeited and paid into the Consolidated Fund, and the other half may be returned to the person lodging the document on his or her withdrawing it. - 158
Special powers of high court and registrar - Power to state a case for High Court
The Registrar may refer questions about duties or functions under the Act to the High Court; the High Court may give a judgment that is binding on the Registrar.
Section Power to state a case for High Court Section The Registrar may, whenever any question arises with regard to the performance of any duty or the exercise of any of the functions conferred or imposed on him or her by this Act, state a case for the opinion of the High Court; and thereupon the court may give its judgment on the case, and that judgment shall be binding upon the Registrar .
Part XII
Actions and other remedies
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Actions and other remedies - Officers not to be liable for acts done bona fide
The Registrar and anyone acting under the Registrar's authority are exempt from liability for bona fide acts or omissions done in the exercise (or supposed exercise) of powers or duties under this Act.
Section Officers not to be liable for acts done bona fide Section Neither the Registrar nor any person acting under his or her authority shall be liable to any action or proceeding for or in respect of any act or matter bona fide done or omitted to be done in the exercise or supposed exercise of any power or duty given or imposed by this Act. - 160
Actions and other remedies - Registered proprietor protected against ejectment except in certain cases
A person registered as proprietor is generally protected from actions to recover the land against them, except in the listed specific cases.
Section Registered proprietor protected against ejectment except in certain cases Section No action of ejectment or other action for the recovery of any land shall lie or be sustained against the person registered as proprietor under this Act, except in any of the following cases— the case of a mortgagee as against a mortgagor in default; the case of a lessor as against a lessee in default; the case of a person deprived of any land by fraud as against the person registered as proprietor of that land through fraud or as against a person deriving otherwise than as a transferee bonafide for value from or through a person so registered through fraud; the case of a person deprived of or claiming any land included in any certificate of title of other land by misdescription of the other land or of its boundaries as against the registered proprietor of that other land not being a transferee of the land bona fide for value; or the case of a registered proprietor claiming under a certificate of title prior in date of registration under this Act in any case in which two or more certificates of title may be registered under this Act in respect of the same land , and in any case other than as aforesaid the production of the registered certificate of title or lease shall be held in every court to be an absolute bar and estoppel to any such action against the person named in that document as the grantee, owner, proprietor or lessee of the land described in it, any rule of law or equity to the contrary notwithstanding. - 161
Actions and other remedies - Powers of High Court to direct cancellation of certificate or entry in certain cases
The High Court may order the Registrar to cancel or substitute title certificates or register entries when land, estate or interest is recovered by proceeding; the Registrar must give effect to that order.
Section Powers of High Court to direct cancellation of certificate or entry in certain cases Section Upon the recovery of any land , estate or interest by any proceeding from the person registered as proprietor thereof, the High Court may in any case in which the proceeding is not herein expressly barred, direct the Registrar to cancel any certificate of title or instrument , or any entry or memorial in the Register Book relating to that land , estate or interest, and to substitute such certificate of title or entry as the circumstances of the case require; and the Registrar shall give effect to that order. - 162
Actions and other remedies - Compensation of party deprived of land
A person deprived of land or an interest in land may bring and prosecute an action to recover damages against the person responsible for the deprivation.
Section Compensation of party deprived of land Section A person deprived of land or of any estate or interest in land in consequence of fraud or through the bringing of the land under the operation of this Act or by the registration of any other person as proprietor of the land , estate or interest or in consequence of any error or misdescription in any registered certificate of title or in any entry or memorial in the Register Book may bring and prosecute an action for the recovery of damages against the person upon whose application the land was brought under the operation of this Act, or the erroneous registration was made, or who acquired title to the estate or interest through the fraud, error or misdescription; but— except in the case of fraud or of error occasioned by any omission, misrepresentation or misdescription in the application of the person to bring such land under the operation of this Act or to be registered as proprietor of the land , estate or interest or in any instrument signed by him or her, that person shall, upon a transfer of the land bona fide for value, cease to be liable for the payment of any damage which but for the transfer might have been recovered from him or her under the provisions herein contained; and in the last mentioned case, and also in case the person against whom the action for damages is directed to be brought as aforesaid is dead or has been adjudged bankrupt or cannot be found within the jurisdiction of the High Court, then and in any such case such damages with costs of action may be recovered from the Government; and in estimating the damages, the value of all buildings and other improvements erected or made subsequently to the deprivation shall be excluded. - 163
Actions and other remedies - Money paid by Government may be recovered
The Government may recover amounts it paid on behalf of deceased, bankrupt or absconded persons from those persons' estates or from the persons themselves; the High Court may, on Registrar application and a certificate from the Secretary to the Treasury, give judgment for the Registrar and order execution immediately.
Section Money paid by Government may be recovered Section Whenever any amount has been paid by the Government on account of any person who is dead, that amount may be recovered by the Government from the estate of that person; and whenever such amount has been paid on recount of a person who has been adjudged bankrupt, the amount so paid shall be considered to be a debt due from the estate of the bankrupt, and a certificate signed by the Secretary to the Treasury certifying the fact of the payment by the Government and delivered to the Official Receiver shall be sufficient proof of the debt; and whenever any amount has been paid by the Government on account of any person who has absconded or who cannot be found within the jurisdiction of the High Court and has left any real or personal estate within Uganda, the High Court may, upon the application of the Registrar and upon the production of a certificate signed by the Secretary to the Treasury certifying that the amount has been paid by the Government, give judgment for the Registrar against that person forthwith for the amount so paid together with the costs of the application, and execution may issue immediately; and if that person has not left real or personal estate within Uganda sufficient to satisfy the amount for which execution has been issued as aforesaid, the Government may recover that amount or the unrecovered balance of it from the person at any time thereafter. - 164
Actions and other remedies - Government not liable in certain cases
The Government is not liable for compensation in the listed cases, except where the person liable cannot be found or cannot pay; amounts paid for absconding persons may be recovered and the Government is only liable for amounts that cannot be recovered.
Section Government not liable in certain cases Section The Government shall not in any circumstances be liable for compensation for any loss, damage or deprivation occasioned by the breach by a proprietor of any trust, whether express, implied or constructive; nor in any case in which the same land has been included in two or more grants or final mailo certificates; nor in any case in which the loss or deprivation has been occasioned by any land being included in the same certificate of title with other land through misdescription of boundaries or parcels of any land unless in the case last aforesaid it is proved that the person liable for compensation and damages is dead or has absconded or has been adjudged bankrupt or is unable to pay the full amount awarded in any action for recovery of such compensation and damages; but— any amount paid by the Government on account of any person who has absconded may be recovered from that person at any time thereafter; and the Government shall be liable for such amounts only as cannot be recovered from the person liable as aforesaid. - 165
Actions and other remedies - Purchasers protected
Bona fide purchasers for value of land under this Act are protected from being made subject to ejectment, claims for damages, or deprivation of their registered estate or interest where prior registrations involved fraud or error.
Section Purchasers protected Section Nothing in this Act shall be so interpreted as to leave subject to an action of ejectment or to an action for recovery of damages as aforesaid or for deprivation of the estate or interest in respect to which he or she is registered as proprietor any purchaser bona fide for valuable consideration of land under the operation of this Act, on the ground that the proprietor through or under whom he or she claims was registered as proprietor through fraud or error or has derived from or through a person registered as proprietor through fraud or error; and this applies whether the fraud or error consists in wrong description of the boundaries or of the parcels of any land or otherwise howsoever. - 166
Actions and other remedies - Proprietor, etc. may summon Registrar to show cause if dissatisfied
An owner or proprietor dissatisfied with the Registrar may require written grounds and may summon the Registrar to the High Court; the Registrar has a right of reply and must obey the High Court's orders.
Section Proprietor, etc. may summon Registrar to show cause if dissatisfied Section If upon the application of any owner or proprietor to have land brought under the operation of this Act, or to have any dealing registered or recorded, or to have any certificate of title or other document issued, or to have any act or duty done or performed which by this Act is required to be done or performed by the Registrar , the Registrar refuses so to do, or if the owner or proprietor is dissatisfied with any decision of the Registrar upon his or her application, the owner or proprietor may require the Registrar to set forth in writing under his or her hand the grounds of his or her refusal or decision, and the owner or proprietor may, if he or she thinks fit, at his or her own cost summon the Registrar to appear before the High Court to substantiate and uphold those grounds. The summons under subsection (1) shall be served upon the Registrar six clear days at least before the day appointed for hearing the complaint of the owner or proprietor. Upon such hearing, the Registrar shall have the right of reply; and the High Court may, if any question of fact is involved, direct an issue to be tried to decide the fact; and thereafter the High Court shall make such order in the premises as the circumstances of the case require, and such order as to payment of costs and fees as to it shall seem fit; and the Registrar shall obey that order. - 167
Actions and other remedies - Actions for recovery of damages may be brought against Government
A person who sustains loss due to omissions, mistakes or misfeasance by the Registrar or other officers may bring an action against the Government to recover damages when barred from other actions.
Section Actions for recovery of damages may be brought against Government Section person sustaining loss through any omission, mistake or misfeasance of the Registrar or any other officer or clerk in the execution of their respective dies under this Act or by any error, omission or misdescription in any certificate of title or any entry or memorial in the Register Book or by the registration of any other person as proprietor , and who is barred by this Act from bringing an action of ejectment or other action for the recovery of the land , estate or interest, may, in any case in which the remedy by action for recovery of damages as herein provided is inapplicable, bring an action against the Government for recovery of damages; in estimating those damages, however, the value of all buildings and other improvements erected or made subsequently to the loss or deprivation shall be excluded. - 168
Actions and other remedies - Persons sustaining loss by inaccuracy in Government survey may recover damages
A person who suffers loss from a rectification or bringing of land caused by an inaccuracy in a Government survey may sue the Government for damages without first using remedies in sections 162 or 167.
Section Persons sustaining loss by inaccuracy in Government survey may recover damages Section A person sustaining any loss or damage by any rectification of a certificate of title under this Act or by the bringing of land under this Act, if the rectification or issue by which the loss or damage was occasioned was in consequence of or justified by any inaccuracy in any survey or plan or description of land used upon any sale of land by the Government or by the Uganda Land Commission or a district land board, then notwithstanding sections 162 and 167 , but without prejudice to the rights, if any, of that person under those sections, may, in the first instance and without any obligation to pursue the remedies provided by those sections, bring an action against the Government for recovery of damages. - 169
Actions and other remedies - Persons sustaining loss may recover damages
A person who sustains loss or damage from the Registrar's exercise (or supposed exercise) of powers may bring an action against the Government to recover damages; if that person was party or privy to the related application or dealing, they may join the Government as co-defendant in actions against others.
Section Persons sustaining loss may recover damages Section A person who has sustained or hereafter sustains any loss or damage in or by the exercise or supposed exercise by the Registrar of any of the powers or duties conferred or imposed on him or her by this Act, and who has not been party or privy to the application or dealing in connection with which the power was exercised, may, notwithstanding sections 162 and 167 , and without prejudice to the rights, if any, of that person under those sections in the first instance and without any obligation to pursue the remedies provided by those sections, bring an action against the Government for recovery of damages. Where the person referred to in subsection (1) has been party or privy to the application or dealing referred to in that subsection, he or she shall be at liberty to join the Government as co-defendant in any action brought by him or her in respect of such loss or damage against any other person or persons who has or have been party or privy to that application or dealing. - 170
Actions and other remedies - Person claiming may before action brought apply to Registrar for compensation
A person entitled to sue the Government may, before starting proceedings, apply in writing to the Registrar for compensation; the application must be supported by affidavit. If the Registrar admits and certifies the claim, the Minister may authorise payment of the certified amount.
Section Person claiming may before action brought apply to Registrar for compensation Section A person sustaining loss or damage in any case in which he or she is entitled to bring an action to recover damages against the Government may, before commencing proceedings, make application in writing to the Registrar for compensation, and that application shall be supported by affidavit. If the Registrar admits the claim or any part of it and certifies accordingly to the Attorney General, the Minister may thereupon, if he or she thinks fit, authorise payment by the Secretary to the Treasury of the amount so certified. - 171
Actions and other remedies - Limitation of actions
Actions to recover damages for deprivation of land must generally be commenced within six years; persons under certain disabilities may bring actions within six years from when the disability ends, provided the action is brought within thirty years of the deprivation; plaintiffs who had notice and failed to lodge or keep a caveat may have judgment entered against them.
Section Limitation of actions Section No action for recovery of damages sustained through deprivation of land or of any estate or interest in land shall lie or be sustained against the Government or against the person upon whose application that land was brought under the operation of this Act or against the person who applied to be registered as proprietor in respect to the land , unless the action is commenced within six years from the date of the deprivation; except that any person being under the disability of coverture, (except in the case of a married woman entitled to bring the action), infancy, mental illness, may bring the action within six years from the date on which the disability has ceased, so, however, that the action is brought within thirty years next after the date of the deprivation. The plaintiff in any such action at whatever time it is brought, and the plaintiff in any action for the recovery of land , shall have judgment entered against him or her in any case in which the deprivation complained of has been occasioned through the bringing of land under the operation of this Act if it is made to appear to the satisfaction of the High Court on the trial of the action that the plaintiff or the persons through or under whom he or she claims title had notice by personal service or otherwise or was aware that application had been made to bring the land under the operation of this Act, and had willfully or collusively or negligently omitted to lodge a caveat forbidding that or had allowed the caveat to lapse. - 172
Actions and other remedies - Ordinary rules of procedure and rights of appeal to apply
Proceedings under this Act use the same procedural rules and rights of appeal as ordinary proceedings; the Chief Justice may make rules subject to section 173 and to any powers conferred on him or her.
Section Ordinary rules of procedure and rights of appeal to apply Section Subject to section 173 and to any rules which may be made by the Chief Justice under any of the powers conferred on him or her, the same rules of procedure and practice shall apply in proceedings before any court under this Act as are in force for the time being in respect of ordinary proceedings before that court; and there shall be the same rights of appeal in respect of proceedings under this Act as exist for the time being in respect of ordinary proceedings. - 173
Actions and other remedies - High Court may refer questions to other courts
In proceedings before the High Court, the court may refer any question to a subordinate court; the court receiving the referral must try the question and return its finding to the High Court.
Section High Court may refer questions to other courts Section In any proceedings under this Act before the High Court, the court may refer any question to any court subordinate to itself, and the court to which any question is referred shall try the question and return its finding on the question to the High Court, and that finding shall become part of the record in the proceedings before the High Court.
Part XIII
Offences and penalties
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Offences and penalties - Certain fraudulent acts to be offences
Making false statements, concealing material information, providing false affidavits/evidence, or fraudulently procuring titles or register entries in land registration is an offence punishable by up to three years' imprisonment or a fine; certificates or register entries obtained by fraud are void.
Section Certain fraudulent acts to be offences Section If any person willfully makes any false statement or declaration in any application to bring land under the operation of this Act or in any application under Part V of this Act or in any other application to be registered under this Act as proprietor of any land , lease or mortgage, or suppresses or conceals or assists or joins in or is privy to the suppressing, withholding or concealing from the Registrar of any material document, fact or matter of information, or willfully makes any false affidavit or signs any false certificate required under the authority or made or signed in pursuance of this Act, or if any person in the course of his or her examination before the Registrar willfully and corruptly gives false evidence, or if any person fraudulently procures, assists in fraudulently procuring or is privy to the fraudulent procurement of any certificate of title or instrument or of any entry in the Register Book or of any erasure or alteration in any entry in the Register Book, or knowingly misleads or deceives any person hereinbefore authorised to require explanation or information in respect to any land or the title to any land under the operation of this Act in respect to which any dealing is proposed to be registered, that person commits an offence and is liable, on conviction, to imprisonment for a term not exceeding three years or to a fine or both; and any certificate of title , entry, erasure or alteration so procured or made by fraud shall be void as against all parties or privies to the fraud. Nothing in this section shall affect any remedy to which any person aggrieved or injured by any act is entitled against the person who has committed the act or against his or her estate.
Part XIV
Miscellaneous
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Miscellaneous - Change of address
People listed in the Register Book must notify the Registrar in writing if their address changes; after receiving that notification and payment of the prescribed fee, the Registrar must record the change on the certificate of title.
Section Change of address Section A person whose address appears in the Register Book shall notify the Registrar in writing of any change in his or her address, and upon receipt of the notification and upon payment of the prescribed fee the Registrar shall cause the change to be recorded on the certificate of title . - 176
Miscellaneous - Registration of survivor of joint proprietors
When one joint proprietor dies, the Registrar may register the surviving joint proprietor on application and proof of death; the registered applicant shall become the transferee and be deemed proprietor.
Section Registration of survivor of joint proprietors Section Upon the death of any person registered with any other person as joint proprietor of any land or of any lease or as joint proprietor of any mortgage owned on a joint account in equity, the Registrar , on the application of the person entitled and proof to his or her satisfaction of the death, may register the applicant as the proprietor thereof; and the applicant shall, upon being registered in the manner herein prescribed for the registration of a like estate or interest, become the transferee of the land , lease or mortgage and be deemed its proprietor . - 177
Miscellaneous - Proprietors and transferees to stand in places of previous owners
Registered proprietors and registered transferees of land, lease or mortgage have the same estates, rights, powers and remedies, are subject to the same obligations and liabilities, and may sue and be sued in their own name while registered.
Section Proprietors and transferees to stand in places of previous owners Section Without lessening or prejudicing any of the other rights, powers and remedies hereby given and conferred, every proprietor and every transferee when registered of any land , lease or mortgage shall, while continuing so registered, have the same estates, rights, powers and remedies and be subject to the same engagements, obligations and liabilities and may sue and be sued in his or her own name in respect thereof or thereupon, in like manner as if he or she had been the original proprietor of the land by or with whom the engagement, obligation or liability sued upon was entered into or incurred, or the original lessee or mortgagee. - 178
Miscellaneous - Proprietor to allow his or her name to be used by person interested
The proprietor of land, a lease or mortgage must allow a beneficiary or person interested to use the proprietor's name in legal actions concerning the property when that beneficiary or person applies; the proprietor is entitled to be indemnified.
Section Proprietor to allow his or her name to be used by person interested Section The proprietor of any land or of any lease or mortgage shall, on the application of any beneficiary or person interested in it, be bound to allow his or her name to be used by that beneficiary or person in any action or proceeding which it is necessary or proper to bring or institute in the name of the proprietor concerning the land , lease or mortgage or for the protection or benefit of the title vested in the proprietor or of the interest of any such beneficiary or person; but, nevertheless, the proprietor shall in any such case be entitled to be indemnified in like manner as if being a trustee he or she would before the passing of this Act have been entitled to be indemnified in a similar case of his or her name being used in any such action or proceeding by his or her cestui que trust. - 179
Miscellaneous - Legal practitioners tendering documents to be practising advocates of Uganda
The Registrar must not accept or process applications or documents from anyone claiming to act as a legal practitioner on a client's behalf unless that person is an advocate enrolled in the High Court and holds an unexpired certificate to practise in Uganda.
Section Legal practitioners tendering documents to be practising advocates of Uganda Section Notwithstanding anything herein contained, where any application is made or document tendered for record or registration by any person purporting to act as a legal practitioner on behalf of a client, the Registrar shall not entertain the application or accept the document unless that person is an advocate duly enrolled in the High Court and the holder of an unexpired certificate entitling him or her to practise in the courts of Uganda; but where the application is entertained or document accepted by the Registrar in error, nothing in this section shall invalidate or nullify the effect of any action of the Registrar taken upon that application or acceptance. - 180
Miscellaneous - Registrar to give receipt for documents lodged
The Registrar must, if required, give a person who lodges documents an acknowledgment; to obtain it the person lodging must fill in duplicate lists on printed forms supplied by the office of titles.
Section Registrar to give receipt for documents lodged Section On any documents being lodged with the Registrar for any of the purposes of this Act, the Registrar shall if required to do so give to the person lodging the documents an acknowledgment of the documents having been lodged; but— to obtain that acknowledgment the person lodging the documents shall fill in duplicate lists of the documents upon printed forms supplied by the office of titles, one of which signed by that person shall be retained by the office and the other bearing the signature of the officer receiving it shall constitute the acknowledgment so to be given; and documents so lodged shall be returned only to the person who lodged them or to some person claiming through or under him or her or authorised in writing by the person entitled to receive them. - 181
Miscellaneous - Official Receiver or trustee of bankrupt entitled to be registered
When a bankrupt is proprietor of land, lease or mortgage, the Official Receiver or trustee is entitled to be registered as proprietor; the Registrar must enter a memorandum on the register upon receiving the appointment and application, and upon that entry the Official Receiver or trustee shall become the transferee and be deemed proprietor.
Section Official Receiver or trustee of bankrupt entitled to be registered Section Upon the bankruptcy of the proprietor of any land , lease or mortgage, or upon any bankrupt before obtaining his or her discharge becoming proprietor of any land , lease or mortgage, the Official Receiver or trustee shall be entitled to be registered as proprietor in respect of that land , lease or mortgage; and the Registrar , upon the receipt of an office copy of the appointment of the Official Receiver or trustee accompanied by an application in writing under his or her hand to be so registered in respect of any land , lease or mortgage of the bankrupt therein described, or of any estate or interest to which he or she was before the adjudication or after adjudication, and before obtaining his or her discharge, entitled or able to transfer or dispose of under any power of appointment or disposition which he or she might legally execute for his or her own benefit, shall enter in the Register Book upon the folium constituted by the certificate of title of the land or on the lease or mortgage a memorandum notifying the appointment of the Official Receiver or trustee; and upon that entry being made, the Official Receiver or trustee shall become the transferee and be deemed to be the proprietor of the land , lease or mortgage, estate or interest, and shall hold it subject to the equities upon and subject to which the bankrupt held it, but for the purpose of any dealing with it under this Act the Official Receiver or trustee shall be deemed to be the absolute proprietor thereof. - 182
Miscellaneous - Until Official Receiver or trustee registered, bankruptcy of proprietor not to affect dealings
Dealings by a bankrupt proprietor in land may be registered (subject to application under section 181 and any caveat by the Official Receiver or trustee), and once registered those dealings shall not be affected by the adjudication.
Section Until Official Receiver or trustee registered, bankruptcy of proprietor not to affect dealings Section Until the application is made under section 181 and subject to the operation of any caveat which is lodged by the Official Receiver or trustee, dealings by a bankrupt proprietor with land under the operation of this Act may be registered, and thereupon shall not be affected by the adjudication. - 183
Miscellaneous - Conditions of sale in Schedule 19 may be adopted by reference
The Schedule 19 Table A conditions may be adopted into a contract for sale of land by inserting specified words, and then those conditions form part of the contract subject to any express modification or exclusion.
Section Conditions of sale in Schedule 19 may be adopted by reference Section On any sale of land under the operation of this Act by public auction or private contract, the conditions set out in the table marked “A” in Schedule 19 to this Act may be adopted by inserting the words “The conditions in Table A of the Registration of Titles Act shall apply to this contract”, and when so adopted those conditions shall be construed as part of the contract subject to any express modification or exclusion of any of them which may be contained in the contract. - 184
Miscellaneous - Forms may be modified
The Registrar may, in the Registrar's discretion, permit the use of vernacular translations of the prescribed forms.
Section Forms may be modified Section The forms contained in the several Schedules may be modified or altered in expression to suit the circumstances of every case; and any variation from those forms respectively in any respect not being a matter of substance shall not affect their validity or regularity. The Registrar may in his or her discretion permit the use of a vernacular translation of any of the forms mentioned in subsection (1) . - 185
Miscellaneous - Searches and certified copies
People may inspect the Register Book if they pay the applicable fee and do so during business hours; the Registrar must provide certified copies on payment of the certified-copy fee to applicants.
Section Searches and certified copies Section A person may, on payment of the fee for the time being payable in that behalf, inspect the Register Book during the hours and upon the days of business. The Registrar , on payment of the fee for the time being payable for a certified copy, shall furnish to any person applying for it a certified copy of any certificate of title , caveat or registered instrument affecting land under the operation of this Act; and every such certified copy signed by the Registrar and authenticated by the seal of the office of titles shall be received in evidence in any court or before any person having by law or by consent of the parties authority to receive evidence as prima facie proof of the original certificate of title , caveat or instrument and of all the matters contained or recited in or endorsed thereon respectively. - 186
Miscellaneous - Service of notices
The Registrar must file a copy and memorandum of notices sent and must amend caveat addresses on written request; the Registrar may, if he or she thinks fit, direct further or substituted service or proceed without notice.
Section Service of notices Section When a notice is sent by letter posted to any person at his or her address for service and the letter is returned by the post office, the Registrar may if in the circumstances and having regard to the provisions of this Act he or she thinks fit— A notice under this Act may be served or given by letter posted to the person concerned at his or her address for service or, if he or she has no address for service within the meaning of this section, at his or her last known place of abode. Any address of a person as entered in the Register Book may be used as his or her address for service. The address appointed in a caveat as the place at which notices relating to the caveat may be served shall be the address for service of the caveator. The Registrar shall cause a copy of each notice sent by him or her to be filed with a memorandum that it was so sent, and the memorandum shall be sufficient proof that the notice was duly sent. The Registrar shall on request in writing by a caveator amend or alter the address appointed in the caveat at which notices may be served. direct any further notice to be given; direct substituted service; or proceed without notice. - 187
Miscellaneous - Rules
The Minister may make rules for carrying out the purposes and provisions of the Act.
Section Rules Section The Minister may make rules generally for carrying out the purposes and provisions of this Act, and the rules may include the prescription of fees either in lieu of or in addition to those prescribed in Schedule 5 to this Act and the fees to be charged by sworn valuers.
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